• Period Covered: 01/01/2003 to 12/31/2003

MESSAGE NO: 4224214 DATE: 08 11 2004
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 419 - 046 C - 475 - 046
C - 421 - 046 C - 428 - 046
- - - -

PERIOD COVERED: 01 01 2003 TO 12 31 2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR SUGAR FROM IRELAND, ITALY,
THE NETHERLANDS AND GERMANY (C-419-046), (C-475-046),
(C-421-046), (C-428-046); RESPECTIVELY.


1. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE DESCRIBED COUNTERVAILING DUTY ORDERS
FOR THE REVIEW PERIOD 1/1/2003 - 12/31/2003.

2. THE COUNTERVAILING DUTY ORDERS AND CORRESPONDING MERCHANDISE
COVERED BY THESE INSTRUCTIONS IS AS FOLLOWS:

SUGAR FROM THE EUROPEAN COMMUNITY INCLUDING IRELAND (C-419-046),
ITALY (C-475-046), THE NETHERLANDS (C-421-046), AND GERMANY (C-
428-046) COVERS SHIPMENTS OF SUGAR FROM THE COUNTRIES SPECIFIED.
PRIOR TO 1995, SUCH MERCHANDISE WAS CLASSIFIABLE UNDER HARMONIZED
TARIFF SCHEDULE ITEM NUMBERS 1701.11.00, 1701.12.00, 1701.91.20
AND 1701.99.00. BEGINNING 1995, ITEM NUMBERS 1701.1105,
1701.1110, 1701.1120, 1701.1150, 1701.1205, 1701.1210, 1701.9905,
1701.9910, 1701.9950, 1702.9005, 1702.9010, 1702.9020, 2106.9042,
2106.9044, AND 2106.906 APPLY. BLENDS OF SUGAR AND DEXTROSE, A
CORN-DERIVED SWEETENER, CONTAINING AT LEAST 65 PERCENT SUGAR, ARE
COVERED BY THIS ORDER.

3. THEREFORE, IN ACCORDANCE WITH SECTION 351.212(C) OF THE
COMMERCE REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES AT
RATES EQUAL TO THE CASH DEPOSIT OF ESTIMATED COUNTERVAILING
DUTIES REQUIRED AT THE TIME OF ENTRY ON THE SPECIFIED SUBJECT
MERCHANDISE EXPORTED ON OR AFTER 1/1/2003 AND ON OR BEFORE
12/31/2003.

4. THE RATES OF ESTIMATED COUNTERVAILING DUTIES WHICH WERE
REQUIRED TO BE DEPOSITED ARE:

PRODUCT CASE NUMBER PERIOD RATE

SUGAR
IRELAND
ALL FIRMS C-419-046 1/1/2003-12/31/2003 10.45
CENTS PER
POUND
SUGAR
ITALY
ALL FIRMS C-475-046 1/1/2003-12/31/2003 10.45
CENTS PER
POUND

SUGAR
THE NETHERLANDS
ALL FIRMS C-421-046 1/1/2003-12/31-2003 10.45 CENTS PER
POUND

SUGAR
GERMANY
ALL FIRMS C-428-046 1/1/2003-12/31/2003 10.45 CENTS PER
POUND

5. THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE EXPORTED ON OR AFTER 1/1/2003 AND ON OR BEFORE
12/31/2003 IS LIFTED. THE SUSPENSION OF LIQUIDATION FOR ALL
SHIPMENTS OF THE MERCHANDISE LISTED ABOVE EXPORTED AFTER
12/31/2003 WILL CONTINUE.

6. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CUSTOMS
SERVICE ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778
REQUIRES THAT CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS
INTEREST ON UNDER PAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS
ESTIMATED COUNTERVAILING DUTIES. THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED COUNTERVAILING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY
ORDER. INTEREST SHALL BE CALCULATED FROM THE ENTRY DATE OR DATE
OF DEPOSIT, WHICHEVER IS LATER, OR ESTIMATED COUNTERVAILING
DUTIES THROUGH THE DATE OF LIQUIDATION. THE RATE AT WHICH SUCH
INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER SECTION 6621 OF
THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
(202) 482-0984 OR (202) 482-3577 RESPECTIVELY. (GENERATED BY
03:GL).

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA