MESSAGE NO: 5062206 DATE: 03 03 2005
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 848 - -
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PERIOD COVERED: 03 10 2003 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: EXPEDITED REVIEW LIQUIDATION INSTRUCTIONS FOR RICHELAIN
FARMS IN THE COUNTERVAILING DUTY EXPEDITED REVIEW OF
HARD RED SPRING WHEAT FROM CANADA (C-122-848)

1. ON JANUARY 26, 2005 THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER ITS FINAL RESULTS OF COUNTERVAILING DUTY
EXPEDITED REVIEW: HARD RED SPRING WHEAT FROM CANADA (C-122-848)
(70 FR 3679) FOR RICHELAIN FARMS.

2. IN THE FINAL RESULTS, WE DETERMINED THAT RICHELAIN FARMS WAS
FOUND TO HAVE ZERO BENEFITS AND IS EXCLUDED FROM THIS
COUNTERVAILING DUTY ORDER.

COMPANY COMPANY NUMBER

RICHELAIN FARMS C-122-848-002 OR C-122-848-000

PLEASE NOTE THAT ENTRIES FROM RICHELAIN FARMS MAY HAVE ENTERED
UNDER COMPANY NUMBER C-122-848-000 SINCE THIS COMPANY WAS NOT
PART OF THE ORIGINAL INVESTIGATION.

3. ACCORDINGLY, U.S. CUSTOMS AND BORDER PROTECTION (CBP) IS
DIRECTED TO TERMINATE IMMEDIATELY THE SUSPENSION OF LIQUIDATION
FOR ALL SHIPMENTS OF SUBJECT MERCHANDISE PRODUCED AND EXPORTED
BY RICHELAIN FARMS, AND TO REFUND ANY CASH DEPOSITS AND RELEASE
ANY BONDS OR OTHER SECURITY REQUIRED ON ALL ENTRIES ON OR AFTER
03/10/2003 FOR THE COUNTERVAILING DUTY INVESTIGATION. CONTINUE
TO SUSPEND ENTRIES FOR ANTIDUMPING DUTY PURPOSES ONLY.

4. THE ASSESSMENT OF COUNTERVAILING DUTIES BY CBP ON SHIPMENTS
OR ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES
THAT THE CBP PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON
UNDERPAYMENTS, 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.

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 (GENERATED BY O1:ART).

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

CATHY SAUCEDA