• Effective Date: May 05, 2004
  • Period of Review: Dec 01, 2002 to Nov 30, 2003
  • Notice of Lifting of Suspension Date: Jul 22, 2005
  • Cite as: 69 FR 25060 • Cite date: May 05, 2004

1. This is a correction to message 5056315, dated 02/25/2015, to correct paragraph 2 of that message. Message 5056315, dated 02/25/2015, set out to correct message 5203204 dated 07/22/2005.

2. Paragraph 2 of message 5056315 inadvertently did not mention that paragraph 4 was updated to reflect the advent of a new TRO (see Message 5041302, dated 02/10/2015). Since issuing message 5056315, the injunction referenced in the original message that is being corrected here (message 5203204) dissolved (see message 5069304, dated 03/10/2015). Accordingly, below is the fully corrected message.

3. For all shipments of honey from the People's Republic of China, exported by the companies listed below, entered or withdrawn from warehouse for consumption during the period December 1, 2002 through November 30, 2003, assess an antidumping liability at the rates listed below:

Exporter: Sichuan-Dujiangyan Dubao Bee Industrial Co., Ltd
Case Number: A-570-863-011
RATE: 183.80%

Exporter: Shanghai Xiuwei International Trading Co., Ltd
Case Number: A-570-863-012
Rate: 183.80%

Exporter: Inner Mongolia Autonomous Region Native Produce and Animal By-Products I/E Corp. (Also Known As Inner Mongolia)
Case Number: A-570-863-001
Rate: 183.80%

Exporter: PRC-wide entity
Case Number: A-570-863-000, entries may have also been made under A-570-863-007 or A-570-863-008
Rate: 183.80%
Note: Effective 05/05/2004 (69 FR 25060), Commerce found Henan Native Produce Import and Export Corp (A-570-863-007) to be part of the PRC-Wide entity.

4. In assessing the final antidumping duties for shipments made by the entities described above, please be advised that on 02/05/2015, the U.S. Court of International Trade issued a temporary restraining order (TRO) enjoining liquidation of entries which are subject to the antidumping duty order on honey from the People's Republic of China (A-570-863) for the period 05/11/2001 through 02/05/2015. The TRO was issued in connection with court number 02-00064 and is detailed in Message number 5041302. Accordingly, until further notice, do not liquidate such entries of subject merchandise produced, exported, or imported from the People's Republic of China by any of the firms noted below:

Zhejiang Native Produce & Animal By-Products Import & Export Corp.,
Kunshan Foreign Trade Co.,
China (Tushu) Super Food Import & Export Corp.,
High Hope International Group Jiangsu Foodstuffs Import & Export Corp.,
National Honey Packers & Dealers Association,
Alfred L. Wolff, Inc.,
C.M. Goettsche & Co.,
China Products North America, Inc.,
D.F. International (USA) Inc.,
Evergreen Coyle Group Inc.,
Evergreen Produce Inc.,
Pure Sweet Honey Farm Inc., and
Sunland International Inc.

5. Message number 5203204, dated 07/22/2005, constitutes the notice of lifting of suspension of liquidation of entries for the merchandise and period listed in paragraph 3 above, with the exception of any entries subject to the TRO. For all other shipments of honey from the People's Republic of China you shall, unless otherwise instructed, continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

6. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required 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. Upon assessment of antidumping duties, CBP should require that the importer provide a reimbursement statement, as described in section 351.402(f)(2) of the Commerce's regulations. The importer should provide the reimbursement statement prior to liquidation of the entry. If the importer certifies that it has an agreement with the producer, seller, or exporter to be reimbursed antidumping duties, CBP shall double the antidumping duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP's protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement.

8. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OV:FMV.)

9. There are no restrictions on the release of this information.

Michael B. Walsh