• Period Covered: 12/01/2002 to 11/30/2003

MESSAGE NO: 5203204 DATE: 07 22 2005
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 863 - -
- - - -
- - - -

PERIOD COVERED: 12 01 2002 TO 11 30 2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR HONEY FROM THE PEOPLE'S
REPUBLIC OF CHINA (A-570-863-000/001/008/011/012)


1. 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WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD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 CASE NUMBER RATE

SICHUAN-DUJIANGYAN DUBAO BEE A-570-863-011 183.80%
INDUSTRIAL CO., LTD

SHANGHAI XIUWEI INTERNATIONAL
TRADING CO., LTD A-570-863-012 183.80%

INNER MONGOLIA AUTONOMOUS
REGION NATIVE PRODUCE AND ANIMAL
BY-PRODUCTS I/E CORP. A-570-863-001 183.80%
(ALSO KNOWN AS INNER MONGOLIA)

PRC WIDE ENTITY A-570-863-000 AND 183.80%
A-570-863-008

2. IN ASSESSING THE FINAL ANTIDUMPING DUTIES FOR SHIPMENTS MADE
BY THE ENTITIES DESCRIBED ABOVE IN PARAGRAPH 1, PLEASE BE ADVISED
THAT ANY ENTRIES OF HONEY FROM THE PEOPLE'S REPUBLIC OF CHINA
THAT WERE THE SUBJECT OF AN AFFIRMATIVE CRITICAL CIRCUMSTANCES
FINDING AND WERE ENTERED ON OR AFTER FEBRUARY 10, 2001, OR WERE
THE SUBJECT OF A NEGATIVE CRITICAL CIRCUMSTANCES
FINDING AND WERE ENTERED ON OR AFTER MAY 11, 2001, AND WERE
IMPORTED BY THE IMPORTERS LISTED BELOW WILL REMAIN SUBJECT TO A
PRELIMINARY INJUNCTION ENJOINING LIQUIDATION OF ANY SUCH ENTRIES.
ACCORDINGLY, UNTIL FURTHER NOTICE, DO NOT LIQUIDATE SUCH ENTRIES
OF SUBJECT MERCHANDISE EXPORTED BY OR IMPORTED BY ANY OF THE
FIRMS NOTED BELOW:

ZHEJIANG NATIVE PRODUCE AND ANIMAL BY-PRODUCTS I/E GROUP CORP.
KUNSHAN FOREIGN TRADE CO.,
CHINA (TUSHU) SUPER FOOD I/E CORP.,
HIGH HOPE INTERNATIONAL GROUP JIANGSU FOODSTUFFS I/E CORP.,
NATIONAL HONEY PACKERS & DEALERS ASSOCIATION,
ALFRED L. WOLFF, INC.,
C.M. GOETTSCHE & CO.,
CHINA PRODUCTS NORTH AMERICA, INC.,
PURE SWEET HONEY FARM, INC.,
SUNLAND INTERNATIONAL, INC.

3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. 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.

4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ("CBP") ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO
THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION
778 REQUIRES THAT CBP PAY INTEREST ON OVERPAYMENTS AND 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.

5. 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 DEPARTMENT 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 EXPORTER TO BE REIMBURSED ANTIDUMPING
DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE
WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE
IMPORTER DOES NOT RESPOND TO YOUR FORMAL REQUEST FOR THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD PRESUME
REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.
6. 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 RESPECTIVELY (GENERATED BY O9:KB).

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

CATHY SAUCEDA