• Effective Date: Jun 20, 2016
  • Period of Review: Nov 01, 2013 to Oct 31, 2014
  • Notice of Lifting of Suspension Date: Jun 20, 2016
  • Cite as: 81 FR 39897 • Cite date: Jun 20, 2013

1. This is a correction to message 6203303, dated 07/21/2016 to correct the entire message.

2. In message 6203303, dated 07/21/2016, we issued liquidation instructions for Hebei Golden Bird Trading Co., Ltd. instead of the PRC-wide entity as a whole. In addition, message 6203303 did not clearly indicate how CBP should liquidate entries exported by Hebei Golden Bird Trading Co., Ltd. The fully corrected message is below.

3. For all shipments of fresh garlic from the People's Republic of China exported by the PRC-wide entity (A-570-831-000) entered, or withdrawn from warehouse, for consumption during the period 11/01/2013 through 10/31/2014, assess an antidumping liability equal to 4.71 dollars per kilogram of subject merchandise.

4. In Commerce's recent final results, 81 FR 39897, 06/20/2016, Commerce determined that the following exporter continues to be ineligible for a separate rate and is considered part of the PRC-wide entity:

Exporter: Hebei Golden Bird Trading Co., Ltd.

Therefore, CBP shall liquidate entries of fresh garlic from the People's Republic of China, which were exported by the firm listed above in this paragraph and entered, or withdrawn from warehouse, for consumption during the period 11/01/2013 through 10/31/2014 in accordance with the instructions in paragraph 3 above for the PRC-wide entity. Entries of such merchandise may have entered under the following case numbers

A-570-831-061
A-570-831-000

5. The notice of lifting of suspension of liquidation for entries of subject merchandise covered by paragraphs 3 and 4 occurred with the publication of the final results of administrative review (81 FR 39897, 06/20/2016). Unless instructed otherwise, for all other shipments of fresh garlic from the People's Republic of China, you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current cash deposit rates or per-unit amounts.

6. There are no injunctions applicable to the entries covered by this instruction.

7. 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.

8. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement statement, as described in section 351.402(f)(2) of 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.

9. 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 OVII:JA.)

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

Alexander Amdur