MESSAGE NO: 6345203 DATE: 12 11 2006
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 848 - -
- - - -
- - - -

PERIOD COVERED: 01 01 2005 TO 01 01 2006

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: AUTOMATIC LIQUIDATION INSTRUCTIONS FOR HARD RED SPRING
WHEAT FROM CANADA (C-122-848)


1. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON HARD
RED SPRING WHEAT FROM CANADA C-122-848 FOR THE PERIOD 01/01/2005
THROUGH 01/01/2006.

2. THE MERCHANDISE COVERED BY THESE INSTRUCTIONS IS HARD RED
SPRING WHEAT FROM CANADA CURRENTLY PROVIDED FOR UNDER HARMONIZED
TARIFF SCHEDULE ITEM NUMBERS 1001.90.10.00, 1001.90.20.05,
1001.90.20.11, 1001.90.20.12, 1001.90.20.13, 1001.90.20.14,
1001.90.20.16, 1001.90.20.19, 1001.90.20.21, 1001.90.20.22,
1001.90.20.23, 1001.90.20.24, 1001.90.20.26, 1001.90.20.29,
1001.90.20.35, AND 1001.90.20.96. THIS ORDER DOES NOT COVER
IMPORTS OF WHEAT THAT ENTER UNDER THE SUBHEADINGS 1001.90.10.00
AND 1001.90.20.96 THAT ARE NOT CLASSIFIABLE AS HARD RED SPRING
WHEAT.

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 01/01/2005 AND ON OR BEFORE
01/01/2006.

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

HARD RED SPRING WHEAT FROM CANADA
01/01/2005 - 01/01/2006
CANADIAN WHEAT BOARD C-122-848-001 5.29


PLEASE NOTE THAT MESSAGE NUMBER 5062206 DATED 03/03/2005 STATES
THAT RICHELAIN FARMS IS EXCLUDED FROM THE COUNTERVAILING DUTY
ORDER AND ALL ENTRIES SHOULD BE LIQUIDATED WITHOUT REGARD TO
COUNTERVAILING DUTY MARGINS STARTING ON 03/10/2003.

5. THE NOTICE OF LIFTING OF SUSPENSION OF LIQUIDATION FOR THE
MERCHANDISE LISTED ABOVE EXPORTED ON OR AFTER 01/01/2005 AND ON
OR BEFORE 01/01/2006 OCCURRED WITH THE PUBLICATION OF THE NOTICE
OF INITIATION OF ADMINISTRATIVE REVIEW (71 FR 68535,
11/27/2006).

PURSUANT TO MESSAGE NUMBER 6055202 DATED 02/24/2006, THE
COUNTERVAILING DUTY ORDER ON HARD RED SPRING WHEAT FROM CANADA
C-122-848 WAS REVOKED EFFECTIVE 01/02/2006. CUSTOMS AND BORDER
PROTECTION WAS DIRECTED TO TERMINATE THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF HARD RED SPRING WHEAT FROM
CANADA ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER JANUARY 2, 2006. ALL ENTRIES OF THE SUBJECT PRODUCT
THAT WERE SUSPENDED ON OR AFTER JANUARY 2, 2006, SHOULD BE
LIQUIDATED WITHOUT REGARD TO COUNTERVAILING DUTIES (I.E.,
RELEASE ALL BONDS AND REFUND ALL CASH DEPOSITS). DO NOT COLLECT
CASH DEPOSITS ON ANY ENTRIES ON OR AFTER JANUARY 2, 2006.

6. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CBP SERVICE 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 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, OF 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 OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O1: ART).

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

CATHY SAUCEDA