• Period Covered: 10/01/2004 to 09/30/2005

MESSAGE NO: 7037201 DATE: 02 06 2007
CATEGORY: ADA TYPE: LIQ
REFERENCE: 5339203 REFERENCE DATE: 12 05 2005
CASES: A - 122 - 847 - -
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PERIOD COVERED: 10 01 2004 TO 09 30 2005

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCITONS FOR THE RESCISSION OF ADMIN.
REVIEW OF ADD DUTY ORDER OF CERTAIN HARD RED SPRING
WHEAT FROM CANADA - CANADIAN WHEAT BOARD(A-122-847-001)

1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
CERTAIN HARD RED SPRING WHEAT FROM CANADA (A-122-847), COVERING
THE PERIOD 10/01/2004 THROUGH 09/30/2005 HAS BEEN RESCINDED FOR
ALL FIRMS (SEE BELOW). YOU ARE TO ASSESS ANTIDUMPING DUTIES ON
THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION DURING THE PERIOD LISTED BELOW AT THE CASH DEPOSIT
OR BONDING RATE REQUIRED AT THE TIME OF ENTRY.

LIQUIDATE ALL ENTRIES FOR THE FOLLOWING FIRMS:

CANADIAN WHEAT BOARD A-122-847-001

2. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF THE MERCHANDISE FOR THE PERIOD LISTED ABOVE OCCURRED WITH THE
PUBLICATION OF THE NOTICE OF RESCISSION OF THE ADMINISTRATIVE
REVIEW (71 FR 77371) ON 12/26/2006. THE DEPARTMENT OF COMMERCE
HAS REVOKED THE ANTIDUMPING DUTY ORDER AND COUNTERVAILING DUTY
ORDER ON HARD RED SPRING WHEAT FROM CANADA AND PUBLISHED THE
REVOCATION IN THE FEDERAL REGISTER ON 02/16/2006 (71 FR 8275).
THE EFFECTIVE DATE OF THE REVOCATION IS JANUARY 2, 2006. (SEE
CUSTOMS MESSAGE NUMBER 6055202). DO NOT COLLECT CASH DEPOSITS
ON ANY ENTRIES ON OR AFTER JANUARY 2, 2006.

3. THE REVOCATION DOES NOT AFFECT THE REQUIREMENTS OF A CASH
DEPOSIT OR BOND ON ENTRIES SUBJECT TO THE SUSPENSION OF
LIQUIDATION ANNOUNCED ON DECEMBER 5, 2005, (SEE CUSTOMS MESSAGE
NUMBER 5339203) IN THE COMPANION COUNTERVAILING DUTY
ADMINISTRATIVE REVIEW OF CERTAIN HARD RED SPRING WHEAT FROM
CANADA (C-122-848).


4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778
REQUIRES THAT CBP PAYS INTEREST ON OVERPAYMENTS OR ASSESS
INTEREST ON UNDER PAYMENTS, 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 OF PAYMENT OF
ESTIMATED ANTIDUMPING 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. 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 PROVIDE 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
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O1:YB).

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

CATHY SAUCEDA