• Period Covered: 12/01/2004 to 11/30/2005

MESSAGE NO: 7212202 DATE: 07 31 2007
CATEGORY: ADA TYPE: LIQ
REFERENCE: 3078201 REFERENCE DATE: 03 19 2003
CASES: A - 570 - 863 - -
- - - -
- - - -

PERIOD COVERED: 12 01 2004 TO 11 30 2005

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR HONEY FROM CHINA
(A-570-863-000/A-570-863-008) PRC WIDE ENTITY


1. FOR ALL SHIPMENTS OF HONEY FROM THE PEOPLE'S REPUBLIC OF
CHINA, EXPORTED BY COMPANIES THAT DID NOT RECEIVE A SEPARATE
RATE CALCULATION AND ARE SUBJECT TO THE PRC-WIDE RATE, LISTED
BELOW, ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION
DURING THE PERIOD DECEMBER 1, 2004 THROUGH NOVEMBER 30, 2005,
ASSESS AN ANTIDUMPING LIABILITY AT THE PERCENTAGE OF THE ENTERED
VALUE SHOWN BELOW, EXCEPT IF PARAGRAPH 2 IS APPLICABLE:

EXPORTER CASE NUMBER RATE

PRC WIDE ENTITY A-570-863-000 & A-570-863-008 221.02%

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.
MESSAGE NUMBER 3078201 , SENT MARCH 19, 2003, NOTIFIED THE U.S.
CUSTOMS AND BORDER PROTECTION (CBP) OF THIS INJUNCTION
COVERING THE ANTIDUMPING DUTY ORDER AND INSTRUCTED THE CBP NOT
TO LIQUIDATE CERTAIN IMPORTED ENTRIES. ACCORDINGLY, UNTIL
FURTHER NOTICE, DO NOT LIQUIDATE SUCH ENTRIES OF SUBJECT
MERCHANDISE EXPORTED BY THE ENTITIES DESCRIBED ABOVE IN
PARAGRAPH 1 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.
D.F. INTERNATIONAL (USA) INC.
EVERGREEN COYLE GROUP, INC.
EVERGREEN PRODUCE, INC.

3. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF SUBJECT MERCHANDISE DURING THE PERIOD DECEMBER 1, 2004
THROUGH NOVEMBER 30, 2005, OCCURRED WITH THE PUBLICATION OF THE
FINAL RESULTS OF ADMINISTRATIVE REVIEW (72 FR 37715, PUBLISHED
ON 07/11/2007) AND THE PUBLICATION OF THE FINAL RESULTS AND
RESCISSION, IN PART, OF NEW SHIPPER REVIEWS (72 FR 37713,
PUBLISHED 07/11/2007). 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 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 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
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O9:PE).

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

CATHY SAUCEDA