• Effective Date: Mar 22, 2017
  • Period of Review: May 11, 2001 to Nov 30, 2002
  • Notice of Lifting of Suspension Date: Dec 17, 2018

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 4 below.

1. On 03/22/2017, the U.S. Court of International Trade (CIT) issued a final decision in the case of Zhejiang Native Produce & Animal By-Products Import & Export Corp., et. al., (Court No. 02-00064). As a result of this decision, the temporary restraining order to which message 5041302 (dated 02/10/2015) refers, and the preliminary injunction, to which message 5128303 (dated 05/08/2015) refers, dissolved on 03/22/2017. (See informational message 8173301, dated 06/22/2018).

2. Liquidation

2a. For all shipments of honey from the People's Republic of China (China) imported by Kunshan Foreign Trade Co., China (Tushu) Super Food Import & Export Corp., High Hope International Group Jiangsu Foodstuffs Import & Export Corp., National Honey Packers & Dealers Association (NHPDA), Alfred L. Wolff, Inc., C.M. Goettsche & Co., China Products North America, Inc., D.F. International (USA) Inc., Evergreen Coyle Group, Inc., Evergreen Produce, Inc., Pure Sweet Honey Farm, Inc., and Sunland International Inc. and entered, or withdrawn from warehouse, for consumption, during the period 05/11/2001 through 11/30/2002, assess an antidumping liability equal to the applicable rate for the exporter in accordance with the liquidation instructions for that exporter. Such instructions may be contained in paragraphs 2b-2d below or in separate messages.

2b. Liquidation during the CAP Period: 05/11/2001 through 11/05/2001
For all shipments of honey from China that were exported by the firms listed below, and entered, or withdrawn from warehouse, for consumption, during the period 05/11/2001 through 11/05/2001, assess an antidumping liability equal to the lesser of (a) 183.80 percent of the entered value or (b) the cash deposit or bond collected at the time of entry:

Exporter: Kunshan Foreign Trade Co.
Case number: A-570-863-000; Entries may also have been made under A-570-863-002
Note to CBP: This company was referred to as “Kunshan Foreign Trade Company”, in message 7279301, and “Kunshan Foreign Trade Co., Ltd.”, in message 1353202 and in the Amended Final Determination.

Exporter: High Hope International Group Jiangsu Foodstuffs Import & Export Corp.
Case number: A-570-863-000; Entries may also have been made under A-570-863-004

No case number was in place for the companies listed below during the period of review. Entries may have been made under A-570-863-000 or other company-specific case numbers.
Exporter: China (Tushu) Super Food Import & Export Corp.
Exporter: National Honey Packers & Dealers Association (NHPDA)
Exporter: Alfred L. Wolff, Inc.
Exporter: C.M. Goettsche & Co.
Exporter: China Products North America, Inc.
Exporter: D.F. International (USA) Inc.
Exporter: Evergreen Coyle Group Inc.
Exporter: Evergreen Produce Inc.
Exporter: Pure Sweet Honey Farm Inc.
Exporter: Sunland International Inc.

2c. Liquidation during the GAP Period: 11/06/2001 through 11/25/2001:
Shipments from all exporters except Zhejiang Native Produce & Animal By-Products Import & Export Corp., (see paragraph 4 below), entered, or withdrawn from warehouse, for consumption, during the period 11/06/2001 through 11/25/2001 should be liquidated without regard to duties. Refund all cash deposits and release all bonds.

2d. Liquidation during the period 11/26/2001 through 11/30/2002:
For all shipments of honey from China that were exported by the firms listed below, and entered, or withdrawn from warehouse, for consumption, during the period 11/26/2001 through 11/30/2002, assess an antidumping liability equal to 183.80 percent of the entered value:

Exporter: Kunshan Foreign Trade Co.
Case number: A-570-863-000; Entries may also have been made under A-570-863-002
Note to CBP: This company was referred to as “Kunshan Foreign Trade Company”, in message 7279301, and “Kunshan Foreign Trade Co., Ltd.”, in message 1353202 and in the Amended Final Determination.

Exporter: High Hope International Group Jiangsu Foodstuffs Import & Export Corp.
Case number: A-570-863-000; Entries may also have been made under A-570-863-004

No case number was in place for the companies listed below during the period of review. Entries may have been made under A-570-863-000 or other company-specific case numbers.
Exporter: China (Tushu) Super Food Import & Export Corp.
Exporter: National Honey Packers & Dealers Association (NHPDA)
Exporter: Alfred L. Wolff, Inc.
Exporter: C.M. Goettsche & Co.
Exporter: China Products North America, Inc.
Exporter: D.F. International (USA) Inc.
Exporter: Evergreen Coyle Group Inc.
Exporter: Evergreen Produce Inc.
Exporter: Pure Sweet Honey Farm Inc.
Exporter: Sunland International Inc.

3. These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraphs 2a, 2b, 2c and 2d. Accordingly, notice of the lifting of suspension occurred on the message date of these instructions. Unless instructed otherwise, for all other shipments of honey from China you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

4. The injunction with court number 04-00268 discussed in message number 4211201, dated 07/29/2004, is applicable to the entries exported by Zhejiang Native Produce & Animal By-Products Import & Export Corp. during the periods 05/11/2001 through 11/06/2001 and 11/26/2001 through 11/30/2002. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.

5. 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.

6. 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.

7. 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 OV: CMB)

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

Alexander Amdur