• Effective Date: Mar 22, 2017
  • Period of Review: Dec 01, 2003 to Nov 30, 2004
  • 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. For all shipments of honey from the People's Republic of China (China) imported by Zhejiang Native Produce & Animal By-Products Import & Export Group Corp., 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Coyle Group, Inc., Evergreen Produce, Inc., Pure Sweet Honey Farm, Inc., and Sunland International Inc. and entered, or withdrawn from warehouse, for consumption during the period 12/01/2003 through 11/30/2004, assess an antidumping liability equal to the applicable rate for the exporter in accordance with the liquidation instructions for that exporter.

3. For all shipments of honey from China that were exported by the firms listed below, and entered, or withdrawn from warehouse, for consumption during the period 12/01/2003 through 11/30/2004, assess an antidumping liability equal to the percentages listed below of the entered value:

Exporter: Zhejiang Native Produce & Animal By-Products Import & Export Group Corp.
Case number: A-570-863-003
Final rate: 169.11%
Entries may also have been made under A-570-863-000 and/or A-570-863-008.
Note to CBP: This company is referred to as Zhejiang Native Produce & Animal By-Products Import & Export Group Corp.in the ACE Case Reference File.

Exporter: Kunshan Foreign Trade Co.
Case number: A-570-863-002
Final rate: 212.39%
Entries may also have been made under A-570-863-000 and/or A-570-863-008.
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: China (Tushu) Super Food Import & Export Corp.
No case number was in place for this company during the period of review. Entries may have been made under A-570-863-000 and/or A-570-863-008.
Final rate: 212.39%

Exporter: High Hope International Group Jiangsu Foodstuffs Import & Export Corp.
Case number: A-570-863-004
Final rate: 212.39%
Entries may also have been made under A-570-863-000 and/or A-570-863-008.

Company: National Honey Packers & Dealers Association (NHPDA)
No case number was in place for this company during the period of review. Entries may have been made under A-570-863-000 and/or A-570-863-008.
Final rate: 212.39%

Exporter: Alfred L. Wolff, Inc.
No case number was in place for this company during the period of review. Entries may have been made under A-570-863-000 and/or A-570-863-008.
Final rate: 212.39%

Exporter: C.M. Goettsche & Co.
No case number was in place for this company during the period of review. Entries may have been made under A-570-863-000 and/or A-570-863-008.
Final rate: 212.39%

Exporter: China Products North America, Inc.
No case number was in place for this company during the period of review. Entries may have been made under A-570-863-000 and/or A-570-863-008.
Final rate: 212.39%

Exporter: D.F. International (USA) Inc.
No case number was in place for this company during the period of review. Entries may have been made under A-570-863-000 and/or A-570-863-008.
Final rate: 212.39%

Exporter: Evergreen Coyle Group Inc.
No case number was in place for this company during the period of review. Entries may have been made under A-570-863-000 and/or A-570-863-008.
Final rate: 212.39%

Exporter: Evergreen Produce Inc.
No case number was in place for this company during the period of review. Entries may have been made under A-570-863-000 and/or A-570-863-008.
Final rate: 212.39%

Exporter: Pure Sweet Honey Farm Inc.
No case number was in place for this company during the period of review. Entries may have been made under A-570-863-000 and/or A-570-863-008.
Final rate: 212.39%

Exporter: Sunland International Inc.
No case number was in place for this company during the period of review. Entries may have been made under A-570-863-000 and/or A-570-863-008.
Final rate: 212.39%

4. These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraphs 2 and 3. 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.

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

6. 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.

7. 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.

8. 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)

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

Alexander Amdur