MESSAGE NO: 9021113 DATE: 01 21 1999
CATEGORY: ADA TYPE: REV
REFERENCE: REFERENCE DATE:
CASES: A - 301 - 602 - -
- - - -
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PERIOD COVERED: 03 31 1994 TO

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: REVOCATION OF ANTIDUMPING DUTY ORDER WITH RESPECT TO
FLORES EL TALLE S.A. IN THE ADMINISTRATIVE REVIEW OF
FLOWERS FROM COLOMBIA (A-301-602-627)

1. ON JUNE 25, 1998, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER THE FINAL RESULTS OF ITS ANTIDUMPING
DUTY CHANGED CIRCUMSTANCES REVIEW ON FRESH CUT FLOWERS FROM
COLOMBIA. IN THAT REVIEW, THE DEPARTMENT DETERMINED THAT
FLORES EL TALLE S.A. AND THE FLORES COLOMBIANAS GROUP SHOULD
BE TREATED AS A SINGLE ENTITY IN THE PRODUCTION AND SALE OF
THE SUBJECT MERCHANDISE. THE DEPARTMENT OF COMMERCE REVOKED
THIS ANTIDUMPING DUTY ORDER WITH RESPECT TO THE FLORES
COLOMBIANAS GROUP AND PUBLISHED THE REVOCATION IN THE
FEDERAL REGISTER ON MARCH 31, 1994 (CUSTOMS EMAIL MESSAGE
NO. 4241116). BECAUSE WE NOW CONSIDER THEM TO BE A SINGLE
ENTITY, THE REVOCATION OF THE ANTIDUMPING DUTY ORDER WITH
RESPECT TO THE FLORES COLOMBIANAS GROUP EXTENDS TO FLORES EL
TALLE.

2. THEREFORE, CUSTOMS IS DIRECTED TO TERMINATE THE SUSPENSION
OF LIQUIDATION FOR ALL SHIPMENTS OF FLOWERS PRODUCED OR
EXPORTED BY FLORES EL TALLE, AND ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER MARCH 31, 1994. ALL
ENTRIES OF THE SUBJECT PRODUCT THAT WERE SUSPENDED PRIOR TO
THE DATE OF REVOCATION SHOULD BE LIQUIDATED WITHOUT REGARD
TO ANTIDUMPING DUTIES (I.E., RELEASE ALL BONDS AND REFUND
ALL CASH DEPOSITS).

3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS
OF SECTION 778 OF THE TARIFF ACT 1930. SECTION 778 REQUIRES
THAT CUSTOMS PAYS 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 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.

4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING
THE ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND INTERESTED
PARTIES SHOULD CONTACT STEPHANIE HOFFMAN AT 202-482-4198,
AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

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

PAUL SCHWARTZ