MESSAGE NO: 9265111 DATE: 09 22 1999
CATEGORY: ADA TYPE: REV
REFERENCE: REFERENCE DATE:
CASES: A - 614 - 801 - -
- - - -
- - - -

PERIOD COVERED: 06 01 1997 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: REVOCATION OF ANTIDUMPING DUTY ORDER ON FRESH KIWIFRUIT
FROM NEW ZEALAND (A-614-801)


1. AS A RESULT OF A NOTIFICATION FROM THE PETITIONER, THE
CALIFORNIA KIWIFRUIT COMMISSION, THAT IT IS NO LONGER
INTERESTED IN THE ANTIDUMPING DUTY ORDER ON FRESH
KIWIFRUIT FROM NEW ZEALAND, THE DEPARTMENT OF
COMMERCE HAS REVOKED THIS ANTIDUMPING DUTY ORDER AND
PUBLISHED THE REVOCATION IN THE FEDERAL REGISTER ON
SEPTEMBER 17, 1999.

2. THEREFORE, CUSTOMS IS DIRECTED TO TERMINATE THE SUSPENSION
OF LIQUIDATION FOR ALL SHIPMENTS OF FRESH KIWIFRUIT FROM
NEW ZEALAND ENTERED, ORWITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER JUNE 1, 1997. ALL ENTRIES OF THE
SUBJECT PRODUCT THAT WERE SUSPENDED ON OR AFTER
JUNE 1, 1997, 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 OF 1930. SECTION 778
REQUIRES THAT CUSTOMS PAYS INTEREST ON OVERPAYMENTS AND
ASSESS INTEREST ON UNDERPAYMENTS OF THE REQUIRED AMOUNTS
DEPOSITEDAS ESTIMATED ANTIDUMPING DUTIES. THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS
ESTIMATED ANTIDUMPING DUTIESBEFORE THE DATE OF PUBLICATION
OF THE ANTIDUMPING DUTY ORDER. INTEREST SHALL BE CALCULATED
FROM THE DATE OF PAYMENT OF ESTIMATEDANTIDUMPING DUTIES
THROUGH THE DATE OF LIQUIDATION. THE RATE AT WHICH SUCH
INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER SECTION6621
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 JOHN MALONEY
AT 202-482-1503, AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

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

PAUL SCHWARTZ