MESSAGE NO: 0202208 DATE: 07 20 2000
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 533 - 813 - -
- - - -
- - - -

PERIOD COVERED: 08 05 1998 TO 01 31 2000

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: LIQ. INSTRUCTIONS FOR CERTAIN PRESERVED MUSHROOMS
FROM INDIA (A-533-813)


1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY
ORDER ON CERTAIN PRESERVED MUSHROOMS FROM INDIA (A-533-813),
COVERING THE PERIOD AUGUST 5, 1998, THROUGH JANUARY 31, 2000,
HAS BEEN PARTIALLY TERMINATED. THIS NOTICE OF TERMINATION
IN PART WAS PUBLISHED IN THE FEDERAL REGISTER ON JULY 18, 2000.
YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD
LISTED BELOW FOR THE CASH DEPOSIT OR BONDING RATE REQUIRED AT THE
TIME OF ENTRY.

CERTAIN PRESERVED MUSHROOMS FROM INDIA PERIOD
A-533-813

LIQUIDATE ALL ENTRIES FOR THE FIRMS
LISTED BELOW: 8/5/98 TO-01/31/00

ALPINE BIOTECH, LTD.
DINESH AGRO PRODUCTS, LTD.
FLEX FOODS, LTD.
MANDEEP MUSHROOMS, LTD.
PREMIER MUSHROOM FARMS
SAPTARISHI AGRO INDUSTRIES, LTD.
TRANSCHEM, LTD.


2. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE
AT THE CURRENT RATES.

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 OR
ASSESES 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. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS 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
HAS BEEN REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE
THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-
REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER FAILS
TO RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR 29) FOR THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD
PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.

5. 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 DAVID J. GOLDBERGER OR
DANIEL MANZONI OF AD/CVD ENFORCEMENT OF IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE, AT
(202) 482-4136 OR (202) 482-1121, RESPECTIVELY.

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

PAUL SCHWARTZ