MESSAGE NO: 3016205 DATE: 01 16 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 560 - 802 - -
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PERIOD COVERED: 02 01 2001 TO 01 31 2002

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION OF MUSHROOMS FROM INDONESIA PRODUCED BY PT
DIENG DJAYA AND PT SURYA JAYA ABADI PERKASA (A-560-802)



1. ON JANUARY 9, 2003, THE DEPARTMENT PUBLISHED IN THE FEDERAL
REGISTER A NOTICE OF PARTIAL RESCISSION OF ANTIDUMPING DUTY
ADMINISTRATIVE REVIEW WITH RESPECT TO PT DIENG DJAYA AND PT SURYA
JAYA ABADI PERKASA (68 FR 1177).

2. FOR ALL SHIPMENTS OF CERTAIN PRESERVED MUSHROOMS FROM
INDONESIA, ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION
DURING THE PERIOD 02/01/2001 THROUGH 01/31/2002, ASSESS AN
ANTIDUMPING LIABILITY
FOR THE MERCHANDISE AT THE CASH DEPOSIT RATE OR BONDING RATE
REQUIRED AT THE TIME OF ENTRY.

3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES 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.

4. 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 PAY 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 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.

5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
AS DESCRIBED IN SECTION 351.402 OF THE COMMERCE DEPARTMENT
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 EXPORTER TO BE
REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE THE
ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED
REGULATION. ADDITIONALLY, IF THE IMPORTER DOES NOT 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.

6. 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" THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT REBECCA TRAINOR OR SOPHIE CASTRO, AT
202-482-4007 OR 202-482-0588, AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARMENT OF
COMMERCE.

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


CATHY SAUCEDA