MESSAGE NO: 3024202
DATE: 01 24 2003
CATEGORY: ADA
TYPE: REV
REFERENCE:
REFERENCE DATE:
CASES:
A - 549 - 813
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PERIOD COVERED:
07 01 2001
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: REVOCATION OF DUMPING ORDER ON PINEAPPLE FROM THAILAND
(A-549-813)
1. THE DEPARTMENT OF COMMERCE HAS REVOKED THE ANTIDUMPING DUTY
ORDER ON CANNED PINEAPPLE FRUIT FROM THAILAND IN PART AND
PUBLISHED THE REVOCATION IN THE FEDERAL REGISTER ON 12/13/2002.
THE PARTIAL REVOCATION APPLIES TO ALL SUBJECT MERCHANDISE
MANUFACTURED BY SIAM FOOD PRODUCTS PUBLIC CO. LTD. (SFP) AND THE
EFFECTIVE DATE OF THE REVOCATION IS 07/01/2001.
2. THEREFORE, CUSTOMS IS DIRECTED TO TERMINATE THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF CANNED PINEAPPLE FRUIT
MANUFACTURED BY SFP ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER 07/01/2001. ALL ENTRIES OF THE SUBJECT
PRODUCT MANUFACTURED BY SFP THAT WERE SUSPENDED ON OR AFTER
07/01/2001 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 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." THE IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT DAVE LAYTON AT 202-482-0371, AD/CVD ENFORCEMENT,
OFFICE 5, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.
5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA