MESSAGE NO: 3065205 DATE: 03 06 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 549 - 813 - -
- - - -
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PERIOD COVERED: 01 11 1995 TO 06 30 1996

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTION FOR CANNED PINEAPPLE FRUIT
FROM THAILAND (A-549-813)


1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY FINDINGS/ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION
351.213 (b) OF THE COMMERCE REGULATIONS.

2. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY FINDING/ORDER FOR
THE PERIOD AND ON THE MERCHANDISE LISTED BELOW, EXCEPT FOR THE
FIRMS NOTED. THEREFORE, IN ACCORDANCE WITH SECTION 351.212 (c)
OF THE COMMERCE DEPARTMENT REGULATIONS, YOU ARE TO ASSESS
ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN
EFFECT ON THE DATE OF ENTRY ON ALL FIRMS EXCEPT FOR THOSE FIRMS
LISTED BELOW FOR WHICH ALTERNATIVE TREATMENT IS SPECIFIED.


CANNED PINEAPPLE FRUIT FROM THAILAND PERIOD
A-549-813 01/11/1995-06/30/1996

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

(1) SIAM FOOD PRODUCTS PUBLIC COMPANY LTD. (SFP)
(2) THE THAI PINEAPPLE PUBLIC COMPANY, LTD. (TIPCO)
(3) THAI PINEAPPLE CANNING INDUSTRY CORP., LTD. (TPC)
(4) DOLE FOOD COMPANY INC. (DOLE)

3. ANY OUTSTANDING ENTRIES FOR SFP, TIPCO AND TPC SHOULD BE
LIQUIDATED AS PER THE PREVIOUSLY ISSUED E-MAIL MESSAGES, LISTED
BY NUMBER BELOW:

(1) FOR SFP: # 8128113 DATED 5/8/98; # 8174114 DATED 6/23/98;
#9336204 DATED 12/2/99; # 0074206 DATED 3/14/00
(2) FOR TIPCO: # 9336205 DATED 12/2/99; # 0083208 DATED 3/23/00
(3) FOR TPC: # 3017203, #3017205 AND #3017207 DATED 1/17/2003;
#3023201 DATED 1/23/03

4. ENTRIES FOR DOLE SHOULD NOT BE LIQUIDATED UNTIL YOU RECEIVE
SPECIFIC INSTRUCTIONS. CONTINUE TO SUSPEND LIQUIDATION OF ALL
ENTRIES OF MERCHANDISE EXPORTED OR PRODUCED BY DOLE AND ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THIS PERIOD.

5. VITA FOOD FACTORY (1989) CO., LTD.(VITA) AND THAI BONANZA
INTERNATIONAL CORP., LTD. (THAI BONANZA) WOULD HAVE INITIALLY
BEEN EXCEPTED FROM AUTOMATIC LIQUIDATION INSTRUCTIONS FOR THIS
ADMINISTRATIVE REVIEW PERIOD WERE SUBSEQUENTLY WITHDRAWN FROM
CONSIDERATION IN THIS REVIEW. LIQUIDATION INSTRUCTIONS FOR THE
APPLICABLE PERIOD WERE NOT ISSUED FOR THESE FIRMS AT THE END OF
THE ADMINISTRATIVE REVIEW. BASED ON THE FACT THAT THESE FIRMS
WERE WITHDRAWN FROM CONSIDERATION IN THE ADMINISTRATIVE REVIEW
PRIOR TO THE DEPARTMENT'S REGULATORY DEADLINE, ALL SHIPMENTS OF
CANNED PINEAPPLE FRUIT FROM THAILAND FOR VITA AND THAI BONANZA,
ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE
PERIOD 1/11/1995 TO 6/30/1996 SHOULD BE LIQUIDATED AS ENTERED.

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

6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON SHIPMENTS OR 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 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.

7. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT 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 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.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIASIONS, USING
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT SHEILA FORBES OR MARIN WEAVER ON (202) 482-4697 OR
482-2336, AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

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

CATHY SAUCEDA