MESSAGE NO: 3233203 DATE: 08 21 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 560 - 802 - -
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PERIOD COVERED: 02 01 2002 TO 01 31 2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NON-REVIEW AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
CERTAIN PRESERVED MUSHROOMS FROM INDONESIA
(A-560-802)


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

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR
AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER FOR THE
PERIOD AND ON THE MERCHANDISE LISTED BELOW. THEREFORE, IN
ACCORDANCE WITH SECTION 351.212(c) OF THE COMMERCE DEPARTMENT
REGULATIONS,YOU ARE TO ASSESS ANTIDUMPING DUTIES ON ALL
MERCHANDISE ENTERED,OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
AT THE CASH DEPOSITOR BONDING RATE IN EFFECT ON THE DATE OF
ENTRY TO WHICH THEFOLLOWING INFORMATION APPLIES:

CERTAIN PRESERVED MUSHROOMS PERIOD
FROM INDONESIA (A-560-802)
2/1/02--1/31/03

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

EKA TIMUR RAYA (ETIRA)
P.T. KARYA KOMPOS BAGAS (KKB)

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PRODUCED BY THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM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

4. 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 SUBSEQUENT
ENTRIES OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE BUREAU OF
CUSTOMS AND BORDER PROTECTION (CUSTOMS) SERVICE ON SHIPMENTS OR
ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT
CUSTOMSPAY INTEREST ON OVERPAYMENTS OR ASSESS INTEREST ON
UNDERPAYMENTS,OFTHE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
ANTIDUMPING DUTIES.THE INTEREST PROVISIONS ARE NOT APPLICABLE TO
CASH OR BONDS POSTEDAS ESTIMATED ANTIDUMPING DUTIES BEFORE THE
DATE OF PUBLICATION OFTHE ANTIDUMPING DUTY ORDER. INTEREST
SHALL BE CALCULATED FROM THEDATE OF PAYMENT OF ESTIMATED
ANTIDUMPING DUTIES THROUGH THE DATE OF LIQUIDATION. THE RATE AT
WHICH SUCH INTEREST IS PAYABLE IS THE RATEIN EFFECT UNDER
SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954FOR SUCH
PERIOD.

6. 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 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 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.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THE IMPORTING PUBLIC, OR INTERESTED PARTIES PLEASE
CONTACT SOPHIE CASTRO OF THE OFFICE OF AD/CVD ENFORCEMENT GROUP
I, OFFICE 2, IMPORT ADMINISTRATION, DEPARTMENT OF COMMERCE, AT
(202) 482-0588,OR AT "SOPHIE__CASTRO AT ITA.DOC.GOV".

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

CATHY SAUCEDA