MESSAGE NO: 4179111 DATE: 06 28 1994
CATEGORY: ADA TYPE: ADM
REFERENCE: REFERENCE DATE:
CASES: A - 122 - 401 - -
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PERIOD COVERED: 06 01 1991 TO 05 31 1993

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: FINAL RESULTS OF ANTIDUMPING ADMINISTRATIVE REVIEW,
LIQUIDATION FOR CLEARBROOK PACKERS & VALLEY BERRIES
REVOCATION OF CLEARBROOK PACKERS (A-122-401)


1. THE DEPARTMENT OF COMMERCE HAS COMPLETED ITS ADMINISTRATIVE
REVIEW OF THE ANTIDUMPING DUTY ORDER ON CERTAIN RED
RASPBERRIES FROM CANADA (A-122-401) FOR THE JUNE 1, 1991
THROUGH MAY 31, 1992 PERIOD AND PUBLISHED THE FINAL RESULTS
IN THE FEDERAL REGISTER ON MARCH 23, 1994 (59 FR 13703). THE
MARGINS FOR THE REVIEWED COMPANIES, CLEARBROOK PACKERS AND
VALLEY BERRIES, WERE FOUND TO BE ZERO FOR THIS PERIOD.

2. IMPORTS COVERED BY THE REVIEW ARE SHIPMENTS OF FRESH AND
FROZEN RED RASPBERRIES PACKED IN BULK CONTAINERS AND SUITABLE
FOR FURTHER PROCESSING. DURING THE REVIEW PERIOD, SUCH
MERCHANDISE WAS CLASSIFIABLE UNDER HARMONIZED TARIFF SCHEDULE
ITEM NUMBERS 0810.20.90, 0810.20.10 AND 0811.20.20.

3. ACCORDINGLY, FOR SHIPMENTS OF CERTAIN RED RASPBERRIES FROM
CANADA ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
ON OR AFTER MARCH 23, 1994, YOU SHALL COLLECT NO CASH
DEPOSITS FOR CLEARBROOK PACKERS (A-122-401-005) AND VALLEY
BERRIES (A-122-401-012). THE CASH DEPOSIT RATE FOR OTHER
PREVIOUSLY REVIEWED OR INVESTIGATED PRODUCERS/EXPORTERS IS
THEIR RATE PROVIDED IN THE AD/CVD MODULE. FOR ALL OTHER
PRODUCER/EXPORTERS, THE CASH DEPOSIT RATE IS 2.41 PERCENT.

4. THESE CASH DEPOSIT REQUIREMENTS WILL REMAIN IN EFFECT UNTIL
PUBLICATION OF THE FINAL RESULTS OF THE NEXT ADMINISTRATIVE
REVIEW.

5. FURTHERMORE, ALL SHIPMENTS OF THIS MERCHANDISE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FROM JUNE 1, 1991 THROUGH MAY 31,
1992 WHICH WERE PROCESSED BY CLEARBROOK PACKERS OR VALLEY
BERRIES, ARE FREE OF DUMPING LIABILITY. YOU MAY APPRAISE
THESE SHIPMENTS AND LIQUIDATE THE APPLICABLE ENTRIES BY
STAMPING EACH INVOICE WITH THE WORDING "NO DUMPING DUTIES
DUE."

6. THE DEPARTMENT OF COMMERCE TERMINATED THE ADMINISTRATIVE
REVIEW OF CLEARBROOK PACKERS (A-122-401-005) AND VALLEY
BERRIES (A-122-401-012) FOR THE PERIOD JUNE 1, 1992 THROUGH
MAY 31, 1993 (58 FR 58840; NOVEMBER 3, 1993). THEREFORE, IN
ACCORDANCE WITH SECTION 353.22(G) OF THE COMMERCE
REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES AT RATES
EQUAL TO THE CASH DEPOSIT OF ESTIMATED ANTIDUMPING DUTIES
REQUIRED AT THE TIME OF ENTRY ON THE SPECIFIED SUBJECT
MERCHANDISE FROM CLEARBROOK PACKERS AND VALLEY BERRIES WHICH
WAS ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION,
BETWEEN JUNE 1, 1992 AND MAY 31, 1993.

7. THE PROVISION OF SECTION 778 OF THE TARIFF ACT REQUIRES
INTEREST BE PAID ON OVERPAYMENTS OR UNDERPAYMENTS OF THE
AMOUNTS DEPOSITED AS ESTIMATED DUMPING DUTIES. SUCH INTEREST
IS PAYABLE AT THE RATE IN EFFECT UNDER SECTION 6621 OF THE
INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD. THE INTEREST
SHALL BE CALCULATED AT THAT RATE FROM THE DATE OF PAYMENT OF
ESTIMATED DUTIES THROUGH THE DATE OF LIQUIDATION.

8. EFFECTIVE AS OF THE DATE OF ISSUANCE OF THESE INSTRUCTIONS,
YOU SHOULD NO LONGER SUSPEND LIQUIDATION OF ENTRIES COVERED
BY THIS PERIOD (JUNE 1, 1991 THROUGH MAY 31, 1993) FOR
CLEARBROOK PACKERS AND VALLEY BERRIES AND YOU SHOULD PROCEED
WITH LIQUIDATION ACCORDINGLY.

9. BECAUSE CLEARBROOK PACKERS WAS REVOKED FROM THIS ANTIDUMPING
DUTY ORDER IN THE FINAL RESULTS OF THIS REVIEW, ALL IMPORTS
FROM CLEARBROOK PACKERS MADE AFTER THE CLOSE OF THE REVIEW
PERIOD, MAY 31, 1992, SHOULD BE LIQUIDATED WITHOUT REGARD TO
ANTIDUMPING DUTIES. IN ADDITION, EFFECTIVE MARCH 23, 1994,
THE DATE OF PUBLICATION OF THIS DECISION, ENTRIES FROM
CLEARBROOK PACKERS SHOULD NO LONGER BE SUSPENDED FROM
LIQUIDATION AT THE TIME OF ENTRY.

10. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE REGIONAL
ANTIDUMPING/COUNTERVAILING DUTY COORDINATIOR, THE TRADE
COMPLIANCE DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH
USING ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT THE OFFICE OF
COUNTERVAILING COMPLIANCE, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE
(202) 482-2786.

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


NANCY MCTIERNAN