MESSAGE NO: 5080113 DATE: 03 21 1995
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 614 - 801 - -
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PERIOD COVERED: 11 27 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: LIQUIDATION INSTRUCTIONS FOR FRESH KIWIFRUIT FROM
NEW ZEALAND (A-614-801)
NEW ZEALAND KIWIFRUIT MARKETING BOARD (NZKMB)

1. THE DEPARTMENT OF COMMERCE HAS COMPLETED ITS ANNUAL
ADMINISTRATIVE REVIEW AND PUBLISHED THE AMENDED FINAL RESULTS
IN THE FEDERAL REGISTER ON 12/19/94 (59 FR 65319). FOR ALL
SHIPMENTS OF FRESH KIWIFRUIT FROM NEW ZEALAND PRODUCED BY THE
NEW ZEALAND KIWIFRUIT MARKETING BOARD (NZKMB), ENTGERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
11/27/91 THROUGH 05/31/93, ASSESS AN ANTIDUMPING LIABILITY OF
8.37 PERCENT OF THE ENTERED VALUE.

2. 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 ANTIDUMING DUTIES FOR THE MERCHANDISE AT
THE CURRENT RATES.

3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE ON
ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISION OF
SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIIRES
THAT CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST
ON UNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE
TO BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES PRIOR TO THE
DATE OF 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. UPON ASSESSMENT OF ANTIDDUMPING DUTIES, CUSTOMS SHOULD
REQUIRETHAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS
DESCRIBED IN SECTIN 353.26 OF THE COMMERCE DEPARTMENT
REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER
HAS BEEN REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE
THE ANTIDUMPING DUTIES IN ACCORDDANCE 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.

5. YOU MAY RELEASE APPRAISED VALUES TO INDIVIDUAL IMPORTER
CONCERNED OR HIS REPRESENTATIVE. YOU MAY NOT RELEASE ANY
DETAILS OF THE CALCULATIONS OF APPRAISED VALUES WITHOUT
AUTHORIZATION OF THE CUSTOMS SERVICE HEADQUARTERS.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD BE FORWARED VIA E-MAIL THROUGH THE
APPROPRIATE SUPERVISORY CHANNELS, THE TEDHNICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY USING THE ATTRIBUTE "HQ OAB."
THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD
CONTACT ANN NGO ON (202) 482-5346, OFFICE OF ANTIDUMPING
COMPLIANCE, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF
COMMERCE.

7. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS TELEX.


NANCY MCTIERNAN