MESSAGE NO: 6256112
DATE: 09 12 1996
CATEGORY: ADA
TYPE: REV
REFERENCE:
REFERENCE DATE:
CASES:
A - 427 - 078
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PERIOD COVERED:
06 04 1994
TO
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, TECHNICAL PROGRAMS
RE: PARTIAL REVOCATION OF ANTIDUMPING DUTY FINDING ON SUGAR
FROM FRANCE (A-427-078)
1.
AS A RESULT OF A NOTIFICATION FROM THE PETITIONER, THE
FLORIDA SUGAR MARKETING & TERMINAL ASSOCIATION, INC.,
THAT IT IS NO LONGER INTERESTED IN THE ANTIDUMPING DUTY
FINDING ON SUGAR FROM FRANCE WITH RESPECT TO
HOMEOPATHIC SUGAR PELLETS, THE DEPARTMENT OF COMMERCE
HAS PARTIALLY REVOKED THIS ANTIDUMPING DUTY FINDING AND
PUBLISHED NOTICE OF FINAL RESULTS OF CHANGED
CIRCUMSTANCES ANTIDUMPING DUTY ADMINISTRATIVE REVIEW,
AND REVOCATION IN PART OF ANTIDUMPING DUTY FINDING IN
THE FEDERAL REGISTER (61 FR 40609; AUGUST 5, 1996).
THIS PARTIAL REVOCATION COVERS ALL HOMEOPATHIC SUGAR
PELLETS FROM FRANCE MEETING THE FOLLOWING CRITERIA: (1)
COMPOSED OF 85 PERCENT SUCROSE AND 15 PERCENT LACTOSE;
(2) HAVE A POLISHED, MATTE APPEARANCE, AND MORE
UNIFORMLY POROUS THAN DOMESTIC SUGAR CUBES; (3)
PRODUCED IN TWO SIZES OF 2MM AND 3.8 MM IN DIAMETER.
2.
THEREFORE, CUSTOMS IS DIRECTED TO TERMINATE THE
SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF
HOMEOPATHIC SUGAR PELLETS FROM FRANCE ENTERED, OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER
JUNE 1, 1994, FOR ANTIDUMPING DUTIES AND TO LIQUIDATE
SUSPENDED ENTRY SUMMARIES WITHOUT REGARD TO ANTIDUMPING
DUTIES.
THE ANTIDUMPING DUTY FINDING WITH REGARD TO
ENTRIES OF OTHER SUGAR PRODUCTS IS NOT AFFECTED BY
THESE LIQUIDATION INSTRUCTIONS AND LIQUIDATION OF THESE
OTHER ENTRIES SHOULD REMAIN SUSPENDED.
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 PAY INTEREST ON OVERPAYMENTS,
OR ASSESS INTEREST ON UNDERPAYMENTS, OF THESE 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,
TECHNICAL PROGRAMS, ANTIDUMPING/COUNTERVAILING DUTY,
USING THE ATTRIBUTE "HQ OAB."
THE IMPORTING PUBLIC AND
INTERESTED PARTIES SHOULD CONTACT MATTHEW BLASKOVICH OR
ZEV PRIMOR, OFFICE OF AD/CVD ENFORCEMENT ON 202-482-
5831/4114, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE.
5.
THIS E-MAIL CONTAINS NO PROPRIETARY INFORMATION.
THERE
ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN