MESSAGE NO: 6260111 DATE: 09 16 1996
CATEGORY: CVD TYPE: REV
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 404 - -
- - - -
- - - -

PERIOD COVERED: 04 01 1991 TO

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: PARTIAL REVOCATION OF COUNTERVAILING DUTY ORDER ON LIVE
SWINE FROM CANADA (C-122-404)


1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
OF AUGUST 29, 1996 (61 FR 45402), THE FINAL RESULTS OF ITS
CHANGED CIRCUMSTANCES REVIEW AND PARTIAL REVOCATION OF THE
COUNTERVAILING DUTY ORDER ON LIVE SWINE FROM CANADA
(C-122-404). IN THESE FINAL RESULTS, THE DEPARTMENT ANNOUNCED THE
PARTIAL REVOCATION OF THIS ORDER AFFECTING ALL ENTRIES OF
SLAUGHTER SOWS AND BOARS (C-122-404-001) AND WEANLINGS
EFFECTIVE APRIL 1, 1991.

2. DUE TO THE CHANGED CIRCUMSTANCES REVIEW, THE MERCHANDISE NOW
COVERED BY THIS ORDER IS LIVE SWINE, EXCEPT U.S. DEPARTMENT
OF AGRICULTURE CERTIFIED PUREBRED BREEDING SWINE, SLAUGHTER
SOWS AND BOARS, AND WEANLINGS (WEANLINGS ARE SWINE WEIGHING
UP TO 27 KILOGRAMS OR 59.5 POUNDS) FROM CANADA. COVERED
MERCHANDISE IS CLASSIFIABLE UNDER THE HARMONIZED TARIFF
SCHEDULE (HTS) ITEM NUMBERS 0103.91.00 AND 0103.92.00. THE
HTS ITEM NUMBERS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS
PURPOSES. THE WRITTEN DESCRIPTION REMAINS DISPOSITIVE.

3. THEREFORE, CUSTOMS IS DIRECTED TO LIQUIDATE WITHOUT REGARD
TO COUNTERVAILING DUTIES SUSPENDED ENTRY SUMMARIES ONLY FOR
SHIPMENTS OF SLAUGHTER SOWS AND BOARS AND WEANLINGS FROM
CANADA ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
ON OR AFTER APRIL 1, 1991. THESE LIQUIDATION INSTRUCTIONS
DO NOT AFFECT THE MERCHANDISE COVERED BY THE ORDER AS
DESCRIBED IN PARAGRAPH 2.

4. THE ASSESSMENT OF COUNTERVAILING 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 THE
REQUIRED AMOUNTS DEPOSITED AS ESTIMATED COUNTERVAILING
DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR
BONDS POSTED AS ESTIMATED COUNTERVAILING DUTIES BEFORE THE
DATE OF PUBLICATION OF THE COUNTERVAILING DUTY ORDER.
INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF
ESTIMATED COUNTERVAILING 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.

5. THE SUSPENSION OF LIQUIDATION ORDERED FOR SLAUGHTER SOWS AND
BOARS, AND WEANLINGS (WEANLINGS ARE SWINE WEIGHING UP TO 27
KILOGRAMS OR 59.5 POUNDS) FROM CANADA, ENTERED ON OR AFTER
AUGUST 29, 1996, IS LIFTED.

6. 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." IMPORTING PUBLIC AND INTERESTED
PARTIES SHOULD CONTACT STEPHANIE MOORE AT 202-482-2786, OF
THE OFFICE OF CVD/AD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

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

NANCY MCTIERNAN