MESSAGE NO: 7262112 DATE: 09 19 1997
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 331 - 602 - -
- - - -
- - - -

PERIOD COVERED: 03 01 1993 TO 02 28 1994

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: LIQUIDATION INSTRUCTIONS FOR CERTAIN FRESH CUT FLOWERS
FROM ECUADOR PROCUCED/EXPORTED BY VARIOUS COMPANIES
(A-331-602)

1. FOR ALL SHIPMENTS OF CERTAIN FRESH CUT FLOWERS FROM ECUADOR
(A-331-602) PRODUCED/EXPORTED BY THE COMPANIES LISTED BELOW,
ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING
THE PERIOD 03/01/93 THROUGH 02/28/94, ASSESS A DUMPING
LIABILITY EQUAL TO 5.89 PERCENT OF THE ENTERED CUSTOMS
VALUE.

PRODUCT: CERTAIN FRESH CUT FLOWERS

PRODUCER/EXPORTER CASE NUMBER


FLORES DE IBARRA A-331-602-009
FLORES DE PUEWMBO A-331-602-010
FLORES DEL ECUADOR A-331-602-006
FLORES PICHINCHA A-331-602-011
FLORESTRADE A-331-602-012
MUNDIFLOR A-331-602-013

2. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE
MERCHANDISE AND PERIODS LISTED ABOVE. YOU SHALL CONTINUE TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR
THE MERCHANDISE AT THE CURRENT RATES.


. 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 THE REQUIRED AMOUNTS
DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. INTEREST SHALL
BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATED ANTIDUMPING
DUTIES IS REQUIRED THROUGH THE DATE OF LIQUIDATION. THE
RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT
UNDER SECTION 6621 OF INTERNAL REVENUE CODE OF 1954 FOR SUCH
PERIOD.

4. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
AS DESCRIBED IN SECTION 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 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.

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

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE
APPROPRIATE SUPERVISORY CHANNELS, IMPORT OPERATIONS,
ANTIDUMPING/COUNTERVAILING DUTY USING THE ATTRIBUTE HQ OAB.
IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT
THOMAS SCHAUER AT 202-482-4852, OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

PAUL SCHWARTZ