MESSAGE NO: 7358112 DATE: 12 23 1996
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 404 - -
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PERIOD COVERED: 04 01 1991 TO 03 31 1994

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: LIQUIDATION INSTRUCTIONS FOR LIVE SWINE FROM CANADA
(C-122-404) FOR THE REVIEW PERIOD 4/1/91 - 3/31/94


RE: LIQUIDATION FOR LIVE SWINE FROM CANADA (C-122-404) FOR THE
REVIEW PERIODS APRIL 1, 1991 THROUGH MARCH 31, 1994

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
OF NOVEMBER 14, 1996 (61 FR 58383), THE AMENDED FINAL
RESULTS OF ITS ADMINISTRATIVE REVIEW OF THE COUNTERVAILING
DUTY ORDER ON LIVE SWINE FROM CANADA (C-122-404), FOR THE
APRIL 1, 1991 THROUGH MARCH 31, 1994 REVIEW PERIODS.

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. THE NET SUBSIDY WAS FOUND TO BE CAN$0.597 PER KILOGRAM FOR
THE PERIOD APRIL 1, 1991 THROUGH MARCH 31, 1992, CAN$0.0611
PER KILOGRAM FOR THE PERIOD APRIL 1, 1992 THROUGH MARCH 31,
1993, AND CAN$0.0100 PER KILOGRAM FOR THE PERIOD APRIL 1,
1993 THROUGH MARCH 31, 1994.

4. ACCORDINGLY, YOU ARE TO LIQUIDATE AT CAN$0.597 PER KILOGRAM
ON SHIPMENTS OF LIVE SWINE FROM CANADA EXPORTED ON OR AFTER
APRIL 1, 1991, AND ON OR BEFORE MARCH 31, 1992; CAN$0.0611
PER KILOGRAM ON SHIPMENTS OF LIVE SWINE FROM CANADA EXPORTED
ON OR AFTER APRIL 1, 1992, AND ON OR BEFORE MARCH 31, 1993;
AND CAN$0.0100 PER KILOGRAM ON SHIPMENTS OF LIVE SWINE FROM
CANADA EXPORTED ON OR AFTER APRIL 1, 1993, AND ON OR BEFORE
MARCH 31, 1994. PARTIAL LIQUIDATION INSTRUCTIONS WERE ISSUED
FOR SLAUGHTER SOWS AND BOARS (C-122-404-001) AND WEANLINGS IN
MESSAGE #6060111 DATED SEPTEMBER 16, 1996.

5. THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT REQUIRES
THAT INTEREST BE PAID ON OVERPAYMENTS OR UNDERPAYMENTS OF
AMOUNTS DEPOSITED AS COUNTERVAILING 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.

6. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
EXPORTED ON OR BEFORE MARCH 31, 1994 IS LIFTED. SUSPENSION
OF LIQUIDATION FOR ALL ENTRIES OF THIS MERCHANDISE EXPORTED
AFTER MARCH 31, 1994 WILL CONTINUE.

7. 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 STEPHANIE MOORE AT 202-482-2849, OF
THE OFFICE OF CVD/AD ENFORCEMENT VI, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

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

WILLIAM D. SLYNE