- Period Covered: 07/01/2006 to 06/30/2007
MESSAGE NO: 8071206
DATE: 03 11 2008
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 507 - 502
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PERIOD COVERED:
07 01 2006
TO
06 30 2007
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDAITON INSTRUCTIONS FOR THE RESCISSION OF ADMIN.
REVIEW OF CERTAIN IN-SHELL RAW PISTACHIOS FROM IRAN FOR
THE FIRMS LISTED BELOW (A-507-502-000/001/002/003/004)
1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
CERTAIN IN-SHELL RAW PISTACHIOS FROM IRAN (A-507-502), COVERING
THE PERIOD 07/01/2006 THROUGH 06/30/2007, HAS BEEN RESCINDED
FOR ALL FIRMS (SEE BELOW). YOU ARE TO ASSESS ANTIDUMPING DUTIES
ON THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION DURING THE PERIOD 07/01/2006 THROUGH 06/30/2007 AT
THE CASH DEPOSIT OR BONDING RATE REQUIRED AT THE TIME OF ENTRY.
LIQUIDATE ALL ENTRIES PRODUCED AND/OR EXPORTED BY THE FOLLOWING
FIRMS:
AHMADI'S AGRICULTURAL PRODUCTION, PROCESSING AND TRADE COMPLEX
(A-507-502-000)
RAFSANJAN PISTACHIO PRODUCERS COOPERATIVE
(A-507-502-001)
TEHRAN NEGAH NIMA TRADING COMPANY INC.
(A-507-502-002 OR A-507-502-003 OR A-507-502-004)
MAGHSOUDI FARMS
(A-507-502-003 OR A-507-502-000)
RAZI DOMGHAN AGRICULTURAL AND ANIMAL HUSBANDRY CO.
(A-507-502-004 OR A-507-502-000)
2. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF THE MERCHANDISE FOR THE PERIOD LISTED ABOVE OCCURRED
WITH THE PUBLICATION OF THE NOTICE OF THE RESCISSION OF THE
ADMINISTRATIVE REVIEW (73 FR 9292, FEBRUARY 20, 2008). YOU
SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.
3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION
778 REQUIRES THAT CBP PAYS INTEREST ON OVERPAYMENTS OR ASSESS
INTEREST ON UNDER PAYMENTS OF THE 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. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT DESCRIBED
IN SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT
REGULATIONS.
THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY.
IF THE IMPORTER
CERTIFIES THAT IT HAS AN AGREEMENT WITH THE MANUFACTURER,
PRODUCER, SELLER, OR EXPORTER TO BE REIMBURSED ANTIDUMPING
DUTIES AND/OR COUNTERVAILING DUTIES, CBP SHOULD DOUBLE THE
ANTIDUMPING AND/OR INCREASE THE ANTIDUMPING DUTY BY THE AMOUNT
OF THE COUNTERVAILING DUTIES IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER
DOES NOT PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE
ANTIDUMPING AND/OR COUNTERVAILING DUTIES DUE.
5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O7:DC).
6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE