MESSAGE NO: 9293112 DATE: 10 20 1998
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 404 - -
- - - -
- - - -

PERIOD COVERED: 04 01 1996 TO 03 31 1997

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: LIQUIDATION FOR LIVE SWINE FROM CANADA (C-122-404)
FOR THE PERIOD 04/01/1996 THROUGH 03/31/1997


1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
OF 09/4/98, 63 FR 47235, THE FINAL RESULTS OF ITS
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON
LIVE SWINE FROM CANADA (C-122-404) FOR THE 04/01/96-03/31/97
PERIOD.

2. IMPORTS COVERED BY THE REVIEW ARE SHIPMENTS OF 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. THE MERCHANDISE SUBJECT TO THE ORDER
IS CLASSIFIABLE UNDER HARMONIZED TARIFF SCHEDULE ITEM
NUMBERS 0103.91.00 AND 0103.92.00.

3. THE NET SUBSIDY WAS FOUND TO BE DE MINIMIS FOR THE PERIOD
04/01/96-03/31/97.

4. ACCORDINGLY, YOU ARE TO LIQUIDATE WITHOUT REGARD TO
COUNTERVAILING DUTIES ALL SHIPMENTS OF LIVE SWINE FROM
CANADA EXPORTED ON OR AFTER 04/01/96 AND ON OR BEFORE
03/31/97.

5. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CUSTOMS
SERVICE ON SHIPMENTS OR 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.

6. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
EXPORTED ON OR BEFORE 03/31/97 IS LIFTED. AUTOMATIC
LIQUIDATION OF ENTRIES FOR THE PERIOD 04/01/97 THROUGH
03/31/98 ARE COVERED IN MESSAGE NO. 9279114 DATED OCTOBER 6,
1998. SUSPENSION OF LIQUIDATION FOR ALL ENTRY SUMMARIES OF
THIS MERCHANDISE EXPORTED AFTER 03/31/98 WILL CONTINUE.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA EMAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING
THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT GAYLE LONGEST THE OFFICE
OF CVD/AD ENFORCEMENT VI, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, (202) 482-2786.

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

PAUL SCHWARTZ