MESSAGE NO: 8364201 DATE: 12/29/2008

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-570-848

PERIOD COVERED: 09/01/2007 TO 08/31/2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR FRESHWATER CRAWFISH TAIL, MEAT FROM
CHINA FOR THE PERIOD 09/01/2007 THROUGH, 08/31/2008 (A-570-848)

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

1\. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT

ADMINISTRATIVE REVIEWS OF ANTIDUMPING FINDINGS/DUTY ORDERS.

INSTEAD, REVIEWS MUST BE REQUESTED PURSUANT TO SECTION

751(a)(1) OF THE TARIFF ACT OF 1930 AND IN ACCORDANCE WITH

SECTION 351.213 OF THE COMMERCE DEPARTMENT REGULATIONS.

2\. THE LIQUIDATION AND CASH DEPOSIT RATES FOR FIRMS WITH A

NONMARKET ECONOMY SEPARATE RATE, FOR WHICH AN ANTIDUMPING

ADMINISTRATIVE REVIEW WAS NOT REQUESTED, WILL NOT BE REVISED

FOR THIS PERIOD. THE FIRMS LISTED BELOW HAVE BOTH A NONMARKET

ECONOMY SEPARATE RATE AND ARE NOT SUBJECT TO THE REVIEW FOR THE

PERIOD 09/01/2007 THROUGH 08/31/2008. THEREFORE, IN ACCORDANCE

WITH SECTION 351.212(c) OF DEPARTMENT OF COMMERCE REGULATIONS,

YOU ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR

WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION FOR THE FIRMS LISTED

BELOW AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE

OF ENTRY.

PRODUCT: FRESHWATER CRAWFISH TAIL MEAT

COUNTRY: THE PEOPLE\'S REPUBLIC OF CHINA

CASE NUMBER: A-570-848

PERIOD: 09/01/2007 THROUGH 08/31/2008

LIQUIDATE ALL ENTRIES DURING THE PERIOD 09/01/2007 THROUGH

08/31/2008 FOR FIRMS LISTED BELOW:

COMPANY: CHINA EVERBRIGHT TRADING COMPANY

CASE NUMBER: A-570-848-002

COMPANY: JIANGSU CEREALS OILS & FOODSTUFFS IMPORT & EXPORT

CASE NUMBER: A-570-848-005

COMPANY: NINGBO NANLIAN FROZEN FOODS COMPANY LTD.

CASE NUMBER: A-570-848-012

COMPANY: QINGDAO RIRONG FOODSTUFF CO., LTD.

CASE NUMBER: A-570-848-014

COMPANY: YANCHENG HAITENG AQUATIC PRODUCTS & FOODS CO., LTD.

CASE NUMBER: A-570-848-016

COMPANY: CHINA KINGDOM IMPORT & EXPORT CO., LTD. (ALSO

KNOWN AS CHINA KINGDOM INTERNATIONAL)

CASE NUMBER: A-570-848-023

COMPANY: HUAIYIN FTC 30 (HAUYIN 30)

CASE NUMBER: A-570-848-030

COMPANY: WEISHAN ZHENYU FOODSTUFF CO.

CASE NUMBER: A-570-848-033

COMPANY: JIANGSU HILONG INTERNATIONAL TRADING CO.

CASE NUMBER: A-570-848-034

COMPANY: QINGDAO JIN YONG XIANG AQUATIC FOODS CO., LTD.

CASE NUMBER: A-570-848-037

COMPANY: XUZHOU JINJIANG FOODSTUFFS CO., LTD.

CASE NUMBER: A-570-848-048

3\. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED

BY THIS INSTRUCTION.

4\. ENTRIES OF MERCHANDISE OF FIRMS NOT LISTED ABOVE SHOULD NOT

BE LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE

COMPLETION OF THE ANTIDUMPING ADMINISTRATIVE REVIEW FOR THE

PERIOD 08/01/2007 THROUGH 07/31/2008. CONTINUE TO SUSPEND

LIQUIDATION OF ALL ENTRIES OF MERCHANDISE THAT WERE EXPORTED BY

THE UNLISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE,

FOR CONSUMPTION DURING THIS PERIOD.

5\. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF

ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 09/01/2007

THROUGH 08/31/2008 OCCURRED WITH THE PUBLICATION OF THE NOTICE

OF INITIATION OF ADMINISTRATIVE REVIEW (73 FR 64305,

10/29/2008). FOR ALL OTHER SHIPMENTS OF FRESHWATER CRAWFISH

TAIL MEAT FROM THE PEOPLE\'S REPUBLIC OF CHINA YOU SHALL

CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING

DUTIES FOR SUBSEQUENT ENTRIES OF THE SUBJECT MERCHANDISE AT THE

CURRENT RATES.

6\. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER

PROTECTION 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 CBP PAY INTEREST ON

OVERPAYMENTS OR ASSESS INTEREST ON UNDERPAYMENTS 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.

7\. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE

THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS

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, CBP SHOULD DOUBLE THE ANTIDUMPING 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 DUTIES DUE.

8\. 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 O5:DD).

9\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

DAVID M. GENOVESE