MESSAGE NO: 8353201 DATE: 12/18/2008

CATEGORY: ADA TYPE: LIQ

REFERENCE: 7355111 REFERENCE DATE: 12/20/1996

CASES: A-549-813

PERIOD COVERED: 07/01/2007 TO 10/31/2007

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: AUTOMATIC LIQUIDATION INSTRUCTIONS FOR CANNED PINEAPPLE, FRUIT FROM
THAILAND (A-549-813), LIQUIDATE ALL ENTRIES FOR ALL FIRMS

1\. COMMERCE DOES NOT AUTOMATICALLY CONDUCT ADMINISTRATIVE

REVIEWS OF ANTIDUMPING DUTY ORDERS. INSTEAD, REVIEWS MUST BE

REQUESTED PURSUANT TO SECTION 751(a)(1) OF THE TARIFF ACT OF

1930, AS AMENDED, AND IN ACCORDANCE WITH SECTION 351.213 OF THE

COMMERCE DEPARTMENT REGULATIONS.

2\. COMMERCE HAS NOT RECEIVED A REQUEST FOR AN ADMINISTRATIVE

REVIEW OF THE ANTIDUMPING DUTY ORDER FOR THE PERIOD AND ON THE

MERCHANDISE LISTED BELOW. THEREFORE, IN ACCORDANCE WITH

SECTION 351.212(c) OF THE COMMERCE DEPARTMENT REGULATIONS, YOU

ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR

WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT

OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY.

PRODUCT: CANNED PINEAPPLE FRUIT

COUNTRY: THAILAND

CASE NUMBER: A-549-813

PERIOD: 07/01/2007 THROUGH 10/31/2007

LIQUIDATE ALL ENTRIES FOR ALL FIRMS

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

BY THIS INSTRUCTION. THIS INCLUDES THE INJUNCTION REFERENCED IN

MESSAGE 7355111, DATED 12/20/1996.

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

ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 07/01/2007

THROUGH 10/31/2007 OCCURRED WITH THE PUBLICATION OF THE NOTICE

OF INITIATION OF ADMINISTRATIVE REVIEW FOR THE 08/2008

ANNIVERSARY MONTH (09/30/2008 73 FR 56795).

5\. COMMERCE HAS REVOKED THE ANTIDUMPING DUTY ORDER ON CANNED

PINEAPPLE FRUIT FROM THAILAND (A-549-813). THIS REVOCATION WAS

PUBLISHED IN THE FEDERAL REGISTER ON 04/21/2008 (73 FR 21311).

AS A RESULT, EFFECTIVE 10/31/2007, CBP WAS DIRECTED TO

TERMINATE THE SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF

CANNED PINEAPPLE FRUIT FROM THAILAND. SEE MESSAGE 8116202 DATED

04/25/2008.

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

PROTECTION (CBP) 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 ANTIDUMPNG DUTIES BEFORE THE DATE OF

PUBLICATION OF THE ANTIDUMPING DUTY ORDER. INTEREST SHALL BE

CALCULATED FROM THE DATE OF PAYMENT OF ESTIMATED ANTIDUMPNG

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 O6:JA).

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

INFORMATION.

DAVID M. GENOVESE