MESSAGE NO: 2154219 DATE: 6/3/2002

CATEGORY: ADA TYPE: FIN

REFERENCE: REFERENCE DATE:

CASES: A-337-806

PERIOD COVERED: 05/21/2002

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: NOTICE OF FINAL DETERMINATION IN THE ANTIDUMPING DUTY, INVESTIGATION
OF IQF RED RASPBERRIES FROM CHILE, (A-337-806)

1\. ON MAY 21, 2002, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL
REGISTER ITS FINAL AFFIRMATIVE DETERMINATION IN THE ANTIDUMPING DUTY
INVESTIGATION OF IQF RED RASPBERRIES FROM CHILE (67 FR 35790).

2\. THE SCOPE OF THIS INVESTIGATION COVERS IMPORTS OF IQF WHOLE OR
BROKEN RED RASPBERRIES FROM CHILE, WITH OR WITHOUT THE ADDITION OF SUGAR
OR SYRUP, REGARDLESS OF VARIETY, GRADE, SIZE OR HORTICULTURE METHOD
(E.G., ORGANIC OR NOT), THE SIZE OF THE CONTAINER IN WHICH PACKED, OR
THE METHOD OF PACKING.

THE SCOPE OF THE INVESTIGATION EXCLUDES FRESH RED RASPBERRIES AND BLOCK
FROZEN RED RASPBERRIES (I.E., PUREE, STRAIGHT PACK, JUICE STOCK, AND
JUICE CONCENTRATE).

THE MERCHANDISE SUBJECT TO THIS INVESTIGATION IS CLASSIFIABLE UNDER
0811.20.2020 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES
(\"HTSUS\").

ALTHOUGH THE HTSUS SUBHEADING IS PROVIDED FOR CONVENIENCE AND CUSTOMS
PURPOSES, THE WRITTEN DESCRIPTION OF THE MERCHANDISE UNDER INVESTIGATION
IS DISPOSITIVE.

3\. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-337-806.

4\. FOR IMPORTS OF IQF RED RASPBERRIES FROM CHILE, EXCEPT FOR IQF RED
RASPBERRIES MANUFACTURED/EXPORTED BY EITHER COMERCIAL FRUTICOLA
(A-337-806-001) OR EXPORTADORA FRUCOL (A-337-806-002), WHICH HAD DE
MINIMIS OR ZERO MARGINS, RESPECTIVELY, THE CUSTOMS SERVICE SHALL
CONTINUE TO SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR WITHDRAWN
FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER DECEMBER 31, 2001.

EFFECTIVE MAY 21, 2002 CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE RATES SHOWN BELOW:

MANUFACTURER/PRODUCER/ CUSTOMS ID WEIGHTED-AVERAGE EXPORTER NUMBER
MARGIN PERCENTAGE

FRUTICOLA OLMUE A-337-806-003 5.98 PERCENT ALL OTHERS A-337-806-000 5.98
PERCENT

5\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE \"HQ OAB.\" THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES
SHOULD CONTACT COLE KYLE, OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, AT (202) 482-1503.

6\. IN ACCORDANCE WITH THE LONGSTANDING POLICY OF THE 1985 TREASURY
DECISION, T.D. 85-145, AT THE DISCRETION OF THE CUSTOMS SERVICE, CUSTOMS
OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY
BOND OR A CONTINUOUS BASIC IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT
OF THE ESTIMATED ANTIDUMPING DUTY IS LESS THAN FIVE PERCENT AD VALOREM
(OR THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO
POST A BOND FOR ESTIMATED ANTIDUMPING DUTIES, CUSTOMS OFFICERS MUST
REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D.
85-145. AS HAS BEEN THE CASE SINCE ENACTMENT OF THIS TREASURY DECISION,
YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH
RESPECT TO THESE BONDING REQUIREMENTS.

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

PAUL SCHWARTZ