| Title: | FRESH GARLIC FM PRC |
|---|---|
| Date: | 1994-07-11 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : HQ OAB
SUBJECT : FRESH GARLIC FM PRC
DATE : 07/08/94
MESSAGE NO: 4189113 DATE: 07 08 1994
CATEGORY: ADA TYPE: INF
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 831 - -
- - - -
- - - -
PERIOD COVERED: 07 08 1994 TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TRADE COMPLIANCE DIVISION
RE: ALLEGATIONS THAT IMPORTS OF LARGE AMOUNTS OF GARLIC FROM
THE PRC WILL BE MADE PRIOR TO THE PRELIMINARY DECISION BY
THE DOC TO AVOID SUSPENSION OF ENTRY SUMMARIES BY CUSTOMS
CUSTOMS HEADQUARTERS HAS BECOME AWARE OF ALLEGATIONS THAT
LARGE AMOUNTS OF FRESH GARLIC FROM THE PEOPLE'S REPUBLIC OF CHINA
(PRC) MAY BE ENTERED AT THE WEST COAST PORTS OF LONG BEACH, LOS
ANGELES, OAKLAND OR SEATTLE PRIOR TO THE PRELIMINARY DECISION BY
THE DEPARTMENT OF COMMERCE, INTERNATIONAL TRADE ADMINISTRATION
(ITA) IN AN EFFORT TO AVOID SUSPENSION OF ENTRY SUMMARIES BY THE
U.S. CUSTOMS SERVICE.
THE ITA WILL PUBLISH ON JULY 11, 1994, ITS PRELIMINARY
DETERMINATION THAT FRESH GARLIC FROM THE PRC IS, OR IS LIKELY TO
BE, SOLD IN THE UNITED STATES AT LESS THAN FAIR VALUE. IN
ADDITION, THE ITA FOUND THAT CRITICAL CIRCUMSTANCES EXIST.
THEREFORE, CUSTOMS HAS BEEN INSTRUCTED TO SUSPEND LIQUIDATION OF
SUCH MERCHANDISE THAT WAS ENTERERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION ON OR AFTER APRIL 12, 1994, WHICH IS 90 DAYS
PRIOR TO THE DATE OF PUBLICATION OF THE PRELIMINARY DETERMINATION
IN THE FEDERAL REGISTER. EFFECTIVE APRIL 12, 1994, CUSTOMS SHALL
REQUIRE A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE
MARGIN NOTED IN E-MAIL 4189111, DATED JULY 8, 1994 (SEE
ATTACHED).
THIS IS HEADQUARTERS APPROVAL TO REJECT ANY UNLIQUIDATED
ENTRY SUMMARIES OF FRESH GARLIC FROM THE PRC THAT WERE ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER THE
EFFECTIVE DATE OF THE CUSTOMS DIRECTIVE 099 3550-067, "ENTRY
SUMMARY ACCEPTANCE AND REJECTION POLICY" AND REQUIRE A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE ESTIMATED
PRELIMINARY MARGIN. FOR ANY UNLIQUIDATED ENTRY SUMMARIES FILED
PRIOR TO THE EFFECTIVE DATE OF THE DIRECTIVE, DO NOT REJECT,
SUSPEND IN ACCORDANCE WITH THE ITA INSTRUCTIONS.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE REGIONAL ANTIDUMPING/COUNTERVAILING
DUTY COORDINATOR, TRADE COMPLIANCE DIVISION,
ANTIDUMPING/COUNTERVAILING DUTY BRANCH VIA E-MAIL ATTRIBUTE "HQ
OAB."
NANCY MCTIERNAN
ATTACHMENT
MESSAGE NO: 4189111 DATE: 07 08 1994
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 831 - -
- - - -
- - - -
PERIOD COVERED: 07 11 1994 TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TRADE COMPLIANCE DIVISION
RE: PRELIMINARY DETERMINATION IN THE ANTIDUMPING DUTY
INVESTIGATION OF FRESH GARLIC FROM THE PRC/WITH
CRITICAL CIRCUMSTANCES (A-570-831)
1. THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ON JULY 11, 1994, NOTICE OF ITS PRELIMINARY
DETERMINATION THAT FRESH GARLIC FROM THE PEOPLE'S REPUBLIC OF
CHINA (PRC) IS, OR IS LIKELY TO BE, SOLD IN THE UNITED STATES AT
LESS THAN FAIR VALUE.
2. THE PRODUCTS COVERED BY THIS INVESTIGATION ARE ALL GRADES OF
GARLIC, WHOLE OR SEPARATED INTO CONSTITUENT CLOVES, WHETHER OR
NOT PEELED, FRESH, CHILLED, FROZEN, PROVISIONALLY PRESERVED, OR
PACKED IN WATER OR OTHER NEUTRAL SUBSTANCE, BUT NOT PREPARED OR
PRESERVED BY THE ADDITION OF OTHER INGREDIENTS OR HEAT
PROCESSING. THE DIFFERENCES BETWEEN GRADES ARE BASED ON COLOR,
SIZE, SHEATHING AND LEVEL OF DECAY.
THE SUBJECT MERCHANDISE IS USED PRINCIPALLY AS A FOOD PRODUCT
AND FOR SEASONING. THE SUBJECT GARLIC IS CURRENTLY CLASSIFIABLE
UNDER SUBHEADINGS 0703.20.0000, 0710.80.7060, 0710.80.9750,
0711.90.6000, AND 2005.90.9500 OF THE HARMONIZED TARIFF SCHEDULE
OF THE UNITED STATES (HTSUS). ALTHOUGH THE HTSUS SUBHEADINGS ARE
PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, OUR WRITTEN
DESCRIPTION OF THE SCOPE OF THIS PROCEEDING IS DISPOSITIVE.
3. FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-570-831. THIS NUMBER SHOULD BE USED WHEN
DEALING WITH THE DEPARTMENT OF COMMERCE ONLY.
4. BECAUSE THE DEPARTMENT OF COMMERCE FOUND THAT CRITICAL
CIRCUMSTANCES EXIST FOR ALL IMPORTS OF FRESH GARLIC FROM THE PRC,
THE CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION OF SUCH MERCHANDISE
THAT WAS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER APRIL 12, 1994, WHICH IS 90 DAYS PRIOR TO THE DATE OF
PUBLICATION OF THE PRELIMINARY DETERMINATION IN THE FEDERAL
REGISTER. EFFECTIVE APRIL 12, 1994, CUSTOMS SHALL REQUIRE A CASH
DEPOSIT OR POSTING OF A BOND EQUAL TO THE APPROPRIATE ESTIMATED
PRELIMINARY MARGIN PERCENTAGE LISTED BELOW.
MANUFACTURER/PRODUCER IDENTIFICATION NUMBER WEIGHTED-AVERAGE
EXPORTER MARGIN PERCENTAGE
ALL MANUFACTURERS
PRODUCERS/EXPORTERS A-570-831-000 376.67
5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE REGIONAL ANTIDUMPING/COUNTERVAILING
DUTY COORDINATOR, TRADE COMPLIANCE DIVISION, AD/CVD BRANCH, VIA
E-MAIL TO ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT JAMES MAEDER, OFFICE OF
ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE AT
202-482-3330.
6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN