MESSAGE NO: 1002203 DATE: 01 02 2001
CATEGORY: ADA TYPE: INJ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 815 - -
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PERIOD COVERED: 08 01 1997 TO 07 31 1998

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: PRELIMINARY INJUNCTION AND LIQ. INSTRUCTIONS FOR
SULFANILIC ACID FROM CHINA (A-570-815)


1. ON 06/15/2000, THE U.S. COURT OF INTERNATIONAL TRADE ISSUED A
PRELIMINARY INJUNCTION ENJOINING LIQUIDATION OF CERTAIN ENTRIES
WHICH ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER OR FINDING ON
SULFANILIC ACID FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-815),

MANUFACTURED OR EXPORTED BY THE FOLLOWING COMPANIES AND IMPORTED
BY PHT INTERNATIONAL INC. (PHT), FOR THE PERIOD 08/01/1997
THROUGH 07/31/1998:

YUDE CHEMICAL INDUSTRY CO. (YUDE) A-570-815-002
ZHENXING CHEMICAL INDUSTRY CO. (ZHENXING) A-570-815-003

2. ACCORDINGLY, UNTIL FURTHER NOTICE, DO NOT LIQUIDATE ENTRIES
OF SUBJECT MERCHANDISE WHICH WAS PRODUCED OR EXPORTED BY YUDE AND
ZHENXING AND IMPORTED BY PHT, AND WHICH WAS ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 08/01/1997
THROUGH 07/31/1998.

3. FOR ALL OTHER ENTRIES OF SUBJECT MERCHANDISE WHICH ARE
PRODUCED OR EXPORTED, AND IMPORTED BY ANY OTHER PARTY NOT
MENTIONED ABOVE, AND ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION DURING THE PERIOD 08/01/1997 THROUGH 07/31/1998,
LIQUIDATE ENTRIES AT THE PRC-WIDE RATE OF 85.20 PERCENT OF THE
ENTERED VALUE.
4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION FOR ALL ENTRIES OF SUBJECT MERCHANDISE
ASSESSED AT THE PRC-WIDE RATE FOR THE PERIOD LISTED ABOVE. YOU
SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING
DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON 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, AND ASSESS INTEREST ON
UNDER PAYMENTS, 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 PAYMENT OF ESTIMATED ANTIDUMPING
DUTIES
IS REQUIRED 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. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS 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 EXPORTER TO BE REIMBURSED ANTIDUMPING
DUTIES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES IN
ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY,
IF THE IMPORTER DOES NOT RESPOND TO YOUR FORMAL REQUEST (VIA CF
28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION,
CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING
DUTIES DUE.

7. 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." IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT SEAN CAREY AT 202-482-3964, AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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

PAUL SCHWARTZ