MESSAGE NO: 3169208 DATE: 06 18 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 506 - -
- - - -
- - - -

PERIOD COVERED: 12 01 1999 TO 11 30 2000

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION AND NOTIFICATION OF RESCISSION OF
PORCELAIN-ON-STEEL COOKING WARE FROM CHINA
(A-570-506)


1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
PORCELAIN-ON-STEEL (POS) COOKING WARE FROM THE PEOPLE'S REPUBLIC
OF CHINA (A-570-506), COVERING THE PERIOD 12/01/1999 THROUGH
11/30/2000 HAS BEEN RESCINDED AT THE REQUEST OF CLOVER ENAMELWARE
ENTERPRISES LTD., LUCKY ENAMELWARE FACTORY, LTD. AND CGS, A U.S.
IMPORTER OF POS COOKING WARE. THIS NOTICE OF RESCISSION WAS
PUBLISHED IN THE FEDERAL REGISTER ON MARCH 28, 2001 (66 FR
16904). YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE
PERIOD LISTED BELOW FOR THE CASH DEPOSIT OR BONDING RATE REQUIRED
AT THE TIME OF ENTRY.

PORCELAIN-ON-STEEL COOKING WARE FROM THE PEOPLE'S REPUBLIC OF
CHINA

(A-570-506) PERIOD: 12/01/1999 THROUGH 11/30/2000

LIQUIDATE ALL ENTRIES FROM ALL FIRMS

2. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS
OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE
CURRENT RATES.

3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE U.S. BUREAU OF
CUSTOMS AND BORDER PROTECTION ("BCBP") ON ENTRIES OF THIS
MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE
TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT BCBP PAYS INTEREST
ON OVERPAYMENTS. OR ASSESSES 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 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.

4. UPON ASSESSMENT OF ANTIDUMPING DUTIES, BCBP 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 HAS BEEN REIMBURSED
ANTIDUMPING DUTIES, BCBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN
ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY,
IF THE IMPORTER FAILS TO RESPOND TO YOUR FORMAL REQUEST (VIA CF
28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION,
BCBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING
DUTIES DUE.

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY BCBP
OFFICERS, IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT
JOY ZHANG AT "JOY__ZHANG AT ITA.DOC.GOV" OR AT AD/CVD/
ENFORCEMENT, IMPORT ADMINISTRATION, DEPARTMENT OF COMMERCE AT
(202) 482-1168.

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


CATHY SAUCEDA