MESSAGE NO: 3238206 DATE: 08 26 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 844 - -
- - - -
- - - -

PERIOD COVERED: 02 01 2000 TO 01 31 2001

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR MELAMINE INSTITUTIONAL
DINNERWARE FROM CHINA (A-570-844)



1. THE DEPARTMENT OF COMMERCE DOES NOT CONDUCT ADMINISTRATIVE
REVIEWS OF ANTIDUMPING DUTY ORDERS AUTOMATICALLY. INSTEAD,
REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 351.213(b)
OF THE COMMERCE REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER FOR THE
PERIODAND 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 ALL
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
AT THE CASH DEPOSIT OR BONDING RATE INEFFECT ON THE DATE OF
ENTRY OF WHICH THE FOLLOWING INFORMATION APPLIES:


MELAMINE INSTITUTIONAL DINNERWARE
FROM CHINA
(A-570-844)
PERIOD
02/01/2000 - 01/31/2001

LIQUIDATE ALL ENTRIES FOR ALL FIRMS.

3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE.

4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON SHIPMENTS OR ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE
PROVISIONSOF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778
REQUIRESTHAT CUSTOMS PAY INTEREST ON OVERPAYMENTS AND ASSESS
INTEREST ONUNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED AS
ESTIMATEDANTIDUMPING 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. INTERESTSHALL BECALCULATED 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 INTERNALREVENUE CODE OF 1954 FOR SUCH
PERIOD.

5 UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT DESCRIBED IN
SECTION 351.402(f)(2). THE IMPORTER SHOULD PROVIDE THE
REIMURSEMENT 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.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISONS, USING
ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT DAVID GOLDBERGER, AT (202) 482-4136, AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

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

CATHY SAUCEDA