MESSAGE NO: 3255202 DATE: 09 12 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 001 - -
- - - -
- - - -

PERIOD COVERED: 01 01 2001 TO 12 31 2001

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR POTASSIUM PERMANGANATE
FROM THE PEOPLE'S REPUBLIC OF CHINA PRODUCED/EXPORTED
BY GROUPSTARS CHEMICAL CO., LTD (A-570-001)


THERE ARE NO RESTRICTIONS ON THE RELEASE OF THE INFORMATION
CONTAINED IN THIS E-MAIL MESSAGE/INSTRUCTIONS

1. FOR ALL SHIPMENTS OF POTASSIUM PERMANGANATE FROM THE
PEOPLE'S REPUBLIC OF CHINA (PRC) PRODUCED/IMPORTED BY GROUPSTARS
CHEMICAL CO., LTD., ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIOD 01/01/2001 THROUGH 12/31/2001,
ASSESS AN ANTIDUMPING LIABILITY OF 128.94 PERCENT OF THE ENTERED
VALUE. FOR ALL SHIPMENTS OF POTASSIUM PERMANGANATE FROM THE PRC
PRODUCED BY GROUPSTARS CHEMICAL CO., LTD. AND IMPORTED BY
ENTITIES OTHER THAN GROUPSTARS CHEMICAL CO., LTD., AND ENTERED
OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
01/01/2001 THROUGH 12/31/2001, ASSESS ANTIDUMPING DUTIES AT THE
CASH DEPOSIT RATE IN EFFECT ON THE DATE OF THE ENTRY, EXCEPT IF
PARAGRAPH 2 IS APPLICABLE.

2. IF A BOND OR CASH DEPOSIT WAS COLLECTED AS SECURITY FOR AN
ESTIMATED ANTIDUMPING DUTY FOR ANY SHIPMENT OF MERCHANDISE
DESCRIBED IN PARAGRAPH 1 THAT WAS ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 01/01/2001 THROUGH
12/31/2001, ASSESS A DUMPING LIABILITY EQUAL TO 128.94 PERCENT OF
THE ENTERED CUSTOMS VALUE OR EQUAL TO THE AMOUNT OF THE BOND OR
CASH DEPOSIT, WHICHEVER IS LESS.


3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. FOR ALL OTHER SHIPMENTS OF POTASSIUM
PERMANGANATE FROM THE PRC YOU SHALL, UNLESS OTHERWISE INSTRUCTED,
CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES
FOR THE MERCHANDISE AT THE CURRENT RATES.

4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION 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 UNDERPAYMENTS 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.

5. 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.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT(202) 482-0984 (GENERATED BY GII04JSC).

7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THE INFORMATION
CONTAINED IN THIS E-MAIL MESSAGE/INSTRUCTIONS.


CATHY SAUCEDA