- Period Covered: 07/01/2002 to 09/29/2002
MESSAGE NO: 4043205
DATE: 02 12 2004
CATEGORY: ADA
TYPE: LIQ
REFERENCE: 4021207
REFERENCE DATE: 01 21 2004
CASES:
A - 570 - 853
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PERIOD COVERED:
07 01 2002
TO
09 29 2002
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION AND NOTIFICATION OF PARTIAL RESCISSION OF
ANTIDUMPING ADMINISTRATIVE REVIEW FOR BULK ASPIRIN FROM
THE PEOPLE'S REPUBLIC OF CHINA
(A-570-853)
1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
BULK ASPIRIN FROM THE PEOPLE'S REPUBLIC OF CHINA
(A-570-853),
COVERING THE PERIOD 07/01/2002 THROUGH 06/30/2003 HAS BEEN
RESCINDED, IN PART.
THIS NOTICE OF RESCISSION WAS PUBLISHED IN
THE FEDERAL REGISTER (69 FR 5126) ON (02/03/2004).
2.
IN ACCORDANCE WITH MESSAGE NUMBER 4021207 (DATED JANUARY 21,
2004), THE SUSPENSION OF LIQUIDATION HAS BEEN DISCONTINUED AND
LIQUIDATION HAS BEEN ORDERED FOR SUBJECT MERCHANDISE FROM JILIN
HENGHE PHARMACEUTICAL CO. ("JILIN") (A-570-853-001) ENTERED, OR
WITHDRAWN FROM WAREHOUSE, ON OR AFTER SEPTEMBER 30, 2002.
3.
FOR MERCHANDISE FROM JILIN ENTERED OR WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 07/01/2002 THROUGH
09/29/2002 YOU ARE TO ASSESS ANTIDUMPING DUTIES AT THE CASH
DEPOSIT OR BONDING RATE REQUIRED AT THE TIME OF ENTRY.
4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE.
IN ACCORDANCE WITH MESSAGE NUMBER 4021207
(DATED JANUARY 21, 2004) BECAUSE JILIN IS EXCLUDED FROM THE
ANTIDUMPING DUTY ORDER EFFECTIVE SEPTEMBER 30, 2002, NO CASH
DEPOSIT FOR ENTRIES OF THE SUBJECT MERCHANDISE FROM JILIN IS
REQUIRED.
YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF
ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE FROM OTHER FIRMS
AT THE CURRENT RATES.
5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ("CBP") ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO
THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION
778 REQUIRES THAT CBP 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.
6.
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP 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, CBP 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,
CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING
DUTIES DUE.
7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
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 G1O1:SH).
8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA