- Period Covered: 01/01/2001 to 12/31/2001
MESSAGE NO: 4092201
DATE: 04 01 2004
CATEGORY: ADA
TYPE: LIQ
REFERENCE: 3255202
REFERENCE DATE: 09 12 2003
CASES:
A - 570 - 001
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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 FOR POTASSIUM PERMANGANATE FROM THE
PEOPLE'S REPUBLIC OF CHINA (A-570-001)
1.
THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY FINDINGS/ORDERS.
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 FINDING/ORDER FOR
THE PERIODS AND ON THE MERCHANDISE LISTED BELOW, EXCEPT FOR THE
FIRMS NOTED.
THEREFORE, IN ACCORDANCE WITH SECTION 351.212(c) OF
THE COMMERCE DEPARTMENT REGULATIONS, YOU ARE TO ASSESS
ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN
EFFECT ON THE DATE OF ENTRY.
POTASSIUM PERMANGANATE FROM THE PEOPLE'S REPUBLIC OF CHINA
A-570-001
PERIOD
01/01/2001-12/31/2001
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
GROUPSTARS CHEMICALS CO., LTD.#
#ENTRIES FOR GROUPSTARS FOR THE ABOVE REFERENCED PERIOD OF
REVIEW SHOULD BE LIQUIDATED USING E-MAIL MESSAGE #3255202,
DATED 09/12/2003
3.
THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIODS
LISTED ABOVE.
YOU SHALL CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES
OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES.
4.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE U.S. CUSTOMS
AND BORDER PROTECTION ("CBP") ON SHIPMENTS OR ENTRIES OF
THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778
OF THE TARIFF ACT OF 1930.
SECTION 778 REQUIRES THAT CBP 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 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.
5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT 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, CBP 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, CBP
SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING
DUTIES DUE.
6.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES PLEASE
CONTACT DAVINA HASHMI AT THE OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE AT (202)482-0984 (GENERATED BY G204:SEF).
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATON.
CATHY SAUCEDA