MESSAGE NO: 4135209 DATE: 05 14 2004
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 501 - -
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PERIOD COVERED: 02 01 2003 TO 01 31 2004

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR NATURAL BRISTLE PAINT
BRUSHES AND BRUSH HEADS FROM CHINA FOR 02/01/2003 TO
01/31/2004 (A-570-501).

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

2. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE ANY REQUESTS FOR
AN ADMINISTRATIVE REVIEW OF THE ADMINISTRATIVE ORDER ON NATURAL
BRISTLE PAINTBRUSHES AND BRUSH HEADS FROM THE PRC. HOWEVER, THE
DEPARTMENT OF COMMERCE IS CONDUCTING COMPANY-SPECIFIC NEW SHIPPER
REVIEWS OF THE ANTIDUMPING DUTY ORDER ON NATURAL BRISTLE PAINT
BRUSHES AND BRUSH HEADS FROM THE PEOPLE'S REPUBLIC OF CHINA FOR
THE PERIOD 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WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT
RATE IN EFFECT ON THE DATE OF ENTRY TO WHICH THE FOLLOWING
INFORMATION APPLIES:

NATURAL BRISTLE PAINTBRUSHES AND BRUSH PERIOD
HEADS FROM THE PRC

A-570-501 02/01/2003-
01/31/2004

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT FOR THE FOLLOWING
EXPORTER/PRODUCER COMBINATIONS LISTED BELOW:

EXPORTER: CHANGSHAN IMPORT/EXPORT CO., LTD.
PRODUCER: ZHEJIANG LIN'AN MAXIAO BRUSHES FACTORY

EXPORTER: SHANGHAI R R IMPORT/EXPORT CO., LTD.
PRODUCER: ZHEJIANG LIN'AN MAXIAO BRUSHES FACTORY

3. ENTRIES OF MERCHANDISE FROM THE EXCEPTED EXPORTER/PRODUCER
COMBINATIONS ONLY SHOULD NOT BE LIQUIDATED UNTIL YOU RECEIVE
SPECIFIC INSTRUCTIONS AFTER THE COMPLETION OF THE NEW SHIPPER
REVIEWS. CONTINUE TO SUSPEND LIQUIDATION OF ALL ENTRIES OF
MERCHANDISE BY THE EXPORTER/PRODUCER COMBINATIONS LISTED AND
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THIS
PERIOD.

4. 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 SUBSEQUENT ENTRIES
OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
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 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 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'S
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, 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 GRP3OF7:
DK).

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

CATHY SAUCEDA