MESSAGE NO: 4202208 DATE: 07 20 2004
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 204 - -
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PERIOD COVERED: 02 01 1998 TO 01 31 1999

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR HEAVY FORGED HAND TOOLS
(AXES/ADZES) FROM CHINA EXPORTED BY SHANDONG MACHINERY
IMPORT AND EXPORT CORPORATION (A-570-204-002)

1. ON 05/12/2004, THE U.S. COURT OF INTERNATIONAL TRADE ISSUED A
NOTICE OF DISMISSAL, WHICH TERMINATED THE INJUNCTION ENJOINING
LIQUIDATION OF CERTAIN ENTRIES WHICH ARE SUBJECT TO THE
ANTIDUMPING DUTY ORDER ON AXES/ADZES FROM THE PEOPLE'S REPUBLIC
OF CHINA (PRC) (A-570-204), EXPORTED BY SHANDONG MACHINERY IMPORT
AND EXPORT CORPORATION (SMC) (A-570-204-002), FOR THE PERIOD
02/01/1998 THROUGH 01/31/1999.

2. FOR ALL SHIPMENTS OF AXES/ADZES FROM THE PRC EXPORTED BY SMC,
ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE
PERIOD 02/01/1998 THROUGH 01/31/1999, ASSESS AN ANTIDUMPING
LIABILITY OF 70.15 PERCENT OF THE ENTERED VALUE.

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 AXES/ADZES 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 U.S. 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 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, 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 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 AND OTHER INTERESTED PARTIES
PLEASE CONTACT DAVINA HASHIMI OR RON TRENTHAM OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE (202) 482-0984 OR
(202) 482-3577 RESPECTIVELY. (GENERATED BY GIIO4:TEM).

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

CATHY SAUCEDA