MESSAGE NO: 5159208 DATE: 06 08 2005
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 201 - -
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PERIOD COVERED: 05 23 2005 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: SCOPE RULING AND LIQUIDATION INSTRUCTIONS ON THE
ANTIDUMPING DUTY ORDERS OF HEAVY FORGED HAND TOOLS
FROM CHINA (A-570-201) OLYMPIA GROUP INC.

1. ON 5/23/2005, IN RESPONSE TO A REQUEST BY OLYMPIA GROUP
INC.(OLYMPIA), THE DEPARTMENT OF COMMERCE ISSUED A FINAL SCOPE
RULING THAT THE 8 INCH BY 8 INCH (MODEL NUMBER 64-376) AND 10
INCH BY 10 INCH (MODEL NUMBER 64-377) CAST TAMPERS, IMPORTED BY
OLYMPIA, ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDERS
COVERING HEAVY FORGED HAND TOOLS (HFHTS) FROM THE PEOPLE'S
REPUBLIC OF CHINA (PRC) (A-570-201).

2. THE DEPARTMENT OF COMMERCE FOUND SUFFICIENT EVIDENCE ON THE
RECORD TO ESTABLISH THAT OLYMPIA'S 8 INCH BY 8 INCH (MODEL NUMBER
64-376) AND 10 INCH BY 10 INCH (MODEL NUMBER 64-377) CAST TAMPERS
SHOULD BE EXCLUDED BECAUSE THE DEPARTMENT HAS DETERMINED THAT
THESE TOOLS ARE NOT PRODUCED USING A FORGING METHOD. THESE
TAMPERS, THEREFORE, ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING
DUTY ORDERS COVERING HFHTS FROM THE PRC.

3. EFFECTIVE MAY 23, 2005, TERMINATE SUSPENSION OF LIQUIDATION
AND LIQUIDATE ALL UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE,
FOR THE TAMPERS LISTED IN PARAGRAPH 1.

4. CUSTOMS AND BORDER PROTECTION (CBP) IS INSTRUCTED TO REFUND
ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS RELATING TO
THE TAMPERS LISTED IN PARAGRAPH 1.
5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY 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, OR ASSESS 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 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.

6. CBP IS INSTRUCTED TO CONTINUE TO SUSPEND LIQUIDATION OF ALL
OTHER ENTRIES OF HFHTS SUBJECT TO THE ANTIDUMPING DUTY ORDERS
COVERING HFHTS FROM THE PRC.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC, OR INTERESTED PARTIES PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
AT (202)482-0984 OR (202) 482-3577 (GENERATED BY 09:PW).

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

CATHY SAUCEDA