MESSAGE NO: 6013201 DATE: 01 13 2006
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 203 - -
- - - -
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PERIOD COVERED: 09 22 2005 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: ANTIDUMPING SCOPE RULING ON HEAVY FORGED HAND TOOLS
(PICKS/MATTOCKS) FROM THE PEOPLE'S REPUBLIC OF CHINA
(A-570-203)

1. ON 09/22/2005, THE COURT OF INTERNATIONAL TRADE (CIT) UPHELD
THE REMAND REDETERMINATION ISSUED BY THE DEPARTMENT OF COMMERCE
(THE DEPARTMENT), IN WHICH THE DEPARTMENT FOUND THAT THE CAST
PICKS EXPORTED BY TIANJIN MACHINERY IMPORT & EXPORT CORPORATION
(TMC) ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER
COVERING PICKS/MATTOCKS FROM THE PEOPLE'S REPUBLIC OF CHINA (PRC)
(A-570-203).

2. THE CIT UPHELD THE COMMERCE DEPARTMENT IN ITS REMAND
REDETERMINATION THAT CAST PICKS ARE NOT IN THE SCOPE OF THE ORDER
BECAUSE THE LANGUAGE OF THE SCOPE INDICATES THAT PICKS SUBJECT TO
THIS ORDER ARE PRODUCED THROUGH A HOT FORGE OPERATION. CAST
PICKS ARE NOT PRODUCED THROUGH A HOT FORGE OPERATION, BUT ARE
INSTEAD PRODUCED THROUGH A CASTING OPERATION. THEREFORE, CAST
PICKS ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER
COVERING PICKS/MATTOCKS FROM THE PRC.

3. EFFECTIVE 09/22/2005, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF THE CAST PICKS
LISTED ABOVE. THIS SCOPE RULING APPLIES TO TMC AND ALL OTHER PRC
MANUFACTURERS OR EXPORTERS THAT EXPORT CAST PICKS TO THE UNITED
STATES.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE CAST PICKS LISTED ABOVE.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION 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. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF PICKS/MATTOCKS
SUBJECT TO THE ANTIDUMPING DUTY ORDER COVERING PICKS/MATTOCKS
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, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR
(202) 482-3577 RESPECTIVELY (GENERATED BY O4:MJM).

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

CATHY SAUCEDA