• Effective Date: Aug 30, 2004
  • Period of Review: Jul 01, 2003 to May 25, 2004
  • Notice of Lifting of Suspension Date: Aug 30, 2004
  • Cite as: 69 FR 52857 • Cite date: Aug 30, 2004

1. Commerce does not automatically conduct administrative reviews of antidumping duty orders. Instead, reviews must be requested pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended, and in accordance with 19 CFR 351.213.

2. Commerce has not received a request for an administrative review of the antidumping duty order for the period and on the merchandise identified below except for the firms listed in paragraph 3. Liquidation instructions have previously been issued for the firms listed in paragraph 3, as indicated below. Therefore, in accordance with 19 CFR 351.212(c), you are to liquidate all entries for all firms not covered by paragraph 3, and assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit or bonding rate in effect on the date of entry:

Product: sebacic acid
Country: The People's Republic of China
Case number: A-570-825
Period: 07/01/2003 through 05/25/2004

3. On 01/19/2005, the administrative review was rescinded for the period 07/01/2003 through 06/30/2004 (70 FR 2998; 01/19/2005). Entries of merchandise of the firms listed in this paragraph should be liquidated in accordance with the appropriate message as indicated below .

Company: Guangdong Chemicals Import & Export Corp.
Case number: A-570-825-004
Entries for the period 07/01/2003 through 05/25/2004 should be liquidated in accordance with message 1003304 dated 01/03/2011

Company: Tianjin Chemicals Import & Export Corp.
Case number: A-570-825-005
Entries for the period 07/01/2003 through 05/25/2004 should be liquidated in accordance with message 1003304 dated 01/03/2011

4. Effective 05/26/2004, the antidumping duty order on sebacic acid from the People's Republic of China was revoked ( 70 FR 32291; 06/02/2005) as explained in message 5172202 dated 06/21/2005. Accordingly, entries of this merchandise entered, or withdrawn from warehouse, for consumption on or after 05/26/2004 should be liquidated without regard to antidumping duties in accordance with message 5172202.

5. There are no injunctions applicable to the entries covered by this instruction.

6. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2 occurred with the publication of the notice of initiation of administrative review for the 07/2004 anniversary month (69 FR 52857, 08/30/2004).

7. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or 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.

8. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement statement, as described in section 351.402(f)(2) of Commerce'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 producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall double the antidumping duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP's protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement.

9. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by CLU:GL.)

10. There are no restrictions on the release of this information.

Alexander Amdur