MESSAGE NO: 8281206 DATE: 10 07 2008
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 203 - -
- - - -
- - - -

PERIOD COVERED: 09 11 2008 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTION FOR ANTIDUMPING SCOPE RULING
ON HEAVY FORGED HAND TOOLS (PICKS/MATTOCKS) FROM
CHINA (A-570-203)


1. THE DEPARTMENT RECEIVED A SCOPE RULING REQUEST FROM NEW
BUFFALO CORPORATION. THE DEPARTMENT OF COMMERCE ISSUED A FINAL
SCOPE RULING ON 09/11/2008, THAT THE 4 TON ELECTRIC LOG SPLITTER
IS NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING
HEAVY FORGED HAND TOOLS (PICKS/MATTOCKS) FROM THE PRC
(A-570-203).

2. THE COMMERCE DEPARTMENT DETERMINED THAT THE 4 TON ELECTRIC
LOG SPLITTER IS OUTSIDE THE SCOPE ORDER BECAUSE (1) IT DOES
NOT MEET ANY DEFINITION OF ANY OF THE HEAVY FORGED HAND TOOLS
(PICKS/MATTOCKS) SUBJECT TO THE ORDER, (2) THE WEDGE OF THE
MACHINE IS PRODUCED IN A WELDED, RATHER THAN FORGED PROCESS,
AND (3) THE MACHINE IS ELECTRIC POWERED. THEREFORE, THE 4
TON ELECTRIC LOG SPLITTER IS NOT WITHIN THE SCOPE OF THE
ANTIDUMPING DUTY ORDER COVERING HEAVY FORGED HAND TOOLS
(PICKS/MATTOCKS) FROM THE PRC.

3. EFFECTIVE 09/11/2008, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRIES ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION ON OR AFTER 09/11/2008 OF 4 TON ELECTRIC LOG
SPLITTERS LISTED ABOVE.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE 4 TON ELECTRIC LOG SPLITTER LISTED ABOVE.


5. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES OF 4 TON ELECTRIC LOG
SPLITTERS ENTERED,OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER 09/11/2008.

6. 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.

7. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF HEAVY FORGED
HAND TOOLS (HAMMERS/SLEDGES) SUBJECT TO THE ANTIDUMPING DUTY
ORDER COVERING HEAVY FORGED HAND TOOLS (PICKS/MATTOCKS) FROM
THE PRC.

8. 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
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202)
482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O9:AR).

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

DAVID M. GENOVESE