- Period Covered: 08/01/2007 to 07/31/2008
MESSAGE NO: 8289208
DATE: 10 15 2008
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 815
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PERIOD COVERED:
08 01 2007
TO
07 31 2008
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: NON REVIEW LIQUIDATION INSTRUCTIONS FOR SULFANILIC ACID
FROM CHINA FOR PERIOD 08/01/2007 THROUGH 07/31/2008
(A-570-815) LIQUIDATE ALL ENTRIES FOR ALL FIRMS
1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING FINDINGS/DUTY ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED PURSUANT TO SECTION 751(a)(1)
OF THE TARIFF ACT OF 1930 AND IN ACCORDANCE WITH SECTION 351.213
OF THE COMMERCE DEPARTMENT REGULATIONS.
2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER FOR THE
PERIOD AND ON THE MERCHANDISE LISTED BELOW. THEREFORE, IN
ACCORDANCE WITH SECTION 351.212(c) OF DEPARTMENT OF COMMERCE
REGULATIONS, YOU ARE TO 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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH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.
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
PRODUCT: SULFANILIC ACID
COUNTRY: THE PEOPLE'S REPUBLIC OF CHINA
CASE NUMBER: A-570-815
PERIOD:08/01/2007-07/31/2008
3. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED
BY THIS INSTRUCTION.
4. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 08/01/2007
THROUGH 07/31/2008 OCCURRED WITH THE PUBLICATION OF THE NOTICE
OF INITIATION OF ADMINISTRATIVE REVIEW 73 FR 56795, 09/30/2008.
FOR ALL OTHER SHIPMENTS OF SULFANILIC ACID FROM THE PEOPLE'S
REPUBLIC OF CHINA YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF
ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES OF THE
SUBJECT MERCHANDISE AT THE CURRENT RATES.
5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON SHIPMENTS OR 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 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 OF PAYMENT OF ESTIMATED ANTIDUMPING DUTIES 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. 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 MANUFACTURER,
PRODUCER, SELLER, OR 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 PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE
ANTIDUMPING DUTIES DUE.
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
OPERATIONS, IMPORT ADMINISTRATION,INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OFCOMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O9:HZ).
8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE