- Period Covered: 09/01/2007 to 08/31/2008
MESSAGE NO: 8323203
DATE: 11 18 2008
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 101
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PERIOD COVERED:
09 01 2007
TO
08 31 2008
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION INSTRUCTIONS FOR GREIGE POLYESTER/COTTON
PRINTCLOTH FROM CHINA (A-570-101)
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR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: GREIGE POLYESTER/COTTON PRINTCLOTH
COUNTRY: THE PEOPLE?S REPUBLIC OF CHINA
CASE NUMBER: A-570-101
PERIOD:
09/01/2007-08/31/2008
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 09/01/2007
THROUGH 08/31/2008 OCCURRED WITH THE PUBLICATION OF THE
NOTICE OF INITIATION OF ADMINISTRATIVE REVIEW 73 FR 64305,
10/29/2008. FOR ALL OTHER SHIPMENTS OF GREIGE POLYESTER/
COTTON PRINTCLOTH 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 OF1954 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