MESSAGE NO: 9280207 DATE: 10 07 2009
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 916 - -
- - - -
- - - -

PERIOD COVERED: 01 31 2008 TO 07 31 2009

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NON-REVIEW LIQUIDATION INSTRUCTION FOR LAMINATED
WOVEN SACKS FROM CHINA (A-570-916)


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 AND IN ACCORDANCE WITH SECTION 351.213 OF COMMERCES
REGULATIONS.

2. THE LIQUIDATION AND CASH-DEPOSIT RATES FOR FIRMS WITH A
NON-MARKET ECONOMY SEPARATE RATE, FOR WHICH AN ANTIDUMPING
ADMINISTRATIVE REVIEW WAS NOT REQUESTED, WILL NOT BE REVISED
FOR THIS PERIOD. THE FIRMS LISTED BELOW HAVE BOTH A NON-MARKET
ECONOMY SEPARATE RATE AND ARE NOT SUBJECT TO THE REVIEW FOR THE
PERIOD 01/31/2008-07/31/2009. 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WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION FOR THE FIRMS LISTED
BELOW AT THE CASH-DEPOSIT OR BONDING RATE IN EFFECT AT THE TIME
OF ENTRY.

PRODUCT: LAMINATED WOVEN SACKS
COUNTRY: PEOPLE'S REPUBLIC OF CHINA
CASE NUMBER: A-570-916

PERIOD: 01/31/2008-07/31/2009

LIQUIDATE ALL ENTRIES FOR FIRMS LISTED BELOW:

EXPORTER: POLYWELL INDUSTRIAL CO., A.K.A. FIRST WAY (H.K.)
LIMITED
MANUFACTURER: POLYWELL PLASTIC PRODUCT FACTORY
COMPANY SPECIFIC CASE NUMBER A-570-916-003

EXPORTER: ZIBO LINZI WORUN PACKING PRODUCT CO., LTD.
MANUFACTURER: ZIBO LINZI WORUN PACKING PRODUCT CO., LTD.
COMPANY SPECIFIC CASE NUMBER A-570-916-004

EXPORTER: SHANDONG QIKAI PLASTICS PRODUCT CO., LTD.
MANUFACTURER: SHANDONG QIKAI PLASTICS PRODUCT CO., LTD.
COMPANY SPECIFIC CASE NUMBER A-570-916-005

EXPORTER: CHANGLE BAODU PLASTIC CO. LTD.
MANUFACTURER: CHANGLE BAODU PLASTIC CO. LTD.
COMPANY SPECIFIC CASE NUMBER A-570-916-006

EXPORTER: ZIBO LINZI SHUAIQIANG PLASTICS CO. LTD.
MANUFACTURER: ZIBO LINZI SHUAIQIANG PLASTICS CO. LTD.
COMPANY SPECIFIC CASE NUMBER A-570-916-007

EXPORTER: ZIBO LINZI QITIANLI PLASTIC FABRIC CO. LTD.
MANUFACTURER: ZIBO LINZI QITIANLI PLASTIC FABRIC CO. LTD.
COMPANY SPECIFIC CASE NUMBER A-570-916-008

EXPORTER: SHANDONG YOULIAN CO. LTD.
MANUFACTURER: SHANDONG YOULIAN CO. LTD.
COMPANY SPECIFIC CASE NUMBER A-570-916-009

EXPORTER: ZIBO LINZI LUITONG PLASTIC FABRIC CO. LTD.
MANUFACTURER: ZIBO LINZI LUITONG PLASTIC FABRIC CO. LTD.
COMPANY SPECIFIC CASE NUMBER A-570-916-010

EXPORTER: WENZHOU HOTSUN PLASTICS CO. LTD.
MANUFACTURER: WENZHOU HOTSUN PLASTICS CO. LTD.
COMPANY SPECIFIC CASE NUMBER A-570-916-011

EXPORTER: JIANGSU HOTSUN PLASTICS CO. LTD.
MANUFACTURER: JIANGSU HOTSUN PLASTICS CO. LTD.
COMPANY SPECIFIC CASE NUMBER A-570-916-012

EXPORTER: CANGNAN COLOR MAKE THE BAG
MANUFACTURER: CANGNAN COLOR MAKE THE BAG
COMPANY SPECIFIC CASE NUMBER A-570-916-013

EXPORTER: ZIBO QIGAO PLASTIC CEMENT CO. LTD.
MANUFACTURER: ZIBO QIGAO PLASTIC CEMENT CO. LTD.
COMPANY SPECIFIC CASE NUMBER A-570-916-014

3. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED

BY THIS INSTRUCTION.

4. ENTRIES OF MERCHANDISE OF FIRMS NOT LISTED ABOVE SHOULD NOT
BE LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER
COMPLETION OF THE ANTIDUMPING ADMINISTRATIVE REVIEW FOR THE
PERIOD 01/31/2008-07/31/2009. CONTINUE TO SUSPEND LIQUIDATION
OF ALL ENTRIES OF MERCHANDISE THAT WERE EXPORTED BY THE
UNLISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION DURING THIS PERIOD.

5. THE NOTICE OF LIFTING OF SUSPENSION OF LIQUIDATION FOR
ENTRIES OF SUBJECT MERCHANDISE FOR THE FIRMS LISTED ABOVE,
DURING THE PERIOD 01/31/2008 THROUGH 07/31/2009, OCCURRED WITH
THE PUBLICATION OF THE NOTICE OF INITIATION OF ADMINISTRATIVE
REVIEW FOR THE 08/2009 ANNIVERSARY MONTH (74 FR 48224,
09/22/2009).

FOR ALL OTHER SHIPMENTS OF LAMINATED WOVEN SACKS FROM THE
PEOPLE'S REPUBLIC OF CHINA, YOU SHALL, UNLESS OTHERWISE
INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES AT THE CURRENT CASH DEPOSIT RATES OR
PER-UNIT AMOUNTS.

6. 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. 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.

7. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD 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
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.

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 THE 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:CB)

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


CHRISTINE FURGASON