• Period Covered: 10/01/2008 to 01/01/2009

MESSAGE NO: 9350006 DATE: 12 16 2009
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 822 - -
- - - -
- - - -

PERIOD COVERED: 10 01 2008 TO 01 01 2009

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NON-REVIEW LIQUIDATION INSTRUCTION FOR CERTAIN HELICAL
SPRING LOCK WASHERS FROMCHINA (A-570-822-002 THROUGH
A-570-822-008)

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 COMMERCE'S
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 10/01/2008 THROUGH 01/01/2009.

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MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION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: CERTAIN HELICAL SPRING LOCK WASHERS
COUNTRY: THE PEOPLE'S REPUBLIC OF CHINA
CASE NUMBER: A-570-822
PERIOD: 10/01/2008 - 01/01/2009

LIQUIDATE ALL ENTRIES FOR FIRMS LISTED BELOW:

COMPANY: ZWG/HANGZHOU VIA IFI MORGAN LTD.
CASE NUMBER: (A-570-822-002)

COMPANY: ZWG/HANGZHOU VIA CARWAY DEVELOPMENT LTD.
CASE NUMBER: (A-570-822-003)

COMPANY: ZWG/HANGZHOU VIA MIDWAY FASTENERS LTD.
CASE NUMBER: (A-570-822-004)

COMPANY: ZWG/HANGZHOU VIA LINKWELL INDUSTRY CO., LTD.
CASE NUMBER: (A-570-822-005)

COMPANY: ZWG/HANGZHOU VIA FASTWELL INDUSTRY CO., LTD.
CASE NUMBER: (A-570-822-006)

COMPANY: ZWG/HANGZHOU VIA SUNFAST INTERNATIONAL CORP.
CASE NUMBER: (A-570-822-007)

COMPANY: ZWG/HANGZHOU VIA WINNER STANDARD PARTS CO., LTD.
CASE NUMBER: (A-570-822-008)

NOTE THAT SUSPENSION OF LIQUIDATION ENDED ON 01/02/2009 FOR THE
COMPANIES LISTED ABOVE.

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 10/01/2008 THROUGH 01/01/2009. 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. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 10/01/2008
THROUGH 01/01/2009 OCCURRED WITH THE PUBLICATION OF THE NOTICE
OF INITIATION OF ADMINISTRATIVE REVIEW FOR THE 10/2009
ANNIVERSARY MONTH (74 FR 61658, 11/25/2009). FOR ALL OTHER
SHIPMENTS OF CERTAIN HELICAL SPRING LOCK WASHERS 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 O1:DL).

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


ALICE J. BUCHANAN