NOTICE OF LIFTING OF SUSPENSION OCCURRED ON THE MESSAGE DATE LISTED IN THESE INSTRUCTIONS.
SEE PARAGRAPH 5 BELOW.
1. COMMERCE RECEIVED A SCOPE RULING REQUEST FROM OSBORNE & LITTLE, INC. (“O&L INC.”).
COMMERCE ISSUED A FINAL SCOPE RULING ON 09/06/2011, THAT TWO TRIMMINGS IMPORTED BY O&L INC. (PATTERN # T51 SORANTO AND PATTERN # T52 ORMESINI) ARE NOT WITHIN THE SCOPE OF THE COUNTERVAILING DUTY ORDER COVERING NARROW WOVEN RIBBONS WITH WOVEN SELVEDGE (“NWR”) FROM THE PEOPLE'S REPUBLIC OF CHINA (C-570-953).
2. COMMERCE DETERMINED THAT O&L INC.'S TRIMMINGS (PATTERN # T51 SORANTO, AND PATTERN # T52 ORMESINI) ARE EXCLUDED FROM THE SCOPE OF THE NWR ORDER BECAUSE THEY INCLUDE RIBBONS THAT ARE NOT COMPOSED OF, IN WHOLE OR IN PART, MAN-MADE FIBERS (I.E., THE RIBBONS ARE MADE OF 100 PERCENT COTTON).
THEREFORE,
O&L INC.'S TRIMMINGS (PATTERN # T51 SORANTO AND PATTERN # T52 ORMESINI) ARE NOT WITHIN THE SCOPE OF THE COUNTERVAILING DUTY ORDER COVERING NARROW WOVEN RIBBONS WITH WOVEN SELVEDGE FROM THE PEOPLE'S REPUBLIC OF CHINA.
3. EFFECTIVE SEPTEMBER 1, 2010, TERMINATE SUSPENSION AND LIQUIDATE ALL UNLIQUIDATED ENTRIES ENTERED, OR WITHDRAWN FROM WAREHOUSE OF O&L INC.'S TRIMMINGS LISTED ABOVE.
4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS RELATING TO O&L INC.'S TRIMMINGS LISTED ABOVE.
5. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF O&L INC.'S TRIMMINGS (PATTERN # T51 SORANTO AND PATTERN # T52 ORMESINI) ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER SEPTEMBER 1, 2010.
6.THE ASSESSMENT OF COUNTERVAILING 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 COUNTERVAILING DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED COUNTERVAILING DUTIES BEFORE THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATED COUNTERVAILING 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. FOR ALL OTHER SHIPMENTS OF O&L INC.'S TRIMMINGS FROM THE PEOPLE'S REPUBLIC OF CHINA NOT COVERED BY PARAGRAPH #2 ABOVE, YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED COUNTERVAILING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.
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 O4:MZ).
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
MICHAEL B. WALSH