MESSAGE NO: 4021207 DATE: 01 21 2004
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 853 - -
- - - -
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PERIOD COVERED: 09 30 2002 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS AND AMENDMENT OF THE
ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF BULK
ASPIRIN FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-853)

1. ON DECEMBER 30, 2003, THE DEPARTMENT OF COMMERCE PUBLISHED A
NOTICE OF AMENDED FINAL DETERMINATION AND AMENDED ORDER PURSUANT
TO FINAL COURT DECISION (68 FR 75208).

2. AS A RESULT OF THIS AMENDED FINAL DETERMINATION, EFFECTIVE
SEPTEMBER 30, 2002 (THE DATE ON WHICH THE DEPARTMENT PUBLISHED A
NOTICE OF THE COURT DECISION (67 FR 61315)), JILIN HENGHE
PHARMACEUTICAL CO. ("JILIN") (A-570-853-001) IS EXCLUDED FROM THE
ANTIDUMPING DUTY ORDER AND NO SUSPENSION OF LIQUIDATION IS
REQUIRED. FOR ALL SHIPMENTS OF BULK ASPIRIN FROM THE PEOPLE'S
REPUBLIC OF CHINA ("PRC") PRODUCED AND EXPORTED BY JILIN HENGHE
PHARMACEUTICAL CO. ("JILIN") (A-570-853-001), CUSTOMS IS DIRECTED
TO DISCONTINUE ANY SUSPENSION OF LIQUIDATION FOR SHIPMENTS OF
BULK ASPIRIN ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER SEPTEMBER 30, 2002, AND REFUND ANY CASH
DEPOSIT. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF
1930 DO NOT APPLY TO ENTRIES BEFORE JULY 11, 2000, THE DATE OF
PUBLICATION OF THE ANTIDUMPING DUTY ORDER.

3. FOR ENTRIES OF SUBJECT MERCHANDISE PRODUCED OR EXPORTED BY
JILIN, ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER SEPTEMBER 30, 2002, LIQUIDATE, WITHOUT REGARD TO
ANTIDUMPING DUTIES.

4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF JILIN ENTRIES FOR THE MERCHANDISE
AND PERIOD LISTED ABOVE. FOR ALL OTHER SHIPMENTS OF BULK ASPIRIN
FROM THE PRC, YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE
MERCHANDISE AT THE CURRENT RATES.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE BUREAU OF CUSTOMS
AND BORDER PATROL ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO
THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION
778 REQUIRES THAT CUSTOMS 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.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THE IMPORTING PUBLIC, OR INTERESTED PARTIES PLEASE
CONTACT DAVINA HASHMI AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE AT (202) 482-0984 (GENERATED BY G1O1:BZ).

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

CATHY SAUCEDA