• Effective Date: Sep 26, 2012
  • Period of Review: Jan 01, 2011 to Dec 31, 2011
  • Notice of Lifting of Suspension Date: Sep 26, 2012
  • Cite as: 77 FR 59168 • Cite date: Sep 26, 2012

1. Commerce does not automatically conduct administrative reviews of countervailing duty orders. Instead, reviews must be requested pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended, and in accordance with 19 CFR 351.213.

2. Commerce has not received a request for an administrative review of the countervailing duty order on laminated woven sacks from the People's Republic of China during the period 01/01/2011 through 12/31/2011. On 10/12/2012, Commerce issued automatic liquidation instructions with regard to this merchandise (see message 2286312). However, those instructions did not identify all relevant case numbers for merchandise produced in the PRC from fabric originating in third countries. Accordingly, we are issuing these instructions.

3. Therefore, in accordance with 19 CFR 351.212(c), you are to assess countervailing duties on laminated woven sacks produced in the PRC from fabric originating in a third country (see message 0327306, dated 11/23/2010) entered, or withdrawn from warehouse, for consumption during the period 01/01/2011 through 12/31/2011 (except for entries of LWS produced in the PRC from fabric that has a country of origin other than the PRC, exported by Zibo Aifudi Plastic Packaging Co., Ltd. and imported by AMS Associates Inc., D/B/A Shapiro Packaging, entered or withdrawn from warehouse, for consumption during the period 01/01/2011 through 03/17/2011, which are covered by separate liquidation instructions (see message 4318306, dated 11/14/2014)), at the cash deposit or bonding rate in effect on the date of entry. Liquidate all entries for all firms. Such entries may have been made under the following third country case numbers.

Country: Korea
Case number: C-580-864

Country: Hong Kong
Case number: C-582-805

Country: India
Case number: C-533-851

Country: Kyrgyzstan
Case number: C-463-505

Country: Pakistan
Case number: C-535-902

Country: Taiwan
Case number: C-583-847

Country: Vietnam
Case number: C-552-808

4. There are no injunctions applicable to the entries covered by this instruction.

5. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraphs 2 and 3, occurred with the publication of the notice of initiation of administrative review for the 08/2012 anniversary month (77 FR 59168, 09/26/2012). Unless instructed otherwise, for all other shipments of Laminated Woven Sacks from the People's Republic of China you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates.

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, as amended. 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. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OVII:TP.)

8. There are no restrictions on the release of this information.

Michael B. Walsh