MESSAGE NO: 6066212 DATE: 03 07 2006
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 891 - -
- - - -
- - - -

PERIOD COVERED: 02 01 2006 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: SCOPE RULING ON ANTIDUMPING DUTY ORDER ON HAND TRUCKS &
CERTAIN PARTS THEREOF FROM CHINA (A-570-891) ACCESSORY
CARTS FOR BREAKER HAMMERS ARE NOT WITHIN THE SCOPE

1. ON 2/1/06, IN RESPONSE TO A REQUEST BY CENTRAL PURCHASING,
LLC. ("CENTRAL PURCHASING"), THE DEPARTMENT OF COMMERCE ISSUED A
FINAL SCOPE RULING THAT CENTRAL PURCHASING'S ACCESSORY CARTS FOR
BREAKER HAMMERS ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY
ORDER COVERING HAND TRUCKS AND CERTAIN PARTS THEREOF FROM THE
PEOPLE'S REPUBLIC OF CHINA (A-570-891).

2. THE DEPARTMENT OF COMMERCE DETERMINED THAT THE ACCESSORY
CARTS FOR BREAKER HAMMERS DO NOT CONSTITUTE HAND TRUCKS AND
CERTAIN PARTS THEREOF, AND DO NOT OTHERWISE MEET THE DESCRIPTION
OF MERCHANDISE COVERED BY THIS ANTIDUMPING DUTY ORDER.
THEREFORE, THE ACCESSORY CARTS FOR BREAKER HAMMERS ARE NOT
WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING HAND
TRUCKS AND CERTAIN PARTS THEREOF FROM THE PEOPLE'S REPUBLIC OF
CHINA.

3. EFFECTIVE 2/1/06, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF THE ACCESSORY
CARTS FOR BREAKER HAMMERS, LISTED ABOVE.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY
BONDS RELATING TO THE ACCESSORY CARTS FOR BREAKER HAMMERS, LISTED
ABOVE.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ("CBP") ON 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 UNDER PAYMENTS, 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. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF HAND TRUCKS
AND CERTAIN PARTS THEREOF FROM THE PEOPLE'S REPUBLIC OF CHINA.

7. 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/CVC
ENFORCEMENT, IMPORT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY
08: HS).

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

CATHY SAUCEDA