- Period Covered: 09/21/2004 to 02/28/2006
MESSAGE NO: 6284211
DATE: 10 11 2006
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 894
-
-
-
-
-
-
-
-
-
-
PERIOD COVERED:
09 21 2004
TO
02 28 2006
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQ. INST. & PARTIAL RESCISSION OF TISSUE PAPER
PRODUCTS FROM CHINA FOR LISTED FIRMS (A-570-894-000/
002/009/010) CLEO & TARGET ENJOINED 9/21/04-3/19/05
1.
THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
CERTAIN TISSUE PAPER PRODUCTS FROM THE PEOPLE'S REPUBLIC OF
CHINA (A-570-894), COVERING THE PERIOD 09/21/2004 THROUGH
2/28/2006, HAS BEEN RESCINDED IN PART AT THE REQUEST OF
PETITIONER.
THIS NOTICE OF PARTIAL RESCISSION WAS PUBLISHED IN
THE FEDERAL REGISTER ON SEPTEMBER 29, 2006.
IN ACCORDANCE WITH
SECTION 351.212(c) OF THE COMMERCE DEPARTMENT REGULATIONS YOU
ARE TO ASSESS ANTIDUMPING DUTIES ON THE MERCHANDISE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION BY THE COMPANY LISTED
BELOW DURING THE PERIOD LISTED BELOW AT THE CASH DEPOSIT OR
BONDING RATE REQUIRED AT THE TIME OF ENTRY.
CERTAIN TISSUE PAPER PRODUCTS FROM PEOPLE'S REPUBLIC OF CHINA
(A-570-894) PERIOD: 09/21/2004 THROUGH 2/28/2006
LIQUIDATE ALL ENTRIES FROM THE FOLLOWING FIRMS:
FUJIAN NAOSHAN PAPER INDUSTRY
A-570-894-002
GROUP CO. LTD.
FUZHOU MAGICPRO GIFTS CO.LTD.
A-570-894-009
GUILIN QIFENG PAPER CO.,LTD
A-570-894-010
(FORMERLY GUILIN PAPER MILL)
GOLDWING CO., LTD.
A-570-894-000
AR PRINTING AND PACKAGING
A-570-894-000
2.
NOTICE OF THE LIFTING OF SUSPENSION OR LIQUIDATION OF
ENTRIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE OCCURRED
WITH THE PUBLICATION OF THE PARTIAL RESCISSION NOTICE (71 FR
57471). YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.
3.
IN ASSESSING THE ANTIDUMPING DUTIES FOR SHIPMENTS MADE BY
THE EXPORTERS OR PRODUCERS DESCRIBED ABOVE IN PARAGRAPH 1,
PLEASE BE ADVISED THAT ANY ENTRIES OF CERTAIN TISSUE PAPER
PRODUCTS FROM THE PEOPLE'S REPUBLIC OF CHINA THAT WERE ENTERED,
OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION, BY OR ON BEHALF OF
CLEO INC. OR TARGET CORPORATION, ON OR AFTER 09/21/2004 THROUGH
03/19/2005 WILL REMAIN SUBJECT TO A PRELIMINARY INJUNCTION
ENJOINING LIQUIDATION OF ANY SUCH ENTRIES. ACCORDINGLY, UNTIL
FURTHER NOTICE, DO NOT LIQUIDATE SUCH ENTRIES OF SUBJECT
MERCHANDISE EXPORTED OR PRODUCED BY THE COMPANIES LISTED ABOVE
THAT WERE ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION,
BY OR ON BEHALF OF CLEO INC. OR TARGET CORPORATION, ON OR AFTER
09/21/2004 THROUGH 03/19/2005.
4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778
REQUIRES THAT CBP PAYS INTEREST ON OVERPAYMENTS, OR ASSESSES
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 OF PAYMENT OF
ESTIMATED ANTIDUMPING DUTIES 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.
5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED
IN SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT 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 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 RESPOND TO YOUR FORMAL REQUEST FOR THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD PRESUME
REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.
6. 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 OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O9:KBH).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA