MESSAGE NO: 6356202 DATE: 12 22 2006
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 583 - 837 - -
- - - -
- - - -

PERIOD COVERED: 07 01 2005 TO 06 30 2006

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: AUTOMATIC LIQUIDATION INSTRUCTIONS FOR POLYETHYLENE
TEREPHTHALATE (PET) FILM FROM TAIWAN (A-583-837)


1. THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY CONDUCTS
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY FINDINGS/ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION
351.213(b) OF THE COMMERCE REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY FINDING/ORDER FOR
THE PERIODS AND ON THE MERCHANDISE LISTED BELOW. THEREFORE, IN
ACCORDANCE WITH SECTION 351.212(c) OF THE COMMERCE DEPARTMENT
REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH
DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY.


POLYETHYLENE TEREPHTHALATE (PET) FILM PERIOD
FROM TAIWAN A-583-837

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 07/01/2005-06/30/2006


3. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 07/01/2005
THROUGH 06/30/2006 OCCURRED WITH THE PUBLICATION OF THE NOTICE OF
INITIATION OF ADMINISTRATIVE REVIEW (71 FR 51573, AUGUST 30,
2006). YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES OF THE SUBJECT
MERCHANDISE AT THE CURRENT RATES


4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE U.S. CUSTOMS
AND BORDER PROTECTION ("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 AND 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 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 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 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 04:SEF).

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

CATHY SAUCEDA