MESSAGE NO: 9048203 DATE: 02 17 2009
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 891 - -
- - - -
- - - -

PERIOD COVERED: 12 01 2007 TO 11 30 2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTION FOR HAND TRUCKS AND CERTAIN
PARTS THEREOF FROM CHINA, QINGDAO XINGHUA GRP AND
FORMOSTPLAST/FORECARRY (A-570-891-006/008)

1. COMMERCE DOES NOT AUTOMATICALLY CONDUCT ADMINISTRATIVE
REVIEWS OF ANTIDUMPING FINDINGS/DUTY ORDERS. INSTEAD, REVIEWS
MUST BE REQUESTED PURSUANT TO SECTION 751(A)(1) OF THE TARIFF
ACT OF 1930 AND IN ACCORDANCE WITH SECTION 351.213 OF
COMMERCE'S REGULATIONS.

2. THE LIQUIDATION AND CASH-DEPOSIT RATES FOR FIRMS WITH A
NON-MARKET ECONOMY SEPARATE RATE, FOR WHICH AN ANTIDUMPING
ADMINISTRATIVE REVIEW WAS NOT REQUESTED, WILL NOT BE REVISED
FOR THIS PERIOD. THE FIRMS LISTED BELOW HAVE BOTH A NON-MARKET
ECONOMY SEPARATE RATE AND ARE NOT SUBJECT TO THE REVIEW FOR THE
PERIOD 12/01/2007 TO 11/30/2008. THEREFORE, IN ACCORDANCE WITH
SECTION 351.212(c) OF DEPARTMENT OF COMMERCE REGULATIONS, YOU
ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION FOR THE FIRMS LISTED
BELOW AT THE CASH-DEPOSIT OR BONDING RATE IN EFFECT AT THE TIME
OF ENTRY.

PRODUCT: HAND TRUCKS AND CERTAIN PARTS THEREOF
COUNTRY: PEOPLE'S REPUBLIC OF CHINA
CASE NUMBER: A-570-891
PERIOD 12/01/2007 TO 11/30/2008:

LIQUIDATE ALL ENTRIES FOR FIRMS LISTED BELOW:

COMPANY: QINGDAO XINGHUA GROUP CO. LTD.
CASE NUMBER: A-570-891-006

COMPANY: FORMOST PLASTICS & METALWORKS (JIAXING) CO.LTD.
PRODUCER) AND FORECARRY CORP. (EXPORTER)
CASE NUMBER: A-570-891-008

3. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED
BY THIS INSTRUCTION.

4. ENTRIES OF MERCHANDISE OF FIRMS NOT LISTED ABOVE SHOULD NOT
BE LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER
COMPLETION OF THE ANTIDUMPING ADMINISTRATIVE REVIEW FOR THE
PERIOD 12/01/2007-11/30/2008. CONTINUE TO SUSPEND LIQUIDATION
OF ALL ENTRIES OF MERCHANDISE THAT WERE EXPORTED BY THE
UNLISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION DURING THIS PERIOD.

5. THE NOTICE OF LIFTING OF SUSPENSION OF LIQUIDATION FOR
ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 12/01/2007
THROUGH 11/30/2008, OCCURRED WITH THE PUBLICATION OF THE NOTICE
OF INITIATION OF ADMINISTRATIVE REVIEW FOR THE 12/2008
ANNIVERSARY MONTH (74 FR 5821, 02/02/2009). FOR ALL OTHER
SHIPMENTS OF HAND TRUCKS AND CERTAIN PARTS THEREOF FROM THE
PEOPLE?S REPUBLIC OF CHINA, YOU SHALL, UNLESS OTHERWISE
INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES AT THE CURRENT CASH DEPOSIT RATES OR
PER-UNIT AMOUNTS.

6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY 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, 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.

7. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS
DESCRIBED IN SECTION 351.402(f)(2) OF COMMERCE?S 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 MANUFACTURER, PRODUCER, SELLER, OR
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 PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE
ANTIDUMPING DUTIES DUE.

8. 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 O7:DC).

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

DAVID M. GENOVESE