MESSAGE NO: 9058205 DATE: 02 27 2009
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 886 - -
- - - -
- - - -

PERIOD COVERED: 08 01 2006 TO 07 31 2007

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR POLYETHYLENE RETAIL
CARRIER BAGS FROM CHINA, EXPORTED BY NME-WIDE ENTITIES
(A-570-886-000)

1. FOR ALL SHIPMENTS OF POLYETHYLENE RETAIL CARRIER BAGS FROM
THE PEOPLE'S REPUBLIC OF CHINA (PRC) EXPORTED BY THE ENTITY
LISTED BELOW, ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIOD 08/01/2006 THROUGH 07/31/2007,
ASSESS AN ANTIDUMPING LIABILITY OF THE PERCENTAGE OF THE
ENTERED VALUE, AS LISTED BELOW.

ENTITY: PRC-WIDE ENTITY
CASE NUMBER: A-570-886-000
FINAL RATE: 77.57 PERCENT

2. THE NOTICE OF LIFTING OF SUSPENSION OF LIQUIDATION FOR
ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 08/01/2006
THROUGH 07/31/2007 OCCURRED WITH THE PUBLICATION OF THE FINAL
RESULTS OF ADMINISTRATIVE REVIEW (74 FR 6857, 02/11/2009). FOR
ALL OTHER SHIPMENTS OF POLYETHYLENE RETAIL CARRIER BAGS FROM
THE PEOPLE'S REPUBLIC OF CHINA, YOU SHALL, UNLESS OTHERWISE
INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT CASH
DEPOSIT RATES.

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

4. 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.

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 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.

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 O5: KC).

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

DAVID M. GENOVESE