- Period Covered: 12/03/2007 to 12/31/2008
MESSAGE NO: 9286209
DATE: 10 13 2009
CATEGORY: CVD
TYPE: LIQ
REFERENCE: 8254201
REFERENCE DATE: 09 10 2008
CASES:
C - 570 - 917
-
-
-
-
-
-
-
-
-
-
PERIOD COVERED:
12 03 2007
TO
12 31 2008
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: AUTOMATIC LIQUIDATION INSTRUCTIONS FOR LAMINATED WOVEN
SACKS FROM CHINA (C-570-917); EXCEPT FRIM LISTED.
1. COMMERCE DOES NOT AUTOMATICALLY CONDUCT ADMINSTRATIVE
REVIEWS OF COUNTERVAILING 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. COMMERCE HAS NOT RECEIVED A REQUEST FOR AN ADMINSTRATIVE
REVIEW OF THE COUNTERVAILING DUTY ORDER FOR THE PERIODS AND ON
THE MERCHANDISE LISTED BELOW, EXCEPT FOR THE FIRMS NOTED.
THEREFORE, IN ACCORDANCE WITH SECTION 351.212 OF COMMERCE'S
REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES ON
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON
THE DATE OF ENTRY.
PRODUCT:
LAMINATED WOVEN SACKS
COUNTRY:
PEOPLE'S REPUBLIC OF CHINA
CASE NUMBER:
C-570-917
PERIOD:
12/03/2007 TO 12/31/2008
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
COMPANY:
CHANGSHU XINSHENG BAGS PRODUCING COMPANY LTD.
COMPANY:
ZIBO AIFUDI PLASTIC PACKAGING CO., LTD.
3. SHIPMENTS OF THIS MERCHANDISE ENTERED OR WITHDRAWN FROM
WAREHOUSE ON OR AFTER 04/01/08 AND BEFORE 08/05/08 SHOULD BE
LIQUIDATED WITHOUT REGARD TO COUNTERVAILING DUTIES.
SEE
MESSAGE 8109206, DATED 04/18/2008 AND 8254201, DATED 09/10/2008.
4. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED
BY THIS INSTRUCTION.
5. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF THE COUNTERVAILING DUTY REVIEW.
CONTINUE TO
SUSPEND LIQUIDATION OF ALL ENTRIES EXPORTED OR PRODUCED BY THE
LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION DURING THIS PERIOD.
6. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 12/03/2007
THROUGH 12/31/2008 OCCURRED WITH THE PUBLICATION OF THE NOTICE
OF INITIATION OF ADMINISTRATIVE REVIEW FOR THE 08/2009
ANNIVERSARY MONTH (74 FR 48224, 09/22/2009).
YOU SHALL
CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED COUNTERVAILING
DUTIES FOR SUBSEQUENT ENTRIES OF SUBJECT MERCHANDISE AT THE
CURRENT RATE.
7. THE ASSESSMENT OF COUNTERVAILING DUTIES BY CBP ON SHIPMENTS
OF 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
COUNTERVAILING DUTIES.
THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS
POSTED AS ESTIMATED COUNTERVAILING DUTIES BEFORE THE DATE OF
PUBLICATION OF THE COUNTERVAILING DUTY ORDER.
INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF
ESTIMATED COUNTERVAILING 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.
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, U.S. DEPARTMENT OF COMMERCE, AT (202)482-0984 OR
(202)482-3577, RESPECTIVELY (GENERATED BY O6: DK).
9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CHRISTINE FURGASON