MESSAGE NO: 9316004 DATE: 11 12 2009
CATEGORY: ADA TYPE: LIQ
REFERENCE: 7059216 REFERENCE DATE: 03 09 2007
CASES: A - 475 - 703 - -
- - - -
- - - -

PERIOD COVERED: 08 01 2004 TO 07 31 2005

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR GRANULARPOLYTETRA-
FLUOROETHYLENE RESIN FROM ITALYPRODUCED/EXPORTEDBY
SOLVAY SOLEXIS S.p.A. (A-475-703-001); CT NO 07-00037

1. ON 08/27/2009, THE U.S. COURT OF INTERNATIONAL TRADE (CIT)
ISSUED A FINAL DECISION IN THE CASE OF SOLVAY SOLEXIS S.p.A.
AND SOLVAY SOLEXIS, INC. V. UNITED STATES 07-00037.

AS A RESULT OF THIS DECISION, THE INJUNCTION TO WHICH MESSAGE
NUMBER 7059216 REFERS ENJOINING LIQUIDATION OF ENTRIES WHICH ARE
SUBJECT TO THE ANTIDUMPING DUTY ORDER ON GRANULAR
POLYTETRAFLUOROETHYLENE RESIN FROM ITALY FOR PERIOD 08/01/2004
THROUGH 07/31/2005 PRODUCED AND EXPORTED BY SOLVAY SOLEXIS
S.p.A. DISSOLVED ON 10/26/2009.

2. FOR ALL SHIPMENTS OF GRANULAR POLYTETRAFLUOROETHYLENE RESIN
FROM ITALY PRODUCED AND EXPORTED BY SOLVAY SOLEXIS S.p.A.,
IMPORTED BY SOLVAY SOLEXIS, INC., AND ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 08/01/2004
THROUGH 07/31/2005, ASSESS ANTIDUMPING LIABILITY OF 51.62
PERCENT OF THE ENTERED VALUE.

3. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT
REGULATION ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS OF
GRANULAR POLYTETRAFLUOROETHYLENE RESIN FROM ITALY, PRODUCED BY
SOLVAY SOLEXIS S.p.A. ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION DURING THE PERIOD 08/01/2004 THROUGH 07/31/2005,
ENTERED UNDER CASE NUMBER A-475-703-001, AND NOT COVERED BY
PARAGRAPH ONE, ASSESS ANTIDUMPING DUTIES AT THE ALL-OTHERS RATE
IN EFFECT ON THE DATE OF ENTRY. THE ALL-OTHERS RATE FOR
GRANULAR POLYTETRAFLUOROETHYLENE RESIN FROM ITALY IS 46.46
PERCENT.

4. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE
DURING THE PERIOD 08/01/2004 THROUGH 07/31/2005.

FOR ALL OTHER SHIPMENTS OF GRANULAR POLYTETRAFLUOROETHYLENE RESIN
FROM ITALY YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE
MERCHANDISE AT THE CURRENT RATES.

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

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 O1:MK).

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

FLORENCE V. CONSTANT