• Period Covered: 03/01/2008 to 02/28/2009

MESSAGE NO: 9317001 DATE: 11 13 2009
CATEGORY: ADA TYPE: LIQ
REFERENCE: 9170207 REFERENCE DATE: 06 19 2009
CASES: A - 570 - 894 A - 549 - 826
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PERIOD COVERED: 03 01 2008 TO 02 28 2009

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS BASED UPON PARTIAL RESCISSION
OF ADMIN. REVIEW OF ADD ON CERTAIN TISSUE PAPER PRODUCT
FROM CHINA (A-570-894/A-549-826-001)

1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
CERTAIN TISSUE PAPER PRODUCTS FROM THE PEOPLE'S REPUBLIC OF
CHINA (A-570-894), COVERING THE PERIOD 03/01/2008 THROUGH
02/28/2009, HAS BEEN RESCINDED FOR THE FIRM LISTED BELOW (74 FR
54030, 10/21/2009).

YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD
03/01/2008 THROUGH 02/28/2009 AT THE CASH DEPOSIT OR BONDING
REQUIRED AT THE TIME OF ENTRY. THE CASH DEPOSIT RATE FOR THE
FIRM LISTED BELOW, EFFECTIVE AS OF 10/21/2008, IS 112.64 PERCENT
PER MESSAGE NUMBER 9170207 (ISSUED ON 06/19/2009).

LIQUIDATE ALL ENTRIES FOR THE FOLLOWING FIRM:

SUNLAKE DECOR CO., LTD.
CASE NUMBER: A-549-826-001

THIS FIRM WAS ASSIGNED THAI CASE NUMBER A-549-826-001 IN
MESSAGE NUMBER 9170207 (ISSUED ON 06/19/2009) AS A RESULT OF
COMMERCE'S AFFIRMATIVE FINDING THAT IT CIRCUMVENTED THE ANTI-
DUMPING DUTY ORDER ON CERTAIN TISSUE PAPER PRODUCTS FROM THE
PEOPLE'S REPUBLIC OF CHINA BY EXPORTING FROM THAILAND TISSUE
PAPER PRODUCTS PRODUCED FROM PRC-ORIGIN JUMBO ROLLS AND/OR
SHEETS.

2. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF THE SUBJECT MERCHANDISE DURING THE PERIOD 03/01/2008
THROUGH 02/28/2009 OCCURRED WITH THE PUBLICATION OF THE NOTICE
OF PARTIAL RESCISSION OF THE ADMINISTRATIVE REVIEW (74 FR
54030, 10/21/2009). FOR ALL OTHER SHIPMENTS OF CERTAIN TISSUE
PAPER PRODUCTS 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 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 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 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
STATEMENTPRIOR 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 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 O2: BCS).

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


FLORENCE V. CONSTANT