MESSAGE NO: 9320012 DATE: 11 16 2009
CATEGORY: CVD TYPE: LIQ
REFERENCE: 8262205 REFERENCE DATE: 09 18 2008
CASES: C - 570 - 913 - -
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PERIOD COVERED: 12 17 2007 TO 12 31 2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: AUTOMATIC LIQUIDATION INSTRUCTIONS FOR CERTAIN NEW
PNEUMATIC OFF-THE-ROAD TIRES FROM CHINA (C-570-913);
EXCEPT THE LISTED FIRMS. NO CVD 04/15/08 TO 09/04/08

1. COMMERCE DOES NOT AUTOMATICALLY CONDUCT ADMINISTRATIVE
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
REGUALATIONS.

2. COMMERCE HAS NOT RECEIVED A REQUEST FOR AN ADMINISTRATIVE
REVIEW OF THE COUNTERVAILING DUTY ORDER FOR THE PERIOD 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MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR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: CERTAIN NEW PNEUMATIC OFF-THE-ROAD TIRES
COUNTRY: THE PEOPLE'S REPUBLIC OF CHINA
CASE NUMBER: C-570-913
PERIOD: 12/17/2007 TO 12/31/2008

LIQUIDATE ALL ENTRIES FROM ALL FIRMS EXCEPT:

AEOLUS TYRE CO., LTD.
GUIZHOU TIRE CO., LTD. (C-570-913-001)
HANGHZOU ZHONGCE RUBBER CO., LTD.
HEBEI STARBRIGHT TIRE CO., LTD. (C-570-913-003)
JIANGSU FEICHI CO., LTD.
SHANDONG HUITONG TYRE CO., LTD.

TIANJIN UNITED TIRE RUBBER INTERNATIONAL CO., LTD.
(C-570-913-002)
TIANJIN WANDA TYRE GROUP
TRIANGLE TYRE CO., LTD.

SOME OR ALL ENTRIES FOR THE ENTITIES LISTED ABOVE MAY HAVE
ENTERED UNDER C-570-913-000.

3. SHIPMENTS OF THIS MERCHANDISE ENTERED OR WITHDRAWN FROM
WAREHOUSE ON OR AFTER 04/15/2008 AND ON OR BEFORE 09/04/2008
SHOULD BE LIQUIDATED WITHOUT REGARD TO COUNTERVAILING DUTIES.
SEE MESSAGE 8113204, DATED 04/22/2008, AND MESSAGE 8262205,
DATED 09/18/2008.

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LISTED FIRMS AND ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR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 LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF SUBJECT MERCHANDISE DURING THE PERIOD 12/17/2007 TO
12/31/2008 OCCURRED WITH THE PUBLICATION OF THE INITIATION OF
ADMINISTRATIVE REVIEW FOR THE 09/2009 ANNIVERSARY MONTH (74 FR
54956; 10/26/2009). 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 OF THE U.S. CUSTOMS
AND BORDER PROTECTION (CBP) ON SHIPMENTS OR ENTRIES OF THIS
MERCHANIDSE 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 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 O6:JA).

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


FLORENCE V. CONSTANT