MESSAGE NO: 9363003 DATE: 12 29 2009
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 904 - -
- - - -
- - - -

PERIOD COVERED: 04 01 2009 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS BASED UPON ADD SCOPE RULING
ON CERTAIN ACTIVATED CARBON FROM CHINA (A-570-904);
ROLF C. HAGEN (USA) CORP (HAGEN)

1. COMMERCE RECEIVED A SCOPE RULING REQUEST FROM ROLF C. HAGEN
(USA) CORP(HAGEN). COMMERCE ISSUED A FINAL SCOPE RULING ON
12/07/2009, THAT THE FISH TANK FILTER PRODUCTS IMPORTED BY HAGEN
ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING
CERTAIN ACTIVATED CARBON FROM THE PEOPLE'S REPUBLIC OF CHINA
(PRC) (A-570-904).

2. COMMERCE DETERMINED THAT WHILE A SMALL AMOUNT OF ACTIVATED
CARBON EXISTS IN THE FISH TANK FILTER PRODUCTS IMPORTED BY HAGEN,
IT IS MERELY ONE OF SEVERAL FULLY INTEGRATED COMPONENTS, AND IS
NOT A STAND-ALONE PRODUCT BY ITSELF. THEREFORE, THE FISH TANK
FILTER PRODUCTS IMPORTED BY HAGEN ARE NOT WITHIN THE SCOPE OF THE
ANTIDUMPING DUTY ORDER COVERING CERTAIN ACTIVATED CARBON FROM THE
PRC.

3. EFFECTIVE 04/01/2009, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRIES ENTERED, OR WITHDRAWN FROM WAREHOUSE OF
THE FISH TANK FILTER PRODUCTS IMPORTED BY HAGEN LISTED ABOVE.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE FISH TANK FILTER PRODUCTS IMPORTED BY HAGEN
LISTED ABOVE.

5. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES OF THE FISH TANK FILTER
PRODUCTS IMPORTED BY HAGEN ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION ON OR AFTER 04/01/2009.

6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CBP ON SHIPMENTS OR
ENTRIES OFTHIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OFTHE 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. FOR ALL OTHER SHIPMENTS OF CERTAIN ACTIVATED CARBON FROM THE
PRC NOT COVERED BY PARAGRAPH #2 ABOVE, YOU SHALL, UNLESS
OTHERWISE INSTRUCTED,CONTINUE TO COLLECT CASH DEPOSITS OF
ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT
RATES.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THEIMPORTING 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 O9:JH).

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


ALICE J. BUCHANAN