LIQ. INSTRUCTIONS FOR BRAKE ROTORS FROM CHINA (A-570-846)

MESSAGE NO: 0349201 DATE: 12 14 2000 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 570 - 846 - - - - - - - - - - PERIOD COVERED: 04 01 1998 TO 03 31 1999 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL RE: LIQ. INSTRUCTIONS FOR BRAKE ROTORS FROM CHINA (A-570-846) THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. 1. ON OCTOBER 30, 2000 (65 FR 64664), THE DEPARTMENT OF COMMERCE RESCINDED IN PART THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON BRAKE ROTORS FROM THE PEOPLE'S REPUBLIC OF CHINA (PRC) COVERING THE PERIOD 4/1/1/1998 THROUGH 3/31/1999, WITH RESPECT TO THREE PRC EXPORTERS. THESE THREE PRC EXPORTERS ARE LONGJING WALKING TRACTOR WORKS FOREIGN TRADE IMPORT AND EXPORT CORPORATION (A-570-846-005), YANTAI CHEN FU MACHINERY CO., LTD. (A-570-846-027), AND ZIBO LUZHOU AUTOMOBILE PARTS CO. (A-570-846-026). 2. FOR ALL SHIPMENTS OF BRAKE ROTORS FROM THE PRC MADE BY OR EXPORTED BY LONGJING WALKING TRACTOR WORKS FOREIGN TRADE IMPORT AND EXPORT CORPORATION (A-570-846-005), IMPORTED BY OR SOLD TO (AS SHOWN ON THE COMMERCIAL INVOICE OR CUSTOMS DOCUMENT) ANY U.S. IMPORTER, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 4/1/1998 THROUGH 3/31/1999 AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. 3. FOR ALL SHIPMENTS OF BRAKE ROTORS FROM THE PRC MADE BY OR EXPORTED BY YANTAI CHEN FU MACHINERY CO., LTD. (A-570-846-027), IMPORTED BY OR SOLD TO (AS SHOWN ON THE COMMERCIAL INVOICE OR CUSTOMS DOCUMENT) ANY U.S. IMPORTER, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 4/1/1998 THOROUGH 3/31/1999 AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. 4. FOR ALL SHIPMENTS OF BRAKE ROTORS FROM THE PRC MADE BY OR EXPORTED BY ZIBO LUZHOU AUTOMOBILE PARTS CO. (A-570-846-026), IMPORTED BY OR SOLD TO (AS SHOWN ON THE COMMERCIAL INVOICE OR CUSTOMS DOCUMENTS) ANY U.S. IMPORTER, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 4/1/1998 THROUGH 3/31/1999 AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. 5. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES. 6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CUSTOMS PAY INTEREST ON OVERPAYMENTS AND 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, CUSTOMS SHOULD REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 351.402 OF THE COMMERCE DEPARTMENT 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 EXPORTER TO BE REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER DOES NOT RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, IMPORT OPERATIONS, ANTIDUMPING/COUNTERVAILING DUTY BRANCH USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT BRIAN SMITH OF THE OFFICE OF AD/CVD ENFORCEMENT GROUP I, OFFICE 2, IMPORT ADMINISTRATION, DEPARTMENT OF COMMERCE, AT (202) 482-1766. 9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ