CORRECTION TO MESSAGE 0354203, DATED 12/19/2000 LIQ. INSTRUCTIONS FOR BRAKE ROTORS FROM CHINA (A-570-846)

MESSAGE NO: 1043212 DATE: 02 12 2001 CATEGORY: ADA TYPE: COR REFERENCE: 0354203 REFERENCE DATE: 12 19 2000 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: CORRECTION TO MESSAGE 0354203, DATED 12/19/2000 LIQ. INSTRUCTIONS FOR BRAKE ROTORS FROM CHINA (A-570-846) THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. 1. FOR ALL SHIPMENTS OF BRAKE ROTORS FROM THE PRC MADE BY CHINA NATIONAL INDUSTRIAL MACHINERY IMPORT AND EXPORT COMPANY (A-570-846-021), 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INVOICE OR CUSTOMS DOCUMENT) ANY U.S. IMPORTER, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD LISTED ABOVE AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. 2. FOR ALL SHIPMENTS OF BRAKE ROTORS FROM THE PRC MADE BY SHANDONG JIUYANG ENTERPRISE CORPORATION (A-570-846-004), 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INVOICE OR CUSTOMS DOCUMENT) ANY U.S. IMPORTER, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIODLISTED ABOVE AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. 3. FOR ALL SHIPMENTS OF BRAKE ROTORS FROM THE PRC MADE BY XIANGHE ZICHEN CASTING CO., LTD. (A-570-846-011), 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INVOICE OR CUSTOMS DOCUMENT) ANY U.S. IMPORTER,YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD LISTED ABOVE AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. 4.FOR ALL SHIPMENTS OF BRAKE ROTORS FROM THE PRC MADE BY SOUTHWEST TECHNICAL IMPORT AND EXPORT CORPORATION (A-570-846-010), IMPORTED BY ORSOLD 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INVOICE OR CUSTOMS DOCUMENT) ANY U.S. IMPORTER, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD LISTED ABOVE AT THE CASH DEPOSIT RATE REQUIRED AT THETIME OF ENTRY. 5. FOR ALL OTHER SHIPMENTS OF BRAKE ROTORS FROM THE PEOPLE'S REPUBLIC OF CHINA (PRC) MADE BY COMPANIES NOT MENTIONED ABOVE OR IN MESSAGE NUMBERS 0348203, 1003202, 0349201, 0350201, 0350202, 0350203, OR 0350204, WHICH ARE IMPORTED BY ANY IMPORTER, ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 04/01/1998 THROUGH 03/31/1999, ASSESS AN ANTIDUMPING LIABILITY OF 43.32 PERCENT OF THE ENTERED VALUE. 6. 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. 7. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CUSTOMS 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. 8.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. 9. 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 ONE, OFFICE II, IMPORT ADMINISTRATION, DEPARTMENT OF COMMERCE, AT (202) 482-1766. 10. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ