CORRECTION TO CASH DEPOSIT RATE FOR CASED PENCILS FROM CHINA, EXPORTED BY SHANGHAI LANSHENG (A-570-827-003) ON OR, AFTER05/06/1997

MESSAGE NO: 2081201 DATE: 03 22 2002 CATEGORY: ADA TYPE: COR REFERENCE: 8008114 REFERENCE DATE: 01 08 1998 CASES: A - 570 - 827 - - - - - - - - - - PERIOD COVERED: 03 22 2002 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: CORRECTION TO CASH DEPOSIT RATE FOR CASED PENCILS FROM CHINA, EXPORTED BY SHANGHAI LANSHENG (A-570-827-003) ON OR, AFTER05/06/1997 1. NOTE: THIS E-MAIL MESSAGE CORRECTS PRIOR E-MAIL MESSAGES NUMBERS 8324115, DATED 11/20/1997 AND 8008114, DATED 01/08/1998. 2. THE DEPARTMENT OF COMMERCE (THE DEPARTMENT) HAS UNDERTAKEN AN EXAMINATION OF THE ANTIDUMPING DUTY DEPOSIT RATES FOR SHANGHAI LANSHENG (A-570-827-003) THAT ARE CONTAINED IN THE ACS MODULE. AS A RESULT OF OUR EXAMINATION, WE HAVE FOUND THE FOLLOWING: ON 5/06/1997, THE DEPARTMENT PUBLISHED IN THE FEDERAL REGISTER (62 FR 24636) THE FINAL RESULTS OF ITS ADMINISTRATIVE REVIEW OF CERTAIN CASED PENCILS FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-827) FOR THE PERIOD 12/21/1994 THROUGH 11/30/1995. THESE FINAL RESULTS WERE AMENDED ON 07/08/1997, (62 FR 36491). AS A RESULT OF THIS REVIEW, WE WITHDREW SHANGHAI LANSHENG'S (A-570-827-003) SEPARATE RATE AND ASSIGNED IT THE PRC-WIDE RATE. ON 05/06/1997, THE PRC-WIDE RATE WAS 44.66 PERCENT. THE DEPARTMENT AMENDED THIS RATE TO 53.65 PERCENT ON 07/8/1997. HOWEVER, NEITHER OF THESE RATES WERE RECORDED IN THE MODULE FOR SHANGHAI LANSHENG (A-570-827-003). RATHER, THE MODULE CONTAINED THE RATE ASSIGNED TO SHANGHAI LANSHENG (A-570-827-003) IN THE DEPARTMENT'S INVESTIGATION OF CERTAIN CASED PENCILS FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-827), NAMELY 17.45 PERCENT. MOREOVER, ON 11/20/1997, THE DEPARTMENT ISSUED CASH DEPOSIT INSTRUCTIONS IN MESSAGE NUMBER 8324115 WHICH INCORRECTLY, REPEAT, INCORRECTLY INDICATED THAT THE CASH DEPOSIT RATE FOR SHANGHAI LANSHENG IS THE RATE PROVIDED IN THE MODULE AT THAT TIME, 17.45 PERCENT. 3. WE FOUND FURTHER THAT ON 01/07/1998, THE DEPARTMENT PUBLISHED IN THE FEDERAL REGISTER (63 FR 779) THE FINAL RESULTS OF ITS ADMINISTRATIVE REVIEW OF CERTAIN CASED PENCILS FROM THE PEOPLE'S REPUBLIC OF CHINA FOR THE PERIOD 12/01/1995 THROUGH 11/30/1996. AS A RESULT OF THIS REVIEW, SHANGHAI LANSHENG, WHICH DID NOT QUALIFY FOR A SEPARATE RATE, WAS AGAIN ASSIGNED THE PRC-WIDE RATE. AT THAT TIME, THE PRC-WIDE RATE WAS 53.65 PERCENT. HOWEVER, THIS RATE WAS NOT RECORDED IN THE MODULE FOR SHANGHAI LANSHENG AT THAT TIME. MOREOVER, ON 01/08/1998, THE DEPARTMENT ISSUED CASH DEPOSIT INSTRUCTIONS IN MESSAGE NUMBER 8008114 WHICH INCORRECTLY STATED THAT THE CASH DEPOSIT RATE FOR SHANGHAI LANSHENG IS 17.45 PERCENT. SHANGHAI LANSHENG HAS NOT BEEN REVIEWED SUBSEQUENT TO THE 12/01/1995-11/30/1996 REVIEW AND, THUS, SINCE 05/06/1997, ITS DEPOSIT RATE CONTINUES TO BE THE PRC-WIDE RATE. 4. CONSEQUENTLY, FOR ALL SHIPMENTS OF CERTAIN CASED PENCILS FROM THE PEOPLE'S REPUBLIC OF CHINA ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 05/06/1997, THE REQUIRED CASH DEPOSIT RATE FOR SHANGHAI LANSHENG IS THE PRC-WIDE RATE. THE PRC-WIDE RATE CHANGED FROM 44.66 PERCENT TO 53.65 PERCENT ON 07/08/97. AS OF THE DATE OF THIS MESSAGE, THE PRC-WIDE RATE IS 53.65 PERCENT.THE DEPARTMENT HAS UPDATED THE MODULE TO REFLECT THE ABOVE CORRECTION. 5. THIS CASH DEPOSIT REQUIREMENT WILL REMAIN IN EFFECT UNTIL SUCH TIME AS THE DEPARTMENT PUBLISHES THE NEXT FINAL RESULTS FOR AN ADMINISTRATIVE REVIEW OF CERTAIN CASED PENCILS FROM THE PEOPLE'S REPUBLIC OF CHINA. DO NOT LIQUIDATE ANY ENTRIES COVERED BY THE ANTIDUMPING DUTY ORDER ON CERTAIN CASED PENCILS FROM THE PEOPLE'S REPUBLIC OF CHINA UNTIL YOU HAVE RECEIVED LIQUIDATION INSTRUCTIONS FROM THE DEPARTMENT. 6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT PAUL STOLZ, OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-4474. 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ NOTE: THIS MESSAGE WAS INADVERTENTLY REMOVED FROM ADIL SO HAS BEEN REPOSTED TO ADIL ON NOVEMBER 28, 2009. THE ORIGINAL MESSAGE WAS SENT TO DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS, NOT DIRECTORS, FIELD OPERATIONS AND PORT DIRECTORS. DIRECTOR, TRADE ENFORCEMENT & CONTROL IS NOW SHOWN AS DIRECTOR, SPECIAL ENFORCEMENT. THE BALANCE OF THE TEXT AND INFORMATION REMAINS UNCHANGED AND MATCHES THE MESSAGE THAT STILL APPEARS ON THE ADD/CVD SEARCH APPLICATION ON CBP.GOV.