NOTIFICATION OF PARTIAL RECISSION OF ADMINISTRATIVE REVIEW OF AD ORDER OF AUTOMOTIVE REPLACEMENT GLASS WINDSHIELDS FROM CHINA-PRELIM. INJUNCTION (A-570-867)

MESSAGE NO: 3363201 DATE: 12 29 2003 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 570 - 867 - - - - - - - - - - PERIOD COVERED: 09 19 2001 TO 03 31 2003 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: NOTIFICATION OF PARTIAL RECISSION OF ADMINISTRATIVE REVIEW OF AD ORDER OF AUTOMOTIVE REPLACEMENT GLASS WINDSHIELDS FROM CHINA-PRELIM. INJUNCTION (A-570-867) 1. ON 7/31/2003, THE DEPARTMENT OF COMMERCE SENT MESSAGE NUMBER 3212201 INSTRUCTING CUSTOMS TO LIQUIDATE ALL ENTRIES EXCEPT THOSE FROM FIRMS ON WHOM COMMERCE HAD INITIATED AN ADMINISTRATIVE REVIEW OF THE ORDER ON AUTOMOTIVE REPLACEMENT GLASS WINDSHIELDS FROM CHINA (A-570-867). THE DEPARTMENT OF COMMERCE HAS SINCE PARTIALLY RESCINDED THE ADMINISTRATIVE REVIEW COVERING THE PERIOD 9/19/2001 THROUGH 3/31/2003 AT THE REQUEST OF SHENZEN CSG AUTOMOTIVE GLASS CO., LTD., (FORMERLY SHENZHEN BENXUN AUTO GLASS CO., LTD.) ("BENXUN") AND TCG INTERNATIONAL, INC. AND XINYI AUTOMOTIVE GLASS (SHENZHEN) COMPANY, LTD. BECAUSE THE DEPARTMENT DID NOT CONDUCT ANY SUCCESSOR IN INTEREST DETERMINATION FOR BENXUN'S NAME CHANGE, THE DEPARTMENT DID NOT DETERMINE THAT SHENZHEN CSG AUTOMOTIVE GLASS CO. LTD. IS ENTITLED TO RECEIVE BENXUN'S CASH DEPOSIT RATE. THEREFORE, LIQUIDATE ALL OF SHENZHEN CSG AUTOMOTIVE GLASS CO., LTD. ENTRIES AT THE CHINA WIDE RATE. CHINA-WIDE (ALL OTHERS) A-570-867-000 124.50% 2. THIS NOTICE OF RESCISSION WAS PUBLISHED IN THE FEDERAL REGISTER ON 9/08/2003. YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD LISTED BELOW FOR THE CASH DEPOSIT OR BONDING RATE REQUIRED AT THE TIME OF ENTRY. AUTOMOTIVE REPLACEMENT GLASS WINDSHIELDS FROM CHINA CASE NUMBER PERIOD SHENZHEN BENXUN AUTO GLASS CO., LTD (BENXUN) A-570-867-003 9/19/2001 3/31/2003 TCG INTERNATIONAL, INC. A-570-867-007 9/19/2001 3/31/2003 3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENDION OF LIQUIDATION OF ENTRIES 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. 4. ON 9/08/2003, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER A NOTICE OF PARTIAL RESCISSION OF THE ANTIDUMPING DUTY ADMINISTRATIVE REVIEW, RESCINDING THE ADMINISTRATIVE REVIEW COVERING THE PERIOD 2/12/2002 THROUGH 3/31/2003 FOR THE AUTOMOTIVE REPLACEMENT GLASS WINDSHIELDS FROM CHINA ORDER FOR XINYI AUTOMOTIVE GLASS (SHENZHEN) COMPANY, LTD. HOWEVER, ON SEPTEMBER 2, 2003, THE U.S. COURT OF INTERNATIONAL TRADE ISSUED A PRELIMINARY INJUNCTION ENJOINING LIQUIDATION OF CERTAIN ENTRIES WHICH ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON AUTOMOTIVE REPLACEMENT GLASS WINDSHIELDS FROM CHINA, MANUFACTURED OR EXPORTED BY XINYI FOR THE PERIOD 9/19/2001 THROUGH 3/31/2003. (SEE MESSAGE NUMBER 3252202) 5. ACCORDINGLY, UNTIL FURTHER NOTICE, DO NOT LIQUIDATE ENTRIES OF SUBJECT MERCHANDISE WHICH WAS PRODUCED OR EXPORTED BY XINYI AUTOMOTIVE GLASS (SHENZHEN) COMPANY, LTD AND WHICH WAS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 9/19/2001 THROUGH 3/31/2003. CONTINUE TO SUSPEND LIQUIDATION OF OTHER ENTRIES UNTIL LIQUIDATION INSTRUCTIONS ARE PROVIDED. ANY ENTRIES WHICH MAY BE SET FOR LIQUIDATION NEED TO BE UNSET IMMEDIATELY. XINYI AUTOMOTIVE GLASS (SHENZHEN) COMPANY, LIMITED A-570-867-002 9/19/2001 3/31/2003 6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CUSTOMS PAYS INTEREST ON OVERPAYMENTS. OR ASSESSES INTEREST ON UNDER PAYMENTS, 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 OF PAYMENT OF ESTIMATED ANTIDUMPING 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. 7. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES DUE IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER FAILS TO 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, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-3818 (GENERATED BY G309:JF). 9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA