LIQUIDATION INSTRUCTIONS FOR CHROME-PLATED LUG NUTS FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-808)

MESSAGE NO: 4245203 DATE: 09 01 2004 CATEGORY: ADA TYPE: LIQ REFERENCE: 1038208 REFERENCE DATE: 02 07 2001 CASES: A - 570 - 808 - - - - - - - - - - PERIOD COVERED: 09 01 1994 TO 08 31 1995 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTIONS FOR CHROME-PLATED LUG NUTS FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-808) 1. FOR ALL SHIPMENTS OF CHROME-PLATED LUG NUTS FROM THE PEOPLE'S REPUBLIC OF CHINA (PRC) PRODUCED BY THE FIRMS LISTED BELOW, ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD SEPTEMBER 1, 1994 THROUGH AUGUST 31, 1995, ASSESS THE FOLLOWING ANTIDUMPING LIABILITY OF PERCENT OF THE ENTERED VALUE. FOR ALL SHIPMENTS OF CHROME-PLATED LUG NUTS FROM THE PRC PRODUCED BY ENTITIES OTHER THAN THE SPECIFIED FIRMS, AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIODS, ASSESS ANTIDUMPING DUTIES AT THE CASH DEPOSIT RATE IN EFFECT ON THE DATE OF ENTRY. PERIOD: SEPTEMBER 1, 1994 THROUGH AUGUST 31, 1995 MANUFACTURER/EXPORTER: MARGIN (PERCENT): RUDONG GREASE GUN FACTORY ALSO KNOWN AS JIANGSU RUDONG GREASE GUN FACTORY, ALSO KNOWN AS CHINA NANTONG HUANGHAI AUTO PARTS GROUP CO., LTD (A-570-808-003) 2.70 CHINA NATIONAL MACHINERY EQUIPMENT IMPORT EXPORT CORP., NANTONG BRANCH (A-570-808-002) 44.99 LIQUIDATE ALL ENTRIES FOR ALL FIRMS. 2. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIODS LISTED ABOVE. PLEASE NOTE THAT THE DEPARTMENT OF COMMERCE HAS REVOKED THE ANTIDUMPING ORDER ON CHROME-PLATED LUG NUTS FROM THE PRC EFFECTIVE JANUARY 1, 2000, AND TERMINATED THE SUSPENSION OF LIQUIDATION AS INDICATED IN MESSAGE NUMBER 1038208, DATED FEBRUARY 7, 2001. 3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY U.S. CUSTOMS AND BORDER PROTECTION (CBP) ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP 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. 4. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP 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 CERTIFIES THAT IT HAS AN AGREEMENT WITH THE EXPORTER TO BE REIMBURSED ANTIDUMPING DUTIES, CBP 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, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O6: AC-E). 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA