LIQUIDATION INSTRUCTIONS FOR RESCINDED NEW SHIPPER REVIEW OF CARBAZOLE VIOLET PIGMENT 23 FROM INDIA (A-533-838-003)

MESSAGE NO: 6132201 DATE: 05 12 2006 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 533 - 838 - - - - - - - - - - PERIOD COVERED: 12 01 2004 TO 11 30 2005 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTIONS FOR RESCINDED NEW SHIPPER REVIEW OF CARBAZOLE VIOLET PIGMENT 23 FROM INDIA (A-533-838-003) 1. ON JANUARY 27, 2006, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER A NOTICE ANNOUNCING THE INITIATION OF A NEW SHIPPER REVIEW OF THE ANTIDUMPING DUTY ORDER ON CARBAZOLE VIOLET PIGMENT 23 FROM INDIA FOR GHARDA CHEMICALS, LTD. (GHARDA), COVERING THE PERIOD 12/01/2004 THROUGH 11/30/2005 (71 FR 4569). 2. UPON INITIATION OF THIS NEW SHIPPER REVIEW, COMMERCE ASSIGNED GHARDA ITS OWN CASE NUMBER IN THE AD/CVD MODULE, SPECIFICALLY A-533-838-003, WITH A CASH-DEPOSIT OR BONDING RATE OF 27.48 PERCENT, THE ALL-OTHERS RATE. ON 05/09/2006, COMMERCE RESCINDED THE NEW SHIPPER REVIEW OF GHARDA (71 FR 26926). 3. THEREFORE, FOR SHIPMENTS OF CARBAZOLE VIOLET PIGMENT 23 FROM INDIA PRODUCED AND EXPORTED BY GHARDA AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 05/09/2006, THE CASH-DEPOSIT RATE FOR GHARDA IS THE ALL-OTHERS RATE OF 27.48 PERCENT. FURTHER, EFFECTIVE 05/09/2006, IMPORTERS MAY NO LONGER POST A BOND OR OTHER SECURITY IN LIEU OF A CASH DEPOSIT ON IMPORTS OF CARBAZOLE VIOLET PIGMENT 23 FROM INDIA FROM GHARDA. 4. IN ACCORDANCE WITH 19 CFR 351.212(c), FOR SHIPMENTS OF CARBAZOLE VIOLET PIGMENT 23 FROM INDIA PRODUCED AND EXPORTED BY GHARDA AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 12/01/2004 THROUGH 11/30/2005, YOU ARE TO ASSESS ANTIDUMPING DUTIES AT THE CASH-DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. 5 NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF THE MERCHANDISE FOR THE PERIOD LISTED ABOVE OCCURRED ON 05/09/2006, WITH THE PUBLICATION OF THE RESCISSION OF THE NEW SHIPPER REVIEW IN THE FEDERAL REGISTER (71 FR 26926). 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 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 CBP 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 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, 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 FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 8. 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 O5: DV). 9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA