Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 7180206
DATE: 06 29 2007
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 890
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PERIOD COVERED:
06 24 2004
TO
12 31 2005
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION OF WOODEN BEDROOM FURNITURE FROM CHINA
PRODUCED BY GUANGZHOU MARIA YEE FURNISHINGS LTD, EXPORT
BY PYLA HK LTD & IMPORTED BY MARIA YEE INC. (A-570-890)
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
1.
ON APRIL 5, 2006, THE U.S. COURT OF INTERNATIONAL TRADE
(CIT) ISSUED A FINAL DECISION IN THE CASE OF GUANGZHOU MARIA YEE
FURNISHINGS LTD., ET AL. V. UNITED STATES COURT NO. 05-00065. AS
A RESULT OF THIS DECISION, THE INJUNCTION, TO WHICH MESSAGE
NUMBER 5075205 REFERS, ENJOINING LIQUIDATION OF ENTRIES WHICH
ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON WOODEN BEDROOM
FURNITURE FROM THE PEOPLE'S REPUBLIC OF CHINA, WHICH ENTERED OR
WERE WITHDRAWN FROM WAREHOUSE ON OR AFTER JUNE 24, 2004 AND
PRODUCED BY GUANGZHOU MARIA YEE FURNISHINGS, LTD., EXPORTED BY
PYLA HK LTD., AND IMPORTED BY MARIA YEE INC., DISSOLVED ON JUNE
4, 2006.
2.
FURTHER, AS A RESULT OF THE CIT'S DECISION, THE DEPARTMENT
AMENDED THE ANTIDUMPING DUTY ORDER ON WOODEN BEDROOM FURNITURE
FROM THE PEOPLE'S REPUBLIC OF CHINA WITH RESPECT TO MERCHANDISE
PRODUCED BY GUANGZHOU MARIA YEE FURNISHINGS, LTD., AND EXPORTED
BY PYLA HK LTD. THIS AMENDMENT WAS PUBLISHED ON JUNE 22, 2006 IN
THE FEDERAL REGISTER (71 FR 35870) AND CHANGED THE CASH DEPOSIT
RATE FOR MERCHANDISE PRODUCED BY GUANGZHOU MARIA YEE
FURNISHINGS, LTD., AND EXPORTED BY PYLA HK LTD. TO 6.65 PERCENT.
3.
THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
WOODEN BEDROOM FURNITURE FROM THE PEOPLE'S REPUBLIC OF CHINA (A-
570-890), COVERING THE PERIOD JUNE 24, 2004 THROUGH DECEMBER 31,
2005, HAS BEEN RESCINDED FOR GUANGZHOU MARIA YEE FURNISHINGS,
LTD., PYLA HK LTD.
FOR ALL SHIPMENTS OF WOODEN BEDROOM
FURNITURE FROM THE PEOPLE'S REPUBLIC OF CHINA PRODUCED BY
GUANGZHOU MARIA YEE FURNISHINGS, LTD., AND EXPORTED BY PYLA HK
LTD (A-570-890-133), IMPORTED BY, OR SOLD TO, MARIA YEE INC. (AS
INDICATED ON THE COMMERCIAL INVOICE OR CUSTOMS DOCUMENTATION),
AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING
THE PERIODS 06/24/2004 THROUGH 12/20/2004 AND 12/28/2004 THROUGH
12/31/2005, ASSESS AN ANTIDUMPING DUTY LIABILITY OF 6.65 PERCENT
OF THE ENTERED VALUE OF SUBJECT MERCHANDISE.
FOR ALL SHIPMENTS
OF WOODEN BEDROOM FURNITURE FROM THE PEOPLE'S REPUBLIC OF CHINA
PRODUCED BY GUANGZHOU MARIA YEE FURNISHINGS, LTD., AND EXPORTED
BY PYLA HK LTD., AND IMPORTED BY ENTITIES OTHER THAN MARIA YEE
INC., AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION
DURING THE PERIODS 06/24/2004 THROUGH 12/20/2004 AND 12/28/2004
THROUGH 12/31/2005, ASSESS ANTIDUMPING DUTIES AT THE CASH
DEPOSIT RATE IN EFFECT ON THE DATE OF ENTRY.
4.
IF A BOND OR CASH DEPOSIT WAS COLLECTED AS SECURITY FOR AN
ESTIMATED ANTIDUMPING DUTY FOR ANY SHIPMENT OF MERCHANDISE
DESCRIBED IN PARAGRAPH 1 THAT WAS ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 06/24/2004 THROUGH
12/20/2004, ASSESS A DUMPING LIABILITY EQUAL TO THE ABOVE
PERCENT OF THE ENTERED U.S. CUSTOMS AND BORDER PROTECTION ("CBP
") VALUE OR EQUAL TO THE AMOUNT OF THE BOND OR CASH DEPOSIT,
WHICHEVER IS LESS.
5.
LIQUIDATE ALL ENTRIES FROM DECEMBER 21, 2004 THROUGH
DECEMBER 27, 2004 WITHOUT REGARD TO DUMPING DUTIES.
6.
NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF THE MERCHANDISE FOR THE PERIOD LISTED ABOVE OCCURRED
WITH THE PUBLICATION OF THE NOTICE OF PRELIMINARY RESULTS AND
RESCISSION OF THE ADMINISTRATIVE REVIEW (72 FR 6201, FEBRUARY 9,
2007).
YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR THE MERCHANDISE AT 6.65%.
7.
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 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 WHICH WAS JANUARY 4, 2005.
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, 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 PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE
ANTIDUMPING DUTIES DUE.
9.
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
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O8:RAB).
CATHY SAUCEDA