LIQ. INST. FOR THE PARTIAL RESCISSION OF ADMIN REVW OF ADD ORDER ON BRAKE ROTORS FROM CHINA MANUFACTURED &/OR EXPORTED BY A-570-846-002/009/014/015/029/044/051

MESSAGE NO: 7232202 DATE: 08 20 2007 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 570 - 846 - - - - - - - - - - PERIOD COVERED: 04 01 2005 TO 03 31 2006 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQ. INST. FOR THE PARTIAL RESCISSION OF ADMIN REVW OF ADD ORDER ON BRAKE ROTORS FROM CHINA MANUFACTURED &/OR EXPORTED BY A-570-846-002/009/014/015/029/044/051 1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON BRAKE ROTORS FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-846), COVERING THE PERIOD 04/01/2005 THROUGH 03/31/2006, HAS BEEN RESCINDED FOR THE FIRMS LISTED BELOW. YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 04/01/2005 THROUGH 03/31/2006 AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. LIQUIDATE ALL ENTRIES FOR THE FOLLOWING FIRMS: EXPORTED BY CHINA NATIONAL AUTOMOTIVE INDUSTRY IMPORT & EXPORT CORPORATION, AND MANUFACTURED BY ANY COMPANY OTHER THAN SHANDONG LAIZHOU CAPCO INDUSTRY A-570-846-002 EXPORTED BY LAIZHOU CAPCO, AND MANUFACTURED BY ANY COMPANY OTHER THAN LAIZHOU CAPCO A-570-846-014 EXPORTED BY LAIZHOU LUYUAN AUTOMOBILE FITTINGS CO. AND MANUFACTURED BY ANY COMPANY OTHER THAN LAIZHOU LUYUAN AUTOMOBILE FITTINGS CO., OR SHENYANG HONBASE MACHINERY CO., LTD. A-570-846-015 EXPORTED BY SHENYANG HONBASE MACHINERY CO., LTD. AND MANUFACTURED BY ANY COMPANY OTHER THAN LAIZHOU LUYUAN AUTOMOBILE FITTINGS CO., OR SHENYANG HONBASE MACHINERY CO., LTD. A-570-846-009 HONGFA MACHINERY (DALIAN) CO., LTD.A-570-846-029 XIANGHE XUMINGYUAN AUTO PARTS CO., LTD.A-570-846-044 LAIZHOU WALLY AUTOMOBILE CO., LTD.A-570-846-051 2. 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 THE PARTIAL RESCISSION OF THE ADMINISTRATIVE REVIEW (72 FR 42386, dated 08/02/2007). YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES. 3. 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 PAYS INTEREST ON OVERPAYMENTS OR ASSESS 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. 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 MANUFACTURER, PRODUCER, SELLER, OR 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. 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 OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O8: JCM). 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA