LIQUIDATION INSTRUCTION FOR THE RESCISSION OF MALLEABLE CAST IRON PIPE FITTINGS FROM CHINA(EXCEPT THOSE SUBJECT TO INJUNCTION MESSAGE 7235201) (A-570-881)

MESSAGE NO: 8098206 DATE: 04 07 2008 CATEGORY: ADA TYPE: LIQ REFERENCE: 7235201 REFERENCE DATE: 08 23 2007 CASES: A - 570 - 881 - - - - - - - - - - PERIOD COVERED: 12 01 2006 TO 11 30 2007 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTION FOR THE RESCISSION OF MALLEABLE CAST IRON PIPE FITTINGS FROM CHINA(EXCEPT THOSE SUBJECT TO INJUNCTION MESSAGE 7235201) (A-570-881) 1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON MALLEABLE CAST IRON PIPE FITTINGS FROM THE PEOPLES REPUBLIC OF CHINA (A-570-881), COVERING THE PERIOD 12/01/2006 THROUGH 11/30/2007, HAS BEEN RESCINDED AT THE REQUEST OF BEIJING SAI LIN KE HARDWARE CO., LTD AND MUELLER COMERCIAL DE MEXICO, S. DE R.L.DE C.V. EXCEPT FOR ENTRIES OF SUBJECT MERCHANDSIE DESCRIBED IN PARAGRAPH 2, BELOW, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON ALL ENTRIES FOR ALL FIRMS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 12/01/2006 THROUGH 11/30/2007 AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. 2. MESSAGE NUMBER 7235201 DATED 8/23/2007 ADDRESSED AN INJUNCTION AGAINST LIQUIDATION OF CERTAIN ENTRIES OF GAS METER SWIVELS AND GAS METER NUTS WHICH ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON MALLEABLE IRON PIPE FITTINGS FROM THE PEOPLES REPUBLIC OF CHINA (A-570-881) IMPORTED INTO THE UNITED STATES BY SANGO INTERNATIONAL L.P. OR SANDY GOLGART SALES INC., D/B/A SGS MFG. THIS INJUCTION HAS NOT BEEN LIFTED. THEREFORE,IN ACCODANCE WITH THE INJUNCTION DO NOT LIQUIDATE ENTRIES OF GAS METER SWIVELS AND GAS METER NUTS (AS DESCRIBED IN MESSAGE NUMBER 7235201 DATED 8/23/2007) IMPORTED INTO THE UNITED STATES BY SANGO INTERNATIONAL L.P. OR SANDY GOLGART SALES INC., D/B/A SGS MFG. 3. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE (EXCEPT SUBJECT MERCHANDISE COVERED BY PARAGRAPH 2 ABOVE) FOR THE PERIOD LISTED ABOVE OCCURRED WITH THE PUBLICATION OF THE NOTICE OF THE RESCISSION OF THE ADMINISTRATIVE REVIEW (73 FR 9998, DATED 02/25/2008). YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES FOR ENTRIES. 4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY 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 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. 5. 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. 6. 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: MAW). 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. DAVID M.GENOVESE