LIQUIDATION INSTRUCTIONS FOR HAND TRUCKS FROM CHINA (A-570-891) -000 WITH EXCEPTIONS, QINGDAO -001, AND SHANDONG -002

MESSAGE NO: 8210206 DATE: 07 28 2008 CATEGORY: ADA TYPE: LIQ REFERENCE: 8199209 REFERENCE DATE: 07 17 2008 CASES: A - 570 - 891 - - - - - - - - - - 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 INSTRUCTIONS FOR HAND TRUCKS FROM CHINA (A-570-891) -000 WITH EXCEPTIONS, QINGDAO -001, AND SHANDONG -002 1. FOR ALL SHIPMENTS OF HAND TRUCKS AND CERTAIN PARTS THEREOF FROM THE PEOPLE'S REPUBLIC OF CHINA EXPORTED BY THE ENTITY LISTED BELOW IN THIS PARAGRAPH (A-570-891-000), AND ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION, DURING THE PERIOD 12/01/2006 THROUGH 11/30/2007, ASSESS AN ANTIDUMPING LIABILITY OF THE PERCENTAGE OF THE ENTERED VALUE, AS LISTED BELOW (EXCEPT FOR THOSE ENTRIES UNDER A-570-891-000 OTHERWISE REFERENCED IN PARAGRAPH 1 OF MESSAGE NUMBER 8199209 (DATED 07/17/2008), IN PARAGRAPH 3 OF MESSAGE NUMBER 8206205 (DATED 07/24/2008), OR IN PARAGRAPH 3 BELOW). EXPORTER CUSTOMS ID NUMBER NME-WIDE RATE PRC-WIDE ENTITY A-570-891-000 383.60 PERCENT 2. FOR ALL SHIPMENTS OF HAND TRUCKS AND CERTAIN PARTS THEREOF FROM THE PEOPLE'S REPUBLIC OF CHINA ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION, DURING THE PERIOD 12/01/2006 THROUGH 11/30/2007, YOU ARE TO ASSESS ANTIDUMPING DUTIES AT THE PRC-WIDE ENTITY RATE OF 383.60 PERCENT OF ENTERED VALUE FOR THE FOLLOWING ENTITIES (WHICH LOST SEPARATE RATE STATUS, AND WERE RE-ASSIGNED TO THE PRC-WIDE ENTITY; SEE 72 FR 27287 (DATED 05/15/2007)). QINGDAO FUTURE TOOL (CUSTOMS ID NUMBER A-570-891-001) SHANDONG MACHINERY IMPORT AND EXPORT GROUP (CUSTOMS ID NUMBER A-570-891-002) 3. DO NOT LIQUIDATE ENTRIES FOR NEW-TEC INTEGRATION (XIAMEN) CO. FOR THE SIX MONTH PERIOD 12/01/2006 THROUGH 05/31/2007 UNTIL YOU RECEIVE SEPARATE INSTRUCTIONS PERTAINING TO SUCH ENTRIES. SEE PARAGRAPH 2 OF MESSAGE NUMBER 8199209 (DATED 07/17/2008). 4. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 12/01/2006 THROUGH 11/30/2007 OCCURRED WITH THE PUBLICATION OF THE RESCISSION OF THE ADMINISTRATIVE REVIEW FOR THAT PERIOD (73 FR 36300, DATED 06/26/2008). FOR ALL OTHER SHIPMENTS OF HAND TRUCKS AND CERTAIN PARTS THEREOF FROM THE PEOPLE'S REPUBLIC OF CHINA YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT CASH DEPOSIT RATE OR PER-UNIT AMOUNTS. 5. 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. 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. 6. 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. 7. 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 O7:DC) 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. DAVID M. GENOVESE