LIQ INSTRUCTIONS FOR RESCISSION OF AD REVIEW OF CIRCULAR WELDED CARBON STEEL PIPES & TUBES FROM TAIWAN PRODUCED BY YIEH HSING (A-583-008-003) LOS 4/20/2009

MESSAGE NO: 9128203 DATE: 05 07 2009 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 583 - 008 - - - - - - - - - - PERIOD COVERED: 05 01 2007 TO 04 30 2008 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQ INSTRUCTIONS FOR RESCISSION OF AD REVIEW OF CIRCULAR WELDED CARBON STEEL PIPES & TUBES FROM TAIWAN PRODUCED BY YIEH HSING (A-583-008-003) LOS 4/20/2009 THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. 1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON CERTAIN CIRCULAR WELDED CARBON STEEL PIPES AND TUBES FROM TAIWAN (A-583-008), COVERING THE PERIOD 05/01/2007 THROUGH 04/30/2008, HAS BEEN RESCINDED FOR THE FIRM LISTED BELOW BECAUSE IT REPORTED TO THE DEPARTMENT OF COMMERCE THAT IT HAD NO SHIPMENTS OF SUBJECT MERCHANDISE DURING THE PERIOD. COMPANY: YIEH HSING ENTERPRISE CO., LTD. CASE NUMBER: A-583-008-003 2. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT REGULATION ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS OF CERTAIN CIRCULAR WELDED CARBON STEEL PIPES AND TUBES FROM TAIWAN PRODUCED BY YIEH HSING ENTERPRISE CO., LTD., ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 05/01/2007 THROUGH 04/30/2008, ASSESS ANTIDUMPING DUTIES AT THE CASH DEPOSIT RATE IN EFFECT ON THE DATE OF ENTRY FOR THE EXPORTER INVOLVED IN THE TRANSACTION IF THE EXPORTER WAS NOT YIEH HSING ENTERPRISE CO., LTD. AND THE EXPORTER HAD ITS OWN RATE. OTHERWISE, IF THE EXPORTER DID NOT HAVE ITS OWN RATE, ASSESS ANTIDUMPING DUTIES AT THE ALL OTHERS RATE IN EFFECT ON THE DATE OF ENTRY. THE ALL OTHERS RATE FOR CERTAIN CIRCULAR WELDED CARBON STEEL PIPES AND TUBES FROM TAIWAN IS 9.70 PERCENT. 3. 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 RESCISSION OF ADMINISTRATIVE REVIEW (74 FR 17950, 04/20/2009)). FOR ALL OTHER SHIPMENTS OF CERTAIN CIRCULAR WELDED CARBON STEEL PIPES AND TUBES FROM TAIWAN YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES. 4. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED BY THIS INSTRUCTION. 5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CBP ON SHIPMENTS OR 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 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 COMMERCE'S 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 THE 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:SB). 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CHRISTINE FURGASON