LIQUIDATION INSTRUCTIONS FOR MALLEABLE CAST IRON PIPE FITTINGS FROM CHINA IMPORTED BY SANGO INTERNATIONAL L.P OR SANDY GOLGART SALES INC. (A-570-881); CT NO 05-00145

MESSAGE NO: 9254208 DATE: 09 11 2009 CATEGORY: ADA TYPE: LIQ REFERENCE: 9091201 REFERENCE DATE: 04 01 2009 CASES: A - 570 - 881 - - - - - - - - - - PERIOD COVERED: 04 25 2005 TO 11 30 2008 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTIONS FOR MALLEABLE CAST IRON PIPE FITTINGS FROM CHINA IMPORTED BY SANGO INTERNATIONAL L.P OR SANDY GOLGART SALES INC. (A-570-881); CT NO 05-00145 1. ON 06/04/2009, THE U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT (CAFC) ISSUED A FINAL DECISION IN THE CASE OF SANGO INTERNATIONAL L.P. v. UNITED STATES COURT NO. 05-00145. AS A RESULT OF THIS DECISION, THE INJUNCTION TO WHICH MESSAGE NUMBER 7235201 DATED 08/23/2007 REFERS, ENJOINING LIQUIDATION OF CERTAIN ENTRIES OF GAS METER SWIVELS AND GAS METER NUTS WHICH ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON MALLEABLE CAST 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. DISSOLVED ON 8/31/2009. 2. FOR SHIPMENTS GAS METER SWIVELS AND GAS METER NUTS THAT REMAIN UNLIQUIDATED AS A RESULT OF MESSAGE NUMBER 7235201 DATED 08/23/2007 AS REFERENCED IN MESSAGES 8098206, DATED 04/07/2008, 8105218, DATED 04/14/2008, 9055205, DATED 02/24/2009, 9090204, DATED 03/31/2009, 9091201, DATED 04/01/2009, ASSESS AN ANTIDUMPING LIABILITY AS LISTED BELOW. A. FOR ENTRIES OF GAS METER SWIVELS AND GAS METER NUTS IMPORTED INTO THE UNITED STATES BY SANGO INTERNATIONAL L.P. THAT ENTERED, OR WERE WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 04/25/2005 BUT PRIOR TO 12/01/2008, LIQUIDATE AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. B. FOR ENTRIES OF GAS METER SWIVELS AND GAS METER NUTS IMPORTED INTO THE UNITED STATES BY SANDY GOLGART SALES INC., D/B/A SGS MFG. THAT ENTERED OR WERE WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER 04/25/2005 BUT PRIOR TO 12/01/2008, LIQUIDATE AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. 3. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED BY THIS INSTRUCTION. 4. 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. 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 COMMERCES 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 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 O8:JCM)). 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CHRISTINE FURGASON