LIQUIDATION INSTRUCTIONS BASED UPON PARTIAL RESCISSION OF ADMIN. REVIEW OF ADD ON CERTAIN TISSUE PAPER PRODUCT FROM CHINA (A-570-894/A-549-826-001)

MESSAGE NO: 9317001 DATE: 11 13 2009 CATEGORY: ADA TYPE: LIQ REFERENCE: 9170207 REFERENCE DATE: 06 19 2009 CASES: A - 570 - 894 A - 549 - 826 - - - - - - - - PERIOD COVERED: 03 01 2008 TO 02 28 2009 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTIONS BASED UPON PARTIAL RESCISSION OF ADMIN. REVIEW OF ADD ON CERTAIN TISSUE PAPER PRODUCT FROM CHINA (A-570-894/A-549-826-001) 1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON CERTAIN TISSUE PAPER PRODUCTS FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-894), COVERING THE PERIOD 03/01/2008 THROUGH 02/28/2009, HAS BEEN RESCINDED FOR THE FIRM LISTED BELOW (74 FR 54030, 10/21/2009). YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 03/01/2008 THROUGH 02/28/2009 AT THE CASH DEPOSIT OR BONDING REQUIRED AT THE TIME OF ENTRY. THE CASH DEPOSIT RATE FOR THE FIRM LISTED BELOW, EFFECTIVE AS OF 10/21/2008, IS 112.64 PERCENT PER MESSAGE NUMBER 9170207 (ISSUED ON 06/19/2009). LIQUIDATE ALL ENTRIES FOR THE FOLLOWING FIRM: SUNLAKE DECOR CO., LTD. CASE NUMBER: A-549-826-001 THIS FIRM WAS ASSIGNED THAI CASE NUMBER A-549-826-001 IN MESSAGE NUMBER 9170207 (ISSUED ON 06/19/2009) AS A RESULT OF COMMERCE'S AFFIRMATIVE FINDING THAT IT CIRCUMVENTED THE ANTI- DUMPING DUTY ORDER ON CERTAIN TISSUE PAPER PRODUCTS FROM THE PEOPLE'S REPUBLIC OF CHINA BY EXPORTING FROM THAILAND TISSUE PAPER PRODUCTS PRODUCED FROM PRC-ORIGIN JUMBO ROLLS AND/OR SHEETS. 2. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF THE SUBJECT MERCHANDISE DURING THE PERIOD 03/01/2008 THROUGH 02/28/2009 OCCURRED WITH THE PUBLICATION OF THE NOTICE OF PARTIAL RESCISSION OF THE ADMINISTRATIVE REVIEW (74 FR 54030, 10/21/2009). FOR ALL OTHER SHIPMENTS OF CERTAIN TISSUE PAPER PRODUCTS 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 RATES. 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 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 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 STATEMENTPRIOR 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 O2: BCS). 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. FLORENCE V. CONSTANT