ME Boilerplate Instructions

Import Administration implements its decisions in AD/CVD proceedings by instructing U.S. Customs and Border Protection (CBP) to take certain actions. The table of contents includes most of the types of messages which IA analysts will prepare for their AD/CVD cases. Once a message is approved by the analyst’s manager, the following actions occur:

1. Individuals in the analyst’s office will “load” the message into ACE, CBP’s Automated Commercial Environment. It will be a “draft” instruction until CBP approves it and makes it “Active.”

2. CBP personnel will review the message and “reject” it if there are typographical errors or if they have concerns about the clarity of the instructions.

3. If there are no errors or after the analyst has resolved the rejection (the Customs Unit can assist in resolving rejections), CBP converts the status of the message to “Active” and “posts” the instruction in ACE for all port personnel to see.

4. Unless the message is exempt from disclosure to the public, CBP posts the message to the customhouse brokers’ electronic bulletin board, the Automated Broker Interface (ABI) filer administrative message board, and the Customs Electronic Bulletin Board (CEBB). The first is for any ABI filers, the last is available to the public on the internet (http://addcvd.cbp.gov).

5. After taking steps to make public versions of the “Active” message as necessary (put brackets around any business-proprietary information and delete the BPI from the public version), the analyst should .pdf the documents reflecting the “Active” message and put them on the record of the relevant proceeding using IA ACCESS.

Because CBP personnel will be implementing the instructions that IA analysts prepare, always refer to the Department of Commerce as “Commerce” because, from the point of view of a CBP employee, “the Department” is the Department of Homeland Security. Therefore, do not use “we” or “the Department” anywhere in your instructions. Instead, use “Commerce” when appropriate; the boilerplate instructions have been set up using “Commerce” when necessary.

The table of contents of the boilerplate instructions has hyperlinks to get you to the various instructions of the document. In order to get to the different sections, press the “control” key while clicking on the numbered title. This should take you to the numbered area in the boilerplate.

Case numbers

AD/CVD instructions are case-specific and specific to a certain period. Throughout this boilerplate package you will see A/C-xxx-xxx where you should put in the case number for the proceeding or A/C-xxx-xxx-xxx where you should insert company-specific case numbers. Here are some tips to help you use the case numbers correctly:

A. For certain countries the CBP country codes are different from the country codes used by Commerce. Some of the current codes that are different for CBP are Spain (470), Russia (462-1), Belarus (462-2), Moldova (464-1), and Turkmenistan (464-3). Analysts must use the CBP case number in all instructions to CBP.

B. Anytime you use the 10-digit format (A/C-xxx-xxx-xxx), you must ensure that the company name in your instruction is consistent with the company name in the applicable screen in ACE.

C. If you instruct CBP to liquidate entries under a 10-digit case number, you must be sure that the 10-digit case number was in effect during the period of review. For example, on 1/19/2011, you might publish the final results of review for Company A which covers the period 8/1/2008 through 7/31/2009. If this was the first review ever conducted for Company A, you will assign Company A its own case number in ACE (e.g., A-xxx-xxx-023). But that number is new as of 1/19/2011 and did not exist prior to the completion of the final results. Therefore, entries of merchandise from Company A may have entered under A-xxx-xxx-000 or another producer’s case number that was in effect during the period of review. Therefore, while for cash-deposit instructions you issue on 1/19/2011 you can identify the prospective cash-deposit rate for Company A as being applicable to A-xxx-xxx-023, for liquidation instructions you must not use that 10-digit case number and, instead, you should use language along the following lines in the liquidation paragraph of your instructions:

Company A did not have its own case number during the period of review; entries may have been made under A-xxx-xxx-000 or other company-specific case numbers.

You must also keep this situation in mind for any automatic liquidation instructions covering entries before 1/19/2011 when you list Company A as an excepted firm.

Interest Paragraph

Whenever the instructions concern liquidation of entries, you must also include the relevant interest paragraph. The boilerplate messages have been set up with the appropriate instructions but there may be instances where you should adjust that paragraph. In particular, if a bond was permitted instead of a requirement for a cash deposit, interest may not be due on the difference between the amount covered by the bond and the final assessment of duties. That is often the case with entries made in the earlier part of the first period of administrative review of an order but it can also happen where you are issuing liquidation instructions for entries made many years ago when there was not a cash-deposit requirement for AD entries made prior to a certain date. Where you have such situations, you may want to look at the following messages concerning steel wire rope from Japan as examples of language to use in your instructions to CBP concerning the applicability of the interest paragraph: 1166301 (6/15/2011), 1166308 (6/15/2011), and 1166309 (6/15/2011).

If you have any questions about the facts of your case and the relevance of the interest paragraph, consult with the Customs Unit and your staff attorney.

Headers

Every message must have a “header” when IA staff load the message into ACE. The header acts as a summary of the information in the message. The header contains the following information (who puts in the information is in parentheses):

1. Message number (CBP)

2. Date of the message (CBP)

3. Category – AD or CVD (IA)

4. Type – INI, PRE, FIN, etc. (IA)

5. Reference to earlier messages (IA) - see cautionary language below

6. Case number or numbers (IA)

7. Period covered (IA)

8. FR cite (IA)

9. FR cite date (IA)

10. Lifting of suspension (IA for most messages - see below)

11. Public or Non-public (IA)

12. Court case number (IA)

13. Name of drafter (IA)

A template of a header and information about the items to use in the TYPE and SUBTYPE fields is available for your use at document 42.

When adding references to earlier messages (item 5 in the list of header items above), be careful to be consistent in the security level of your message. If your message may not be released to the public because it contains business-proprietary information, you can refer to BPI messages in the reference field of the header. If your message is public, you must only refer to public messages in the reference field of the header. Putting the message number of a BPI message in the header of a public message will make the entire message proprietary even though there is no BPI in the body of the message.

Where the message constitutes notice of removal of suspension of liquidation (generally when using boilerplates 27c(1) and 27d), you should put the date the message is being loaded into ACE in the Lifting of suspension field of the header. While the date of the message is the date on which that notice occurs, we do not know when we load the message into ACE what the date of the message will be because CBP establishes the date of the message. While CBP has changed the date for some messages to be the same date as the date of the message, it does not always make that change. Therefore, there is language at the top of those boilerplates to remind CBP that the date of the message constitutes the date of the notice of removal of suspension of liquidation; if CBP does not change the date when it activates the message in ACE, the language in the note supersedes the incorrect date in the Lifting of suspension field of the header.

2. Descriptions of paragraphs in instructions

Recent as of September 29, 2011

Here are some general tips analysts can use to prepare instructions using this boilerplate document.

1. Paragraphs must be numbered in every instruction for ease of reference.

2. Replace all the fields in red with the appropriate information. Also, some of the boilerplate language in red will be appropriate without replacement for your instruction depending on the facts in your case. Before loading the message into ACE, be sure the font is all black and that everything you converted from red to black is appropriate for your particular case.

3. If you are making a correction to an existing message that has been posted in ACE, include the original message number in the header at “Reference” and include the number and date in the text of the correction message. If appropriate, identify the content of the correction (i.e., date, margins, etc.).

4. When instructed to insert the scope description, use the language from the relevant FR notice.

5. Although the boilerplates may only have one paragraph telling CBP to take certain actions, additional paragraphs may be necessary for clarity. Do not delete paragraphs without specific guidance in the boilerplate itself or, if you have a concern, contact the Customs Unit.

6. When listing company names in a message, do so in alphabetical order because users will be able to locate information more quickly.

7. Keep explanations as simple as possible. CBP officials reading the instruction have access to the Federal Register notice for a full explanation. The message is simply a set of instructions for CBP, not a full case history. If a situation is extremely complicated, the analyst should contact the Customs Unit for assistance prior to loading the instructions in ACE.

8. The next-to-the-last paragraph of each message names the contacts for CBP and Commerce. This collection of boilerplate messages contains the correct information. At the end of the contact paragraph, the IA drafter must fill in the appropriate information in the “generated by” parenthetical reference so that the Customs Unit can determine who prepared the message if there are questions from CBP. If you are an analyst in Office 5, for example, and your initials are SD, you would replace O#:initials with O5:SD.

9. The last paragraph states what restrictions, if any, apply. Every instruction to CBP must have a disclosure statement. The boilerplates have been set up with either a default statement that there are no restrictions on the release of the information in the message (e.g., initiations of investigations, cash deposit instructions, etc.) or, where the analyst must choose based on the facts of the case (e.g., certain liquidation instructions, scope decisions, etc.), the boilerplate will remind you to make a specific choice as follows:

Choose one of the two disclosure choices:

A. There are no restrictions on the release of this information.

B. This message may not be disclosed to the public.

If you choose B, you must include B at the top of the message before Paragraph 1 as well because the message contains BPI.

10. The name at the bottom of the message refers to a CBP official.

3. Items of interest

Recent as of September 29, 2011

General

Not all case situations fit every boilerplate instruction in this package. When drafting an instruction, you should first consult the latest boilerplate language. Also, if the current boilerplate language does not match your scenario, consider consulting examples of previously posted messages which you can find in ACE or on the CEBB at http://addcvd.cbp.gov/. Modify the example instruction (e.g., identification of producer and/or exporter) to fit the facts of the case.

Company roles

When you indicate in your instruction that a rate (cash deposit or assessment) applies to a company, you must also indicate whether it applies to 1) the exporter or the producer 2) the exporter and the producer, or 3) either/or, i.e., the exporter and/or the producer. This is an important aspect of each case as it affects how CBP should apply the rate. The company role (party indicator) must always be specified for each company and must be consistent throughout the instruction.

“Company-upload table”

In most cases, CBP requires a “company-upload table” for instructions that include reference to a company. The analyst must create the table using Excel; it will be uploaded via ACE into certain instructions. The Excel file should be saved as a “.csv” file; that is, it should be saved with a “.csv” extension. The Excel file must contain the following columns:

1) Company case number

· Dashes cannot be read in the “.csv” format so your case number should appear as Axxxxxx (e.g., A583831).

2) Rate (or per-unit amount)

· Just list the value and, upon upload, the percent or dollar sign will be added.

3) Party indicator

I = importer

M = manufacturer

E = exporter

S = sold to party

4) Party name

5) Party ID number (leave this section blank)

Be sure the upload file does not contain any leading blank rows or columns or any column titles; otherwise, errors will be returned upon attempting to load the file in ACE.

The company-upload table will be appended to the end of the “Active” message upon successful upload.

For a list of the type of instructions to be used with the company-upload table, refer to Customs Alert! 2 which can be found on the Customs Unit’s ITA Central site.

The company-upload table does not apply to other instructions, such as automatic liquidation or no-shipment inquiry instructions. This table is to be used in situations where “chain rates” do not exist (i.e., rates established for a particular producer and exporter combination). Otherwise, the table is to be used for both cash deposit and company-specific liquidation instructions where there is a unique party indicator for each 10-digit case number.

If there is not a unique party indicator for a given 10-digit case number (e.g., there is more than one importer associated with the manufacturer and/or exporter), then the company-upload table cannot be used and, instead, this information must be clear in the body of the message. If there was not a 10-digit case number in effect for a particular company during the period of review, do not include a company-upload table in your liquidation instructions for that period of review. Instead, use clear information in the body of the message.

If the company roles are for a producer or exporter, identify them as “produced or exported by” in the instruction. In the company-upload table, list the producer with an “M” designation and the exporter with an “E” designation on two separate lines (in two rows) with the same 10-digit case number. Apply this same methodology where the merchandise was “produced and/or exported by” certain companies.

Example A

Producer: Nantai Seko

Exporter: Helmut Sales, Inc.

Importer: Simmy Automotive Co.

Example B

Producer: Shotkey Sinks, Inc.

Exporter: Bathroom Vanity Exporters

Importer: Home Decorators

Importer: Porcelain Models and Showrooms

Example A above will have a unique party indicator for each company. Put this information in the company-upload table.

Example B above does not have a unique party indicator for the importer because there is more than one importer. Therefore, include this information in the body of the instruction using the format in the applicable boilerplate instruction and do not create a company-upload table.

Regardless of whether the company-upload table is applicable, all company roles need to be identified. Refer to the Company Roles Section above.

Be sure to view the instruction in .pdf format in ACE prior to submitting it to CBP to ensure the company-upload table has been appended to the instruction.

Injunctions

When preparing instructions to notify CBP about an injunction or temporary restraining order (TRO), keep in mind that they should reflect only the language in the court’s injunction. For instance, if the injunction refers only to an exporter, your instruction should refer only to an exporter, not both the producer and exporter (if you think that the injunction is incorrect with its reference to the company role, you should contact your case attorney). Similarly, if the injunction refers only to a producer or exporter and does not contain language pertaining to an importer, your instruction should not contain any language, generic or specific, to an importer; it should only refer to the producer and exporter.

The instruction must be a verbatim copy of the language used by the court in its order. The instruction must not reflect a broader pool of entries not covered by the injunction. The role of the parties covered by the injunction, e.g., producer or exporter, should be the same in both the injunction and the instruction to CBP.

Use of tenses

There may be instances where a case decision or rate applies specifically to one company or multiple companies. You should modify the language in your messages to account for the singular and plural tenses, as appropriate. Checking the red language in the boilerplates should help you in this regard.

Per-unit amounts

The standard language refers to the assessment of antidumping/countervailing duties by applying an ad valorem rate to the entered value of covered entries. If you have calculated a per-unit amount because you do not have a reliable entered value on which to base an ad valorem assessment rate, use the following language in your instructions:

1. For all shipments of product from country (choose) produced, exported, produced and/or exported by company, imported by or sold to (as indicated on the commercial invoice or customs documentation) customer or importer name, and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability equal to the amount per unit (identify whether metric ton, MT, kilogram, kg, piece, etc.) indicated below (or in the company-upload table if the facts of your case permit preparation of the table).

Use the following format when there are multiple importers or customers:

Importer or customer:

USD per unit:

Importer or customer:

USD per unit:

Importer or customer:

USD per unit:

Reseller paragraph (AD only)

On May 6, 2003, Commerce published in the Federal Register a notice concerning entries that may be subject to the policy for liquidating entries from resellers. A summary of this clarification is on IA’s website under “notice of clarification of automatic-liquidation regulation” dated May 1, 2003. You will find the reseller paragraph in a number of liquidation instructions. In general, the reseller paragraph should be used in all liquidation instructions, i.e., those in which you instruct CBP to liquidate entries at a specific rate for specific importers or customers except where you are instructing CBP to apply a single non-specific margin (e.g., as total AFA or where the respondent was not selected for individual examination). Currently, this paragraph is only applicable to instructions concerning AD orders on merchandise from market-economy countries.

If you have an injunction for a review which specifies importers or customers, promptly after notifying CBP of the injunction you should issue a “post-injunction reseller liquidation instruction” which is at boilerplate 27g. If you do not issue a “post-injunction reseller liquidation instruction,” the reseller entries will be deemed liquidated. Nevertheless, when the litigation is complete, if you did not issue a message similar to that which is at boilerplate 27g even though the injunction specified importer or customers such that reseller entries were not enjoined from liquidation, you should issue a reseller liquidation instruction using boilerplate 35 so that CBP has the information necessary to liquidate all applicable entries during the period of review.

4. Initiation

Recent as of September 29, 2011

Type: INI

Subtype:

Re: Initiation of antidumping/countervailing duty investigation(s) of product from country (A/C-xxx-xxx)

1. On mm/dd/yyyy, Commerce published in the Federal Register its initiation of the antidumping/countervailing duty investigation of product from country (xx FR xxxx).

2. Scope language-use language from the FR notice.

3. This investigation has been assigned investigation number A/C-xxx-xxx.

For investigations where the Commerce case number is different from the CBP case number, add the following sentence to paragraph 3:

For CBP purposes only, the investigation number A/C-xxx-xxx should be used.

4. 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 O#:initials).

5. There are no restrictions on the release of this information.

Michael B. Walsh

5. Affirmative preliminary determination (CVD)

See boilerplate instruction in separate CVD package.

5a. Notice of preliminary antidumping determination (AD)

Recent as of September 29, 2011

Type: PRE

Subtype: AFF

If you did not find critical circumstances in your preliminary determination, use this Re: line and paragraph 1.

Re: Notice of a preliminary determination in an antidumping duty investigation of product from country (A-xxx-xxx)

Use the following paragraph 1 for a preliminary determination with no postponement of the final AD determination and with no reference to critical circumstances:

1. On mm/dd/yyyy, Commerce published in the Federal Register its affirmative preliminary determination of sales at less than fair value in the antidumping duty investigation of product from country (xx FR xxxx).

Use the following paragraph 1 for a preliminary determination with postponement of final AD determination and with no reference to critical circumstances:

1. On mm/dd/yyyy, Commerce published in the Federal Register its affirmative preliminary determination of sales at less than fair value and postponement of the final determination in the antidumping duty investigation of product from country (xx FR xxxx).

If you made a determination of critical circumstances in your preliminary determination, use the following Re: line and the appropriate paragraph 1 in boilerplate 23.

Re: Notice of preliminary determination for product from country (A-xxx-xxx) and critical circumstances for –xxx, -xxx, etc.

2. The products covered by this investigation are described in message xxxxx dated mm/dd/yyyy. Insert the number and date of the message you sent concerning the initiation of the investigation. If the scope has changed over the course of the investigation, repeat the entire scope language and HTS numbers from your notice of preliminary determination which was published in the FR.

3. This investigation has been assigned investigation number A-xxx-xxx.

For investigations where the Commerce case number is different from the CBP case number, add the following sentence to paragraph 3:

For CBP purposes only, the investigation number A-xxx-xxx should be used.

Use the following paragraph when a combination (“chain”) rate is applicable to a certain producer and exporter combination. In this situation, do NOT include paragraph 5 below in your instruction.

4. For imports of product from country, CBP shall suspend liquidation of such shipments entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy. Effective mm/dd/yyyy, CBP shall require, for such entries, a cash deposit or the posting of a bond equal to the margins for the following producer and exporter combination:

Producer:

Exporter:

Case number: A-xxx-xxx-xxx

Cash deposit rate: xx.xx%

For shipments of subject merchandise from the producer or the exporter identified above in any other combination, cash deposits or bonds should be collected at the all-others rate in effect on the date of entry. The all-others rate currently in effect is xx.xx percent.

Use the following paragraph where the rate applies to entities where there is more than one party indicator. Label the company as a Producer or Exporter based on the information in your record.

Producer:

Exporter:

Case number: A-xxx-xxx-xxx

Cash deposit rate: xx.xx%

Use the following paragraph when a chain rate is not applicable:

The designation of “M” in the appended table applies where the merchandise was produced by, exported by, or produced and/or exported by the named company.

5. If any entries of this merchandise are exported by a firm other than the manufacturer, then the following instructions apply:

A. If the exporter of the subject merchandise does not have its own rate but the manufacturer has its own rate, the cash deposit or bonding rate will be the manufacturer’s rate.

B. Where neither the exporter nor the manufacturer has its own rate or the manufacturer is unknown, use the all-others rate of xx.xx percent to establish the cash deposit or bonding rate.

6. In accordance with T.D. 85-145, at the discretion of CBP, CBP officers may accept either a single–entry basic importation and entry bond or a continuous basic importation and entry bond only if the amount of the estimated antidumping duty is less than five percent ad valorem (or the equivalent). Otherwise, where the importer has the option to post a bond for estimated antidumping duties, CBP officers must require a single-entry basic importation and entry bond pursuant to T.D. 85-145. You are instructed to adhere to the requirements of T.D. 85-145 with respect to these bonding requirements.

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 O#:initials).

8. There are no restrictions on the release of this information.

Michael B. Walsh

5b. Amended preliminary determination (AD/CVD)

Recent as of September 29, 2011

Type: PRE

Subtype: AMD

Re: Notice of an amended preliminary determination in the antidumping/countervailing duty investigation of product from country (A/C-xxx-xxx)

1. Commerce has amended the preliminary determination in the antidumping/countervailing duty investigation on product from country. This amendment was published on mm/dd/yyyy in the Federal Register (xx FR xxxx) and changes the cash deposit rate for certain exporters/manufacturers.

3. For shipments of product from country entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (date of publication of the original prelim if the rate went down; date of publication of the amended prelim if rate went up), CBP shall require, for such entries, a cash deposit or the posting of a bond equal to the margins for the producer and/or exporter listed in the company-details table appended to the bottom of this message. For further information about this table, refer to section 3, items of interest, above.

Add the following paragraph only if the amended rates are lower than the original rates.

4. Instructions for granting a request for a refund on any overcollection will be issued in a separate message.

5. 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 O#:initials).

6. There are no restrictions on the release of this information.

Michael B. Walsh

6. Negative preliminary determination (AD)

Recent as of September 29, 2011

Type: PRE

Subtype: NEG

Re: Notice of negative preliminary determination in the antidumping duty investigation of product from country (A-xxx-xxx)

1. On mm/dd/yyyy, Commerce published in the Federal Register its preliminary determination of sales at not less than fair value in the antidumping duty investigation of product from country (xx FR xxxxx).

For a preliminary AD determination with postponement of final AD determination, paragraph 1 would read:

1. On mm/dd/yyyy, Commerce published in the Federal Register its preliminary determination of sales at not less than fair value and the postponement of the final determination in the antidumping duty investigation of product from country (xx FR xxxx).

3. This investigation has been assigned investigation number A-xxx-xxx.

For investigations where the Commerce case number is different from the CBP case number, add the following sentence to paragraph 3:

For CBP purposes only, the investigation number A-xxx-xxx should be used.

4. No suspension of liquidation is required at this time.

6. There are no restrictions on the release of this information.

Michael B. Walsh

7. Affirmative final determination (AD)

Recent as of September 29, 2011

Type: FIN

Subtype: AFF

Re: Notice of final determination in the antidumping duty investigation of product from country (A-xxx-xxx)

1. On mm/dd/yyyy, Commerce published in the Federal Register (xx FR xxxx) its final affirmative determination of sales at less-than-fair-value in the antidumping duty investigation of product from country (xx FR xxxx).

3. This investigation has been assigned investigation number A-xxx-xxx.

For investigations where the Commerce case number is different from the CBP case number, add the following sentence to paragraph 3:

For CBP purposes only, the investigation number A-xxx-xxx should be used.

Producer:

Exporter:

Case number: A-xxx-xxx-xxx

Cash deposit rate: xx.xx%

For shipments of subject merchandise from the producer and exporter identified above in any other combination, cash deposits or bonds should be collected at the all-others rate in effect on the date of entry. The all-others rate currently in effect is xx.xx percent.

Use the following paragraph where the rate applies to entities where there is more than one party indicator. Label the company as a Producer or Exporter based on the information in your records.

Producer:

Exporter:

Case number: A-xxx-xxx-xxx

Cash deposit rate: xx.xx%

Use the following paragraph when a chain rate is not applicable:

The designation of “M” in the appended table applies where the merchandise was produced by, exported by, or produced and/or exported by the named company.

5. If any entries of this merchandise are exported by a firm other than the manufacturer, then the following instructions apply:

A. If the exporter of the subject merchandise does not have its own rate but the manufacturer has its own rate, the cash deposit or bonding rate will be the manufacturer’s rate.

B. Where neither the exporter nor the manufacturer currently has its own rate or the manufacturer is unknown, use the all-others rate of xx.xx percent to establish the cash deposit or bonding rate.

8. There are no restrictions on the release of this information.

Michael B. Walsh

7a. Amended final determination (AD/CVD)

Recent as of September 29, 2011

Type: FIN

Subtype: AMD

Re: Notice of an amended final determination in the antidumping/countervailing duty investigation of product from country (A/C-xxx-xxx)

1. Commerce has amended the final determination in the antidumping/countervailing duty investigation on product from country. This amendment was published on mm/dd/yyyy in the Federal Register (xx FR xxxx) and changes the cash deposit rate for certain exporters/manufacturers.

3. For shipments of product from country entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (date of publication of the original final if the rate went down; date of publication of the amended final if rate went up), CBP shall require, for such entries, a cash deposit or the posting of a bond equal to the margins for the producer and/or exporter listed in the company-details table appended to the bottom of this message and listed below. For further information about this table, refer to section 3, items of interest, above.

Company

Case Number: A-xxx-xxx

Cash Deposit Rate: xx.xx%

All Others

Case Number: A-xxx-xxx

Cash Deposit Rate: xx.xx%

Add the following paragraph only if the amended rates are lower than the original rates.

4. Instructions for granting a request for a refund on any overcollection will be issued in a separate message.

6. There are no restrictions on the release of this information.

Michael B. Walsh

8. Negative final determination (AD)

Recent as of September 29, 2011

Type: FIN

Subtype: NEG

Re: Notice of a negative final determination in the antidumping duty investigation of product from country (A-xxx-xxx)

1. On mm/dd/yyyy, Commerce published in the Federal Register its final determination of sales at not less than fair value in the antidumping investigation of product from country (xx FR xxxx).

3. This investigation has been assigned investigation number A--xxx-xxx.

For investigations where the Commerce case number is different from the CBP case number, add the following sentence to paragraph 3:

For CBP purposes only, the investigation number A-xxx-xxx should be used.

4. Commerce found that no final margin/a de minimis margin of xx.xx percent exists with respect to product from country. Accordingly, CBP is directed to terminate the suspension of liquidation for shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (identify the date on which suspension of liquidation began; usually the date of the preliminary determination), to release any bond or other security, and to refund any cash deposits. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.

5. Notice of the lifting of suspension of liquidation of entries of merchandise entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (date of suspension of liquidation) occurred with the publication of the notice of final determination or amended final determination of investigation (xx FR xxxx, mm/dd/yyyy).

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 O#:initials).

7. There are no restrictions on the release of this information.

Michael B. Walsh

8a. Liquidation instruction for gap period during the less-than-fair-value investigation (AD)

Recent as of September 29, 2011

Type: LIQ

Subtype: GAP

This instruction is applicable to entries for which the suspension of liquidation continued after the expiration of the provisional-measures period during the less-than-fair-value investigation. This instruction applies to both market-economy and non-market economy cases. See boilerplate 13 for CVD cases.

Re: Gap period liquidation instructions for the antidumping duty investigation on product from country for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx)

This instruction constitutes notice of the lifting of suspension of liquidation (see paragraph 5 below).

1. In accordance with section 733(d) of the Tariff Act of 1930, as amended, Commerce shall order the suspension of liquidation of entries of merchandise subject to an antidumping duty investigation and shall order the collection of estimated duties for a temporary period (the provisional-measures period). When entries of subject merchandise continue to be suspended after the close of the provisional-measures period, Commerce must instruct CBP to terminate suspension and liquidate entries without regard to antidumping duties on such merchandise.

2. On mm/dd/yyyy (180 days after suspension of liquidation began), the provisional-measures period expired; suspension of liquidation of entries of subject merchandise may have continued.

3. Accordingly, for suspended entries of product from country that were entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy (day on which provisional-measures period expired) through mm/dd/yyyy (day prior to the ITC final determination), CBP should terminate the suspension of liquidation and liquidate the entries without regard to antidumping duties (i.e., release all bonds and refund all cash deposits).

4. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.

5. This instruction constitutes notice of the lifting of suspension of liquidation of entries of subject merchandise during the period mm/dd/yyyy through mm/dd/yyyy (use the dates in paragraph 3).

7. There are no restrictions on the release of this information.

Michael B. Walsh

Notes:

A. Paragraph 1 introduces the provisional-measures period in accordance with section 733(d) of the Tariff Act of 1930, as amended, for antidumping investigations. (This instruction is applicable only to merchandise that entered during the investigation stage of a case.)

B. Paragraph 2 specifies when the provisional-measures period expired in the case. This paragraph also tells CBP that suspension of liquidation of entries of subject merchandise may have occurred following the expiration of the period covered by provisional measures.

C. Paragraph 3 instructs CBP to terminate suspension for entries of the subject merchandise that were suspended after the expiration of the provisional-measures period and to liquidate without regard to AD duties.

D. Paragraph 5 indicates that this liquidation instruction constitutes the notice of lifting of suspension of liquidation.

9. Order instruction

Recent as of September 29, 2011

Type: ORD

Subtype:

Re: Antidumping/countervailing duty order on product from country (A/C-xxx-xxx)

1. On mm/dd/yyyy, Commerce published in the Federal Register its antidumping/countervailing duty order on product from country (xx FR xxxx).

2. The merchandise covered by the order is take language from FR notice. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to the order is dispositive. Be sure to use “covered by the order” or “excluded from the order” instead of “investigation.”

Below are three choices to use for paragraph 3 in this instruction depending on whether provisional measures have expired and when the ITC publishes its final determination in the Federal Register.

A. Use the following language when provisional measures did not expire while the investigation was underway and the ITC final determination is published in the Federal Register prior to publication of the order:

3. For imports of product from country, CBP shall continue to suspend liquidation of entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (the date on which the International Trade Commission published its final determination in the Federal Register). Effective mm/dd/yyyy (the date on which the ITC published its final determination in the Federal Register), CBP shall require a cash deposit equal to the margins/subsidy rates in effect at the time of entry.

B. Use the following language when provisional measures did expire while the investigation was underway and the ITC final determination is published in the Federal Register prior to publication of the order:

3. For imports of product from country, CBP shall resume suspension of liquidation of entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (the date on which the International Trade Commission published its final determination in the Federal Register). Effective mm/dd/yyyy (date of publication of the ITC final determination in the Federal Register), CBP shall require a cash deposit equal to the margins/subsidy rates in effect at the time of entry.

C. Use the following language when provisional measures did expire while the investigation was underway and the order has published but the ITC’s final determination has not yet published:

3. Until further notice, for imports of product from country, CBP shall not suspend liquidation of entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (date on which the provisional measures expired) in accordance with section 733(d) (AD) or 703(d) (CVD) of the Tariff Act of 1930, as amended, because the provisional-measures period has expired and the International Trade Commission has not yet published its final determination concerning imports of product from country in the Federal Register.

If you use choice C, you must issue another instruction to notify CBP to resume the suspension of liquidation and the collection of a cash deposit for estimated AD/CVD duties. Use boilerplate 9b entitled “Resumption of suspension and collection of cash” once you have the applicable ITC date.

5. There are no restrictions on the release of this information.

Michael B. Walsh

9a. Order with amended final

Recent as of September 29, 2011

Type: FNO

Subtype: AMD

Re: Antidumping/countervailing duty order in the investigation of product from country (A/C-xxx-xxx)

1. On mm/dd/yyyy, Commerce published in the Federal Register its antidumping/countervailing duty order and amended final determination in the investigation of product from country (xx FR xxxx). This is an amendment of certain instructions in message xxxxx on mm/dd/yyyy.

3. For imports of product from country, CBP shall suspend liquidation of such shipments entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy. Effective mm/dd/yyyy, CBP shall require, for such entries, a cash deposit (if the ITC final determination notice has already published in the Federal Register) or posting of a bond (if the ITC final determination notice has not yet published in the Federal Register) equal to the margins/subsidy rates for the following producer and exporter combination:

Producer:

Exporter:

Case number: A/C-xxx-xxx-xxx

Cash deposit/Subsidy rate: xx.xx%

For shipments of subject merchandise from the producer or exporter identified above in any other combination, a cash deposit (if the ITC final determination notice has already published in the Federal Register) or posting of a bond (if the ITC final determination notice has not yet published in the Federal Register) only should be collected at the all-others rate in effect on the date of entry.

Use the following paragraph where the rate applies to entities where there is more than one party indicator. Label the company as a Producer or Exporter based on the information in your record.

Producer:

Exporter:

Case number: A/C-xxx-xxx-xxx

Cash deposit/Subsidy rate: xx.xx%

Use the following paragraph when a chain rate is not applicable:

5. There are no restrictions on the release of this information.

Michael B. Walsh

9b. Resumption of suspension and collection of cash deposit

Recent as of September 29, 2011

Type: OTH

Subtype:

Use this instruction where provisional measures did expire and the ITC published in the Federal Register its final determination after publication of the antidumping/countervailing duty order. This instruction is connected with the use of choice C in paragraph 3 of the order instruction, boilerplate 9 above.

Re: Suspension of liquidation and requirement for cash deposit only concerning the antidumping/countervailing duty order on product from country (A/C-xxx-xxx)

1. On mm/dd/yyyy, Commerce published in the Federal Register its antidumping/countervailing duty order on product from country (xx FR xxxx). See also message number xxxxx (order message) dated mm/dd/yyyy. At that time, the International Trade Commission (ITC) had not yet published in the Federal Register its final determination in its investigation of product from country.

2. On mm/dd/yyyy, the ITC published in the Federal Register its final determination in its investigation of product from country. Accordingly, for imports of product from country, CBP shall suspend liquidation of entries of such merchandise which were entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (date of publication in the Federal Register of the ITC final determination). Further, CBP shall require a cash deposit equal to the margins/subsidy rates in effect at the time of entry.

3. 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 O#:initials).

4. There are no restrictions on the release of this information.

Michael B. Walsh

10. Petition withdrawn before preliminary determination

Recent as of September 29, 2011

Use this message if the petition is withdrawn before Commerce has ordered CBP to suspend liquidation on entries.

Type: TER

Subtype:

Re: Termination of the antidumping/countervailing duty investigation of product from country (A/C-xxx-xxx)

1. On mm/dd/yyyy, Commerce published in the Federal Register its antidumping/countervailing notice of termination of the antidumping/countervailing duty investigation of (A/C-xxx-xxx) (xx FR xxxx). The investigation has been terminated because the petition was withdrawn. All parties to the proceeding have been notified and the International Trade Commission has been consulted. Commerce has determined that this termination is in the public interest.

2. 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 O#:initials).

3. There are no restrictions on the release of this information.

Michael B. Walsh

10a. Petition withdrawn after preliminary determination

Recent as of September 29, 2011

Use this message if the withdrawal occurs after Commerce ordered the suspension of liquidation.

Type: LIQ

Subtype:

Re: Termination of the antidumping/countervailing duty investigation of product from country (A/C-xxx-xxx)

1. On mm/dd/yyyy, Commerce published in the Federal Register its notice of termination of the antidumping/countervailing duty investigation of product from country (A/C-xxx-xxx) (xx FR xxxxx). The investigation has been terminated because the petition was withdrawn. All parties to the proceeding have been notified and the International Trade Commission has been consulted. Commerce has determined that this termination is in the public interest.

2. CBP should discontinue the suspension of liquidation of entries of merchandise which were entered, or withdrawn from the warehouse, for consumption on or after mm/dd/yyyy (date of first suspension of liquidation of subject merchandise). Entries should be liquidated without regard for antidumping/countervailing duties. All estimated antidumping/countervailing duties deposited on entries of the subject merchandise shall be refunded and the bonds or other security released at the time of liquidation.

3. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.

4. Notice of the lifting of suspension of liquidation of entries of merchandise entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy occurred with the publication of the notice of termination of the antidumping/countervailing duty investigation (xx FR xxxx, mm/dd/yyyy).

6. There are no restrictions on the release of this information.

Michael B. Walsh

11. ITC negative preliminary determination

Recent as of September 29, 2011

Type: TER

Subtype:

Re: Termination of the antidumping/countervailing duty investigation of product from country (A/C-xxx-xxx)

1. On mm/dd/yyyy, the International Trade Commission (ITC) notified Commerce of the ITC’s negative preliminary determination in the antidumping/countervailing duty investigation of product from country. The antidumping/countervailing duty investigation of product from country has been terminated.

3. There are no restrictions on the release of this information.

Michael B. Walsh

12. ITC negative final determination

Recent as of September 29, 2011

Type: LIQ

Subtype:

Re: Termination of the antidumping/countervailing duty investigation of product from country (A/C-xxx-xxx)

1. On mm/dd/yyyy, the International Trade Commission (ITC) published in the Federal Register its negative final determination in the antidumping/countervailing duty investigation of product from country (A/C-xxx-xxx) (xx FR xxxx). The antidumping/countervailing duty investigation of product from country has been terminated.

2. CBP should discontinue the suspension of liquidation of entries of merchandise which were entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (date of first suspension of liquidation of subject merchandise). Entries should be liquidated without regard for antidumping/countervailing duties. All estimated antidumping/countervailing duties deposited on entries of the subject merchandise shall be refunded and bonds or other security released at the time of liquidation.

3. Notice of the lifting of suspension of liquidation of entries of merchandise entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (date of first suspension of liquidation of subject merchandise) occurred with the publication of the ITC’s notice of negative final determination of investigation (xx FR xxxx, mm/dd/yyyy).

4. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.

6. There are no restrictions on the release of this information.

Michael B. Walsh

12a. Liquidation following ITC notification of threat of material injury

Recent as of September 29, 2011

Type: LIQ

Subtype: TMI

Re: Liquidation following ITC notification of threat of material injury for product from country for the period before mm/dd/yyyy (date of publication of ITC’s final determination notice in the Federal Register) (A/C-xxx-xxx)

1. On mm/dd/yyyy, the International Trade Commission published in the Federal Register (xx FR xxxx, mm/dd/yyyy) its final determination notifying Commerce that imports of product from country threaten the U.S. industry with material injury or material retardation of the establishment of a U.S. industry.

2. In accordance with section 736(b)(2) (for AD cases) or 706(b)(2) (for CVD cases) of the Tariff Act of 1930, as amended, CBP should terminate the suspension of liquidation for all shipments of product from country that were entered, or withdrawn from warehouse, for consumption before mm/dd/yyyy (date of publication of ITC’s final determination notice in the Federal Register). All entries of subject merchandise that were entered, or withdrawn from warehouse, for consumption before mm/dd/yyyy (date of publication of ITC’s final determination notice in the Federal Register) should be liquidated without regard to antidumping/countervailing duties (i.e., release all bonds and return all cash deposits).

3. Notice of the lifting of suspension of liquidation of entries of merchandise entered, or withdrawn from warehouse, for consumption before mm/dd/yyyy (the date of publication of the ITC’s final determination notice in the Federal Register) occurred with the publication of the ITC’s final determination of its investigation (xx FR xxxx, mm/dd/yyyy). For all other shipments of product from country, continue to collect cash deposits of estimated antidumping/countervailing duties for the merchandise at the current rates unless instructed otherwise.

4. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.

6. There are no restrictions on the release of this information.

Michael B. Walsh

13. Termination of suspension of liquidation (CVD)

Recent as of September 29, 2011

See boilerplate instruction in separate CVD package.

14. CVD alignment with dumping

Recent as of September 29, 2011

See boilerplate instruction in separate CVD package.

15. CVD final determination and order published simultaneously

Recent as of September 29, 2011

See boilerplate instruction in separate CVD package.

16. Cash deposit instruction – one rate (CVD review)

Recent as of September 29, 2011

See boilerplate instruction in separate CVD package.

17. Cash deposit instruction following final results of an administrative review – multiple rates (CVD)

Recent as of September 29, 2011

See boilerplate instruction in separate CVD package.

18. Liquidation following final results of first administrative review (CVD)

Recent as of September 29, 2011

See boilerplate instruction in separate CVD package.

19. Liquidation following final results of an administrative review – one rate (CVD)

Recent as of September 29, 2011

See boilerplate instruction in separate CVD package.

20. Liquidation following final results of an administrative review – multiple rates (CVD)

Recent as of September 29, 2011

See boilerplate instruction in separate CVD package.

21. Automatic liquidation instruction for CVD cases

Recent as of September 29, 2011

See boilerplate instruction in separate CVD package.

22. Blank

23. Types of circumstances – special language for instructions

Recent as of September 29, 2011

Critical circumstances

Below are various paragraphs to use in instructions where Commerce has made or reversed a determination of critical circumstances. Add the appropriate paragraphs to the message you prepare (using boilerplates 5, 5a, 5b, 7, 7a, 9, or 9a) to instruct CBP to implement your preliminary and final determinations in investigations.

Determined prior to the preliminary determination

Type: OTH

Subtype:

Re: Preliminary affirmative determination of critical circumstances in the antidumping/countervailing duty investigation of product from country (A/C-xxx-xxx)

1. On mm/dd/yyyy, Commerce published in the Federal Register (xx FR xxxx) its affirmative preliminary determination of critical circumstances in the antidumping/countervailing duty investigation of product from country.

2. Commerce is scheduled to issue its preliminary determination in the antidumping/countervailing investigation of product from country by mm/dd/yyyy (signature date of the preliminary determination). At that time and if the determination is affirmative, Commerce will direct CBP to suspend liquidation of all appropriate entries of product from country that are entered, or withdrawn from warehouse, for consumption on or after 90 days before the date of publication in the Federal Register of the preliminary determination. CBP shall require a cash deposit or posting of a bond equal to the estimated preliminary dumping margin reflected in the preliminary determination published in the Federal Register.

3. The products covered by this investigation are described in message xxxxx dated mm/dd/yyyy. Insert the number and date of the message you sent concerning the initiation of the investigation. If the scope has changed over the course of the investigation, repeat the entire scope language and HTS numbers from your notice of preliminary determination of critical circumstances which was published in the FR.

4. This investigation has been assigned investigation number A/C-xxx-xxx.

For orders where the Commerce case number is different from the CBP case number, add the following sentence to paragraph 3:

For CBP purposes only, the case number A/C-xxx-xxx should be used.

6. There are no restrictions on the release of this information.

Michael B. Walsh

Determined at preliminary determination (AD)

Re: Preliminary determination of sales at less than fair value and critical circumstances in AD investigation of product from country (A-xxx-xxx)

1. On mm/dd/yyyy, Commerce published in the Federal Register (xx FR xxxx) its affirmative preliminary determination of sales at less than fair value and critical circumstances in the antidumping investigation of product from country.

2. Because Commerce determined that critical circumstances exist for imports of product from country from the producers and/or exporters listed below, CBP shall suspend liquidation of all appropriate entries of product from country that are entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (90 days before publication of the preliminary determination) which is 90 days before the date of publication of the preliminary determination in the Federal Register. Effective mm/dd/yyyy (same day), for entries of product from country from the producers and/or exporters listed below, CBP shall require a cash deposit or the posting of a bond equal to the following dumping margins:

Producer:

and/or

Exporter:

Case number: A-xxx-xxx-xxx

Cash deposit rate: xx.xx%

3. Commerce found that critical circumstances do not exist for imports of product from country from the producers and/or exporters listed below. For imports of product from country from the producers and/or exporters listed below CBP shall suspend liquidation of such entries which were entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (date of publication of the preliminary determination). Effective mm/dd/yyyy (same day), on entries of product from country from the producers and/or exporters listed below, CBP shall require a cash deposit or the posting of a bond equal to the following dumping margins:

Producer:

and/or

Exporter:

Case number: A-xxx-xxx-xxx

Cash deposit rate: xx.xx%

Determined at final (affirmative prelim)

Re: Final affirmative determination of critical circumstances in the antidumping duty investigation of product from country (A-xxx-xxx).

1. Commerce has determined that critical circumstances exist for imports of product from country from company name. CBP shall suspend liquidation of such shipments that are entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (use date you identified as the effective date in your final determination). Effective mm/dd/yyyy (use date you identified as the effective date in your final determination), for such entries, CBP shall require a cash deposit or the posting of a bond equal to the margins for the producers and/or exporters listed in the company-details table appended to the bottom of this message and as shown below:

Producer:

and/or

Exporter:

Case number: A-xxx-xxx-xxx

Cash deposit rate: xx.xx%

Determined at final (negative prelim)

1. Commerce has determined that critical circumstances exist for imports of product from country from company name. CBP shall suspend liquidation of such shipments that are entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy, which is 90 days before the date on which suspension of liquidation was first ordered for such entries. Effective mm/dd/yyyy, for such entries, CBP shall require a cash deposit or the posting of a bond equal to the margins for the producers and/or exporters listed in the company-details table appended to the bottom of this message and as shown below:

Producer:

and/or

Exporter:

Case number: A-xxx-xxx-xxx

Cash deposit rate: xx.xx%

Reversed at final by Commerce

1. Because Commerce has determined that critical circumstances do not exist for imports of product from country from company name, the retroactive suspension of liquidation ordered in message xxxxxxx dated mm/dd/yyyy (refer to your message for the preliminary determination of critical circumstances) is terminated. Accordingly, Commerce will direct CBP in separate instructions to terminate the suspension of liquidation for all shipments of product from country from company entered, or withdrawn from warehouse, for consumption, before mm/dd/yyyy (day before appropriate day to begin suspension of liquidation) and to refund any cash deposits and release any bonds or other security. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.

You will need to issue separate instructions to CBP to liquidate the entries suspended as a result of the preliminary determination of critical circumstances.

ITC determines negative critical circumstances

#. The U.S. International Trade Commission (ITC) determined that critical circumstances do not exist with respect to subject imports from country. As a result of the ITC’s negative determination of critical circumstances, Commerce will direct CBP in separate instructions to refund all cash deposits and release all bonds collected on entries of product from country which were entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (day suspension began for critical circumstances) and before mm/dd/yyyy (day on which suspension began without critical circumstances). The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.

#. For imports of product from country, CBP shall suspend liquidation of such shipments entered, or withdrawn from warehouse, for consumption on mm/dd/yyyy (day on which suspension began without critical circumstances). Effective mm/dd/yyyy (same day as in previous sentence), for such entries, CBP shall require cash deposit(s) equal to the margin(s) shown below:

Producer:

and/or

Exporter:

Case number: A-xxx-xxx-xxx

Cash deposit rate: xx.xx%

You will need to issue separate instructions to CBP to liquidate the entries suspended as a result of the preliminary determination of critical circumstances.

Special instructions

Company found to be de minimis in preliminary determination (AD)

Add the following paragraph to the message you create using boilerplate 5a or 5b, as appropriate. Be sure to number all paragraphs in your message.

#. Commerce found that a de minimis margin of xx.xx percent exists for imports of product from country that were manufactured and/or exported by company. Therefore, CBP shall not suspend liquidation of such shipments entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (date of publication of the preliminary notice).

Company found to be de minimis and excluded in final determination (AD)

Add the following paragraph to the message you create using boilerplate 7 or 7a, as appropriate. Be sure to number all paragraphs in your message.

#. Commerce found that no final margin exists with respect to merchandise produced and/or exported by company. Accordingly, Commerce will direct CBP in separate instructions to terminate the suspension of liquidation for all shipments of product from country from company entered, or withdrawn from warehouse, for consumption before mm/dd/yyyy (day before appropriate day to begin suspension of liquidation) and to refund any cash deposits and release any bonds or other security. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.

You will need to issue separate instructions to CBP to liquidate the entries suspended as a result of the preliminary determination of critical circumstances.

Company excluded from order (AD)

Add the following paragraph to the message you create using boilerplate 9 or 9a, as appropriate. Be sure to number all paragraphs in your message.

#. Commerce found that no final margin exists with respect to merchandise produced and/or exported by company. Accordingly, Commerce will direct CBP in separate instructions to terminate the suspension of liquidation for all shipments of product from country from company entered, or withdrawn from warehouse, for consumption, before mm/dd/yyyy (day before appropriate day to begin suspension of liquidation) and to refund any cash deposits and release any bonds or other security. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.

You will need to issue separate instructions to CBP to liquidate the entries suspended as a result of the preliminary determination of critical circumstances.

Companion CVD cases

Add the following language to messages for AD cases where there is a companion case.

#. Because of the companion countervailing duty investigation, Commerce has reduced the amount of antidumping duty deposit rate by the amount of the export subsidies found. This offset shall remain in effect until mm/dd/yyyy (day before Day 120 of suspension in the CVD investigation). After that date the full amount of the antidumping duty deposit shall be required. Add information about the unadjusted AD rate(s).

23a. Changed circumstances

Recent as of September 29, 2011

Type: OTH

Subtype:

Re: Final results of changed circumstances review – product from country (A/C-xxx-xxx)

1. On mm/dd/yyyy, Commerce published in the Federal Register (xx FR xxxx) its final results in the changed circumstances review of the antidumping/countervailing duty order on product from country (A/C-xxx-xxx).

2. Provide explanation of Commerce’s determination of changed circumstance in this paragraph.

3. Accordingly, for shipments of product from country which were entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (date of publication of final results of changed circumstances review unless another effective date was determined), CBP shall require a cash deposit for estimated antidumping/countervailing duties at the following rate:

Company Name

Case number: A/C-xxx-xxx-xxx

Cash deposit rate: xx.xx%

4. This cash deposit requirement shall remain in effect until further notice. Do not liquidate any entries of this merchandise until specific liquidation instructions are issued.

6. There are no restrictions on the release of this information.

Michael B. Walsh

24. Cash deposit instruction – new shipper review

Recent as of September 29, 2011

Type: NSR

Subtype:

Re: Cash deposit instructions for the new shipper review of product from country exported and/or produced by company name (A/C-xxx-xxx)

1. On mm/dd/yyyy, Commerce published in the Federal Register the final results of its new shipper review of the antidumping/countervailing duty order on product from country for the period mm/dd/yyyy through mm/dd/yyyy (A/C-xxx-xxx).

2. For shipments of subject merchandise from country entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (date of publication of final FR notice), the following cash deposit applies:

Combination rates usually apply following the completion of a new shipper review so you should use the following format for your cash deposit instructions:

Producer:

Exporter:

Case number: A/C-xxx-xxx-xxx

Cash deposit rate: xx.xx%

The cash deposit rate shown above applies only to the combination identified above. For shipments of merchandise produced and/or exported by company and company in any other combination, collect cash deposits at the all-others rate or country-wide rate in effect on the date of entry.

3. These cash deposit requirements will remain in effect until further notice. Do not liquidate any entries covered by this review until liquidation instructions are issued.

4. Effective mm/dd/yyyy (date of publication of final results) importers may no longer post a bond or other security in lieu of a cash deposit on imports of product (choose one) produced and exported by company OR produced by company and exported by company as permitted in message xxxxxxx dated mm/dd/yyyy (refer to the message allowing the bonding option).

6. There are no restrictions on the release of this information.

Michael B. Walsh

25. Cash deposit instruction (AD review)

Recent as of September 29, 2011

Type: ARF

Subtype:

Re: Cash deposit instructions for product from country (A-xxx-xxx)

1. Commerce has published in the Federal Register (xx FR xxxx) on mm/dd/yyyy the final results of its administrative review of certain manufacturers/exporters subject to the antidumping duty order on product from country for the period mm/dd/yyyy through mm/dd/yyyy.

2. As a result of Commerce’s review, the cash deposit rates have been revised for certain companies. Therefore, for shipments of product from country entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy, the required cash deposit has been revised as listed in the company-details table appended to the bottom of this message and as listed below.

Company Name

Case number: A-xxx-xxx-xxx

Cash deposit rate: xx.xx%

Company Name

Case number: A-xxx-xxx-xxx

Cash deposit rate: xx.xx%

The designation of “M” in the appended table applies where the merchandise was produced by, exported by, or produced and/or exported by the named company.

3. If any entries of merchandise are exported by a firm other than the manufacturer, then the following instructions apply:

A. If the exporter of the subject merchandise has its own rate, use the exporter’s rate to determine the cash deposit rate.

B. If the exporter of the subject merchandise does not have its own rate but the manufacturer has its own rate, the cash deposit rate will be the manufacturer’s rate.

C. Where neither the exporter nor the manufacturer currently has its own rate or the manufacturer is unknown, use the all-others rate for establishing the cash deposit rate.

4. For all manufacturers/exporters of product from country without their own rate, the cash deposit rate is xx.xx percent.

5. These cash deposit requirements shall remain in effect until further notice. Do not liquidate any entries of merchandise covered by the administrative review until specific liquidation instructions are issued.

7. There are no restrictions on the release of this information.

Michael B. Walsh

Notes:

A. Paragraph 2 refers to the company-upload table. You must attach such a table to your instruction and you must list the company-specific rate in the format as indicated in paragraph 2. For further information about this table, refer to section 3, items of interest, above.

B. Paragraph 3 is standard and required in all cash deposit instructions for market-economy AD cases.

26. Amended cash deposit instruction (AD)

Recent as of September 29, 2011

Type: ARF

Subtype: AMD

Re: Amended cash deposit instructions for product from country (A-xxx-xxx).

Ref: Message xxxxxxx dated mm/dd/yyyy

1. Commerce has amended the final results of its administrative review of the antidumping duty order on product from country for the period mm/dd/yyyy through mm/dd/yyyy. This amendment was published on mm/dd/yyyy in the Federal Register and changes the cash deposit rate for manufacturer(s)/exporter(s) as listed in the company-details table appended to the bottom of this message and as listed in paragraph 2.

2. For shipments of product from country entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (the date the original final results of review published), the amended cash deposit requirement is as follows:

Company name

Case number: A-xxx-xxx-xxx

Amended rate: xx.xx%

3. Instructions for granting a request for a refund on any overcollection or for collecting additional deposits will be issued in a separate message.

You must prepare the appropriate message(s) mentioned in paragraph 3 using boilerplate 39 (refund of deposit) or 41 (collection of additional deposit) and issue it promptly after CBP accepts this message so you can refer to it in the additional message(s).

4. These cash deposit requirements shall remain in effect until further notice.

5. Do not liquidate any entries of the merchandise covered by the administrative review until specific liquidation instructions are issued.

7. There are no restrictions on the release of this information.

Michael B. Walsh

Note:

Paragraph 2 refers to the company-upload table. You must attach such a table to your instructions and you must list the company-specific rate in the format indicated in paragraph 2. For further information about this table, refer to section 3, items of interest, above.

27a. Liquidation instruction (AD)

(First administrative review only w/anniversary month before May 2003.)

Recent as of November 16, 2011

Type: LIQ

Subtype: ADRV

These instructions are applicable to entries for which the anniversary month for requesting an administrative review was before May 2003.

Re: Liquidation instructions for product from country produced and/or exported by firm for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx-xxx)

Use the following format when there is only one importer or customer with a specific assessment rate:

1. For all shipments of product from country produced and/or (as applicable) exported by firm (A-xxx-xxx-xxx), imported by or sold to (as indicated on the commercial invoice or Customs documentation) importer or customer name, and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability of margin percent of the entered value. For all shipments of product from country produced by firm, imported by or sold to entities other than importer or customer name, and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess antidumping duties at the cash deposit or bonding rate in effect on the date of entry.

Use the following format when there are multiple importers or customers with specific assessment rates:

1. For all shipments of product from country produced and/or (as applicable) exported by firm (A-xxx-xxx-xxx), imported by or sold to (as indicated on the commercial invoice or Customs documentation) the firms listed below, and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability equal to the percentages listed below of the entered value. For all shipments of product from country produced by firm and imported by or sold to entities other than the firms listed below, assess antidumping duties at the cash deposit or bonding rate in effect on the date of entry.

Importer or customer: Name

Final rate: xx.xx%

Importer or customer: Name

Final rate: xx.xx%

Importer or customer: Name

Final rate: xx.xx%

2. If a bond or cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 1 that was entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy (date of suspension of liquidation – normally the date of the LTFV prelim) through mm/dd/yyyy (the day before the date of the publication of the ITC’s final injury determination), assess antidumping duty liabilities equal to the amount resulting from the application of paragraph 1 or equal to the amount of the bond or cash deposit, whichever is less.

If a separate liquidation message was issued for entries that remained suspended during the “gap” period (see boilerplate instruction #8a), then paragraph 3 should be inserted into your message; otherwise, be sure to renumber the paragraphs in your message.

3. Entries for the period mm/dd/yyyy (day on which provisional-measures period expired) through mm/dd/yyyy (day prior to the ITC final determination), should be liquidated via message xxxxxxx, dated mm/dd/yyyy.

4. Notice of the lifting of the suspension of liquidation for entries of subject merchandise covered by paragraph 1 occurred with the publication of the final results (or amended final results) of administrative review (xx FR xxxx, mm/dd/yyyy). Unless instructed otherwise, for all other shipments of product from country you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

5. There are no injunctions applicable to the entries covered by this instruction. If there is an injunction consult with the staff attorney on the appropriateness of issuing liquidation instructions.

5. The injunction(s) with court number(s) xx-xxxx discussed in message number xxxxxxx dated mm/dd/yyyy is (are) applicable to the entries exported or manufactured by exporter’s or manufacturer’s name and (if applicable) imported by importer’s name during the period mm/dd/yyyy through mm/dd/yyyy. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.

6. 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, as amended. 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 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.

7. Upon assessment of antidumping duties, CBP shall 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 shall double the antidumping duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP’s protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement. For AD cases with corresponding CVD cases use language in paragraph C under Notes below.

8. 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 O#:initials).

9. Choose one of the two disclosure choices:

A. There are no restrictions on the release of this information.

B. This message may not be disclosed to the public.

If you choose B, you must include B at the top of the message before Paragraph 1 as well because the message contains BPI.

Michael B. Walsh

Notes:

A. Paragraph 2 concerns the “cap” period under section 737(a) of the Act. For example: Your preliminary determination in the investigation was affirmative and suspension of liquidation began on January 19, 1997. The ITC issued its final determination of injury on July 24, 1997. Therefore, paragraph 2 will read as follows:

If a bond or cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 1 that was entered, or withdrawn from warehouse, for consumption during the period 01/19/1997 through 07/23/1997, assess antidumping liabilities equal to the amount resulting from application of paragraph 1 or equal to the amount of the bond or cash deposit, whichever is less.

B. Paragraph 3 provides information on the notice of the lifting of suspension of liquidation. Use this boilerplate only where there is no litigation for the review.

C. If the AD case has a corresponding CVD case, use the following language:

Upon assessment of antidumping duties, CBP shall 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 and/or countervailing duties, CBP shall double the antidumping duty and/or increase the antidumping duty by the amount of the countervailing duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP’s protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement.

27a(1). Liquidation instruction (AD)

(First administrative review only w/anniversary month after May 2003.)

Recent as of November 16, 2011

Type: LIQ

Subtype: ADRV

These instructions are applicable to all entries for which the anniversary month for requesting an administrative review of an antidumping duty order is May 2003 or later. Paragraphs 3 and 4 below do not apply to imports of merchandise from Non-Market-Economy countries subject to an antidumping duty order.

Re: Liquidation instructions for product from country produced and/or exported by firm for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx)

Use the following format when there is only one importer or customer with a specific assessment rate AND the respondent had a 10-digit case number during the period of review; add a company-upload table in this situation:

Use the following format when there is only one importer or customer with a specific assessment rate BUT the respondent did not have a 10-digit case number during the period of review; do not add a company-upload table in this situation:

1. For all shipments of product from country produced and/or (as applicable) exported by firm, imported by or sold to (as indicated on the commercial invoice or Customs documentation) importer or customer name, and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability of margin percent of the entered value. Firm did not have its own case number during the period of review; entries may have been made under A-xxx-xxx-000 or other company-specific case numbers.

Use the following format when there are multiple importers or customers with specific assessment rates; do not add a company-upload table in this situation:

Importer or customer: Name

Final rate: xx.xx%

Importer or customer: Name

Final rate: xx.xx%

Importer or customer: Name

Final rate: xx.xx%

2. If a bond or cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 1 that was entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy (date of suspension of liquidation – normally the date of the LTFV prelim) through mm/dd/yyyy (the day before the date of the ITC’s final injury determination), assess antidumping duty liabilities equal to the amount resulting from the application of paragraph 1 or equal to the amount of the bond or cash deposit, whichever is less.

3. As a result of Commerce’s clarification of its assessment regulation on 05/06/2003 (68 FR 23954), for all shipments of product from country produced by firm, entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, entered under case number A-xxx-xxx-xxx (use the company-specific number of the producer in ACE), and not covered by paragraph 1, assess antidumping duties at the all-others rate in effect on the date of entry. Do not specify that rate for instructions applicable to the first period of review because the all-others rate may have changed at various points in the investigation.

4. If a bond or cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 3 that was entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy (date of suspension of liquidation – normally the date of the LTFV prelim) through mm/dd/yyyy (the day before the date of the ITC’s final injury determination), assess antidumping liabilities equal to the all-others rate in effect on the date of entry or equal to the amount of the bond or cash deposit, whichever is less.

If a separate liquidation message was issued for entries that remained suspended during the “gap” period (see boilerplate instruction #8a), then paragraph 5 should be inserted into your message; otherwise, be sure to renumber the paragraphs in your message.

5. Entries for the period mm/dd/yyyy (day on which provisional-measures period expired) through mm/dd/yyyy (day prior to the ITC final determination), should be liquidated via message xxxxxxx, dated mm/dd/yyyy.

6. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraphs 1 and 3 occurred with the publication of the final results (or amended final results) of administrative review (xx FR xx, mm/dd/yyyy). Unless instructed otherwise, for all other shipments of product from country you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

7. There are no injunctions applicable to the entries covered by this instruction. If there is an injunction consult with the staff attorney on the appropriateness of issuing liquidation instructions.

7. The injunction(s) with court number(s) xx-xxxx discussed in message number xxxxxxx dated mm/dd/yyyy is (are) applicable to the entries exported or manufactured by exporter’s or manufacturer’s name and (if applicable) imported by importer’s name during the period mm/dd/yyyy through mm/dd/yyyy. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.

8. 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, as amended. 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.

9. Upon assessment of antidumping duties, CBP shall 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 shall double the antidumping duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP’s protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement. For AD cases with corresponding CVD cases use language in paragraph D under Notes below.

10. 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 O#:initials).

11. Choose one of the two disclosure choices:

A. There are no restrictions on the release of this information.

B. This message may not be disclosed to the public.

If you choose B, you must include B at the top of the message before Paragraph 1 as well because the message contains BPI.

Michael B. Walsh

Notes:

A. Paragraph 2 concerns the “cap” period under section 737(a) of the Act. For example, your preliminary determination in the investigation was affirmative and suspension of liquidation began on January 19, 2011. The ITC issued its final determination of injury on July 24, 2011. Therefore, paragraph 2 will read as follows:

If a bond or cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 1 that was entered, or withdrawn from warehouse, for consumption during the period 01/19/2011 through 07/23/2011, assess antidumping liabilities equal to the amount resulting from application of paragraph 1 or equal to the amount of the bond or cash deposit, whichever is less.

B. Paragraph 3 applies to entries that were entered under the reviewed producer’s CBP number and at the producer’s cash-deposit rate in effect on the date of entry according to Commerce’s standard cash-deposit hierarchy but that were not covered by the review because the producer did not know its merchandise was sold to the United States. Therefore, the reviewed producer did not report such sales or customers of such sales. As a result, the presumption we instructed CBP to make at the time of importation, i.e., to assume the producer had knowledge about the sales and to apply the producer’s rate if there is no cash-deposit rate in effect for the exporter, was invalidated during the process of the review of the producer.

In that situation, the reseller’s merchandise will not be liquidated at the assessment rate Commerce determines for the producer or automatically at the rate required as a deposit at the time of entry. The entries of merchandise from the reseller during the period of review will be liquidated at the all-others rate if there was no company-specific review of the reseller for that review period.

Paragraph 3 is applicable to all entries for which the anniversary month for requesting an administrative review of an antidumping duty order is May 2003 or later. See 68 FR 23954 (May 6, 2003).

C. Paragraph 4 also concerns the “cap period” under section 737(a) of the Act; the cap period is also applicable to entries which were entered under the reviewed producer’s CBP number and at the producer’s cash-deposit rate in effect on the date of entry according to Commerce’s standard cash-deposit hierarchy but which were not covered by the review because the producer did not know its merchandise was sold to the United States.

D. If the AD case has a corresponding CVD case, use the following language for paragraph 8:

27b. Liquidation instruction (AD)

(Second administrative reviews and beyond w/anniversary month before May 2003.)

Recent as of November 16, 2011

Type: LIQ

Subtype: ADRV

These instructions are applicable to entries for which the anniversary month for requesting an administrative review of an antidumping duty order was before May 2003.

Re: Liquidation instructions for product from country produced and/or exported by firm for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx).

Use the following format when there is only one importer or customer with a specific assessment rate:

1. For all shipments of product from country produced and/or (as applicable) exported by firm as listed in the company-details table appended to the bottom of this message, imported by or sold to (as indicated on the commercial invoice or Customs documentation) importer or customer name, and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability of margin percent of the entered value. For all shipments of product from country produced by firm, imported by or sold to entities other than importer or customer name, and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess antidumping duties at the cash deposit rate in effect on the date of the entry. For further information about this table, refer to section 3, items of interest, above.

Use the following format when there are multiple importers or customers with specific assessment rates:

1. For all shipments of product from country produced and/or (as applicable) exported by firm (A-xxx-xxx-xxx), imported by or sold to (as indicated on the commercial invoice or Customs documentation) the firms listed below, and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability equal to the percentages listed below of the entered value. For all shipments of product from country produced by firm and imported by entities other than the firms listed below, assess antidumping duties at the cash deposit or bonding rate in effect on the date of entry.

Importer or customer: Name

Final rate: xx.xx%

Importer or customer: Name

Final rate: xx.xx%

Importer or customer: Name

Final rate: xx.xx%

2. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 1 occurred with the publication of the final results (or amended final results) of administrative review (xx FR xxxx, mm/dd/yyyy). Unless instructed otherwise, for all other shipments of product from country you shall 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. If there is an injunction consult with the staff attorney on the appropriateness of issuing liquidation instructions.

3. The injunction(s) with court number(s) xx-xxxxx discussed in message number xxxxxxx dated mm/dd/yyyy is (are) applicable to the entries exported or manufactured by exporter’s or manufacturer’s name and (if applicable) imported by importer’s name during the period mm/dd/yyyy through mm/dd/yyyy. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.

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, as amended. 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 shall 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 shall double the antidumping duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP’s protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement. For AD cases with corresponding CVD cases use language in paragraph B under Notes below.

7. Choose one of the two disclosure choices:

A. There are no restrictions on the release of this information.

B. This message may not be disclosed to the public.

If you choose B, you must include B at the top of the message before Paragraph 1 as well because the message contains BPI.

Michael B. Walsh

Notes:

A. Paragraph 2 provides information on the notice of the lifting of suspension of liquidation. Use this instruction only where there is no litigation for the review.

B. If the AD case has a corresponding CVD case, use the following language for paragraph 5:

27b(1). Liquidation instructions (AD)

(Second administrative reviews and beyond w/anniversary month after May 2003.)

Recent as of November 16, 2011

Type: LIQ

Subtype: ADRV

These instructions are applicable to all entries for which the anniversary month for requesting an administrative of an antidumping duty order is May 2003 or later. Paragraph 2 does not apply to imports of merchandise from Non-Market Economy (NME) countries subject to an antidumping duty order.

Re: Liquidation instructions for product from country produced and/or exported by firm for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx).

Use the following format when there are multiple importers or customers with specific assessment rates; do not add a company-upload table in this situation:

Importer or customer: Name

Final rate: xx.xx%

Importer or customer: Name

Final rate: xx.xx%

Importer or customer: Name

Final rate: xx.xx%

2. As a result of Commerce’s clarification of its assessment regulation on 05/06/2003 (68 FR 23954), for all shipments of product from country produced by firm, entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, entered under case number A-xxx-xxx-xxx (use the company-specific number of the producer in ACE), and not covered by paragraph 1, assess antidumping duties at the all-others rate in effect on the date of entry. The all-others rate for product from country is xx.xx percent.

3. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraphs 1 and 2 occurred with the publication of the final results (or amended final results) of administrative review (xx FR xxxx, mm/dd/yyyy). Unless instructed otherwise, for all other shipments of product from country you shall continue to collect cash deposits of estimated antidumping duties at the current rates.

4. There are no injunctions applicable to the entries covered by this instruction. If there is an injunction consult with the staff attorney on the appropriateness of issuing liquidation instructions.

4. The injunction(s) with court number(s) xx-xxxx discussed in message number xxxxxxx dated mm/dd/yyyy is (are) applicable to the entries exported or manufactured by exporter’s or manufacturer’s name and (if applicable) imported by importer’s name during the period mm/dd/yyyy through mm/dd/yyyy. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.

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, as amended. 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 shall 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 shall double the antidumping duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP’s protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement. For AD cases with corresponding CVD cases use language in paragraph C under Notes below.

8. Choose one of the two disclosure choices:

A. There are no restrictions on the release of this information.

B. This message may not be disclosed to the public.

If you choose B, you must include B at the top of the message before Paragraph 1 as well because the message contains BPI.

Michael B. Walsh

Notes:

A. Paragraph 2 applies to entries which were entered under the reviewed producer’s CBP number and at the producer’s cash-deposit rate in effect on the date of entry according to Commerce’s standard cash-deposit hierarchy but which were not covered by the review because the producer did not know its merchandise was sold to the United States. Therefore, the reviewed producer did not report such sales or customers of such sales. As a result, the presumption we instructed CBP to make as the time of importation, i.e., to assume the producer had knowledge about the sales and to apply the producer’s rate if there is no cash-deposit rate in effect for the exporter, was invalidated through the process of the review of the producer.

Paragraph 2 is applicable to all entries for which the anniversary month for requesting an administrative review of an antidumping duty order is May 2003 or later. See 68 FR 23954 (May 6, 2003).

B. Paragraph 3 provides information on the notice of lifting of suspension of liquidation. Use this boilerplate only where there is no litigation for the review.

C. If the AD case has a corresponding CVD case, use the following language for paragraph 6:

27c. Liquidation instruction (AD)

(After litigation requiring the publication of amended final results and when the “Timken” notice was published before January 2011.)

Recent as of November 16, 2011

Type: LIQ

Subtype: CTDIS

Re: Liquidation instructions for product from country produced and/or exported by firm for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx)

1. On mm/dd/yyyy, the U.S. Court of International Trade or Court of Appeals for the Federal Circuit issued a final decision in the case of case name, e.g., Hynix Semiconductor v. United States (court no.). As a result of this decision, the injunction(s) to which message(s) xxxxxxx (list preliminary injunction message number(s)) refer(s) enjoining liquidation of entries which are subject to the antidumping duty order on product from country for the period mm/dd/yyyy through mm/dd/yyyy produced and/or (as applicable) exported by firm dissolved on mm/dd/yyyy (date of final decision +60/90 days; check with staff attorney).

Adapt the language in paragraph 2 to be the same as in the injunction.

Use the following format when there is only one importer or customer with a specific assessment rate as long as the injunction specified the importer or customer AND the respondent had a 10-digit case number during the period of review; add a company-upload table in this situation:

2. For all shipments of product from country produced and/or (as applicable) exported by firm as listed in the company-details table appended to the bottom of this message, imported by or sold to (as indicated on the commercial invoice or Customs documentation) importer or customer name, and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability of margin percent of the entered value. For further information about this table, refer to section 3, items of interest, above.

Use the following format when there is only one importer or customer with a specific assessment rate as long as the injunction specified the importer or customer BUT the respondent did not have a 10-digit case number during the period of review; do not add a company-upload table in this situation:

2. For all shipments of product from country produced and/or (as applicable) exported by firm, imported by or sold to (as indicated on the commercial invoice or Customs documentation) importer or customer name, and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability of margin percent of the entered value. Firm did not have its own case number during the period of review; entries may have been made under A-xxx-xxx-000 or other company-specific case numbers.

Use the following format when there are multiple importers or customers with specific assessment rates as long as the injunction specified importers or customers; do not add a company-upload table in this situation:

2. For all shipments of product from country produced and/or (as applicable) exported by firm (A-xxx-xxx-xxx), imported by or sold to (as indicated on the commercial invoice or Customs documentation) the firms listed below, and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability equal to the percentages listed below of the entered value.

Importer or customer: Name

Final rate: xx.xx%

Importer or customer: Name

Final rate: xx.xx%

Importer or customer: Name

Final rate: xx.xx%

If you are issuing this liquidation instruction for the first administrative review after the conclusion of litigation for that review, add the following paragraph:

3. If a bond or cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 2 that was entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy (date of suspension of liquidation – normally the date of the LTFV prelim) through mm/dd/yyyy (the day before the date of the ITC’s final injury determination), assess antidumping liabilities equal to the amount resulting from application of paragraph 2 or equal to the amount of the bond or cash deposit, whichever is less.

If the instructions are not for the first administrative review, do not use paragraph 3 above and re-number the remaining paragraphs. Be sure to make appropriate changes to paragraph references in subsequent paragraphs.

In situations where the injunction did not specify importers or customers and, as a result, you could not issue instructions for resellers, add the following paragraph 4:

4. As a result of Commerce’s clarification of its assessment regulation on 05/06/2003 (68 FR 23954), for all shipments of product from country produced by firm, entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, entered under case number A-xxx-xxx-xxx (use the company-specific number of the producer in ACE), and not covered by paragraph 2, assess antidumping duties at the all-others rate in effect on the date of entry. The all-others rate for product from country is xx.xx percent. (Delete the last sentence if the instruction concerns the first administrative review.)

5. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph(s) 2 and 4 occurred with the publication of the amended final results of administrative review (xx FR xxxx, mm/dd/yyyy). Unless instructed otherwise, for all other shipments of product from country you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

Delete paragraph 4 above if the injunction did not cover reseller entries (i.e., there were specific importers or customers identified in the injunction) but you did not issue a message using boilerplate 27g, post-injunction reseller instructions, before the litigation was dismissed. Instead, add the following paragraph and prepare a separate message using boilerplate 35:

6. Separate liquidation instructions will follow for entries of merchandise produced by firm, entered, or withdrawn from warehouse, for consumption during the mm/dd/yyyy through mm/dd/yyyy, entered under case number A-xxx-xxx-xxx (use the company-specific number of the producer in ACE), and not covered by paragraph 2.

11. Choose one of the two disclosure choices:

A. There are no restrictions on the release of this information.

B. This message may not be disclosed to the public.

If you choose B, you must include B at the top of the message before Paragraph 1 as well because the message contains BPI.

Michael B. Walsh

Notes:

A. In paragraph 1, if no appeal is filed, the injunction dissolves 60 days after a CIT decision and 90 days after a CAFC decision.

B. Depending on how the injunction was worded, paragraph 2 may not include the "imported by or sold to" language (i.e., “imported by or sold to (as indicated on the commercial invoice or Customs documentation)”). The "imported by or sold to" language should not be added to this liquidation instruction unless the injunction included language regarding the importer and/or sold-to party. If you have any questions about this situation, contact your staff attorney or the Customs Unit.

C. Paragraph 3 concerns the “cap” period under section 737(b) of the Act for first period of reviews only. For example, your preliminary determination in the investigation was affirmative and suspension of liquidation began on January 19, 2011. The ITC issued its final determination of injury on July 24, 2011. Therefore, paragraph 3 will read as follows:

If a bond or cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 2 that was entered, or withdrawn from warehouse, for consumption during the period 01/19/2011 through 07/23/2011, assess antidumping liabilities equal to the amount resulting from application of paragraph 2 or equal to the amount of the bond or cash deposit, whichever is less.

Note: If threat of material injury was determined by the ITC, paragraph 3 will not apply.

D. Insert paragraph 4, the reseller paragraph, only if the injunction did not specify importers or customers and, as a result, you could not issue instructions to liquidate entries involving resellers.

Paragraph 4 applies to entries that were entered under the reviewed producer’s CBP number and at the producer’s cash-deposit rate in effect on the date of entry according to Commerce’s standard cash-deposit hierarchy but which were not covered by the review because the producer did not know its merchandise was sold to the United States. Therefore, the reviewed producer did not report such sales or customers of such sales. As a result, the presumption we instructed CBP to make at the time of importation, i.e., assume the producer had knowledge about the sales and apply the producer’s rate if there is no cash-deposit rate in effect for the exporter, was invalidated through the process of the review of the producer.

Paragraph 4 is applicable to all entries for which the anniversary month for requesting an administrative review of an antidumping duty order is May 2003 or later. See 68 FR 23954.

E. Paragraph 5: In instances where the “Timken” notice was published prior to January 2011 and, as a result of litigation, a notice of amended final results of review is necessary, the date of publication of the amended final results pursuant to litigation in the Federal Register serves as the date of notice of the lifting of suspension of liquidation.

F. Paragraph 6 is applicable if the injunction specified importers or customers AND you did not issue reseller instructions using boilerplate 27g before the litigation was dismissed. You will need to do a separate message for such entries because the “notice of lifting” date is different from the date applicable to the entries which were subject to the injunctions. See boilerplate 35 for the separate message.

G. If the AD case has a corresponding CVD case, use the following language in paragraph 9:

27c(1). Liquidation instruction (AD)

(After litigation when the combination “Timken”/amended final results notice published after January 1, 2011.)

Recent as of November 16, 2011

Type: LIQ

Subtype: CTDIS

Re: Liquidation instructions for product from country produced and/or exported by firm for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx)

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 5 below.

Adapt the language in paragraph 2 to be the same as in the injunction.

Use the following format when there is only one importer or customer with a specific assessment rate as long as the injunction specified importers or customers AND the respondent had a 10-digit case number during the period of review; add a company-upload table in this situation:

Use the following format when there is only one importer or customer with a specific assessment rate as long as the injunction specified importers or customers BUT the respondent did not have a 10-digit case number during the period of review; do not add a company-upload table in this situation:

Use the following format when there are multiple importers or customers with specific assessment rates as long as the injunction specified importers or customers; do not add company-specific upload table in this situation:

Importer or customer: Name

Final rate: xx.xx%

Importer or customer: Name

Final rate: xx.xx%

Importer or customer: Name

Final rate: xx.xx%

If you are issuing this liquidation instruction for the first administrative review after the conclusion of litigation for that review, add the following paragraph:

3. If a bond or cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 2 that was entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy (date of suspension of liquidation – normally the date of the LTFV prelim) through mm/dd/yyyy (the day before the date of the ITC’s final determination), assess antidumping liabilities equal to the amount resulting from application of paragraph 2 or equal to the amount of the bond or cash deposit, whichever is less.

If the instructions are not for the first administrative review, do not use paragraph 3 above and re-number the paragraphs. Be sure to make appropriate changes to paragraph references in subsequent paragraphs.

In situations where the injunction did not specify importers or customers and, as a result, you could not issue instructions for resellers, add the following paragraph 4:

5. These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph(s) 2 and 4. Accordingly, notice of the lifting of suspension occurred on the message date of these instructions. Unless instructed otherwise, for all other shipments of product from country you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

6. Separate liquidation instructions will follow for entries of merchandise produced by firm, entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, entered under case number A-xxx-xxx-xxx (use the company-specific case number of the producer in ACE), and not covered by paragraph 2.

11. Choose one of the two disclosure choices:

A. There are no restrictions on the release of this information.

B. This message may not be disclosed to the public.

If you choose B, you must include B at the top of the message before Paragraph 1 as well because the message contains BPI.

Michael B. Walsh

Notes:

A. In paragraph 1, if no appeal is filed, the injunction dissolves 60 days after a CIT decision and 90 days after a CAFC decision.

B. Depending on how the injunction was worded, paragraph 2 may not include the "imported by sold to" language (i.e., “imported by or sold to (as indicated on the commercial invoice or Customs documentation)”). The "imported by or sold to" language should not be added to this liquidation instruction unless the injunction included language regarding the importer and/or sold-to party. If you have any questions about this situation, contact your staff attorney or the Customs Unit.

C. Paragraph 3 concerns the “cap” period under section 737(b) of the Act. For example, your preliminary determination in the investigation was affirmative and suspension of liquidation began on January 19, 2011. The ITC published its final determination of injury on July 24, 2011. Therefore, paragraph 3 will read as follows:

If a bond or cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 2 that was entered, or withdrawn from warehouse, for consumption during the period 01/19/2011 through 07/23/2011, assess a dumping liability equal to the amount resulting from application of paragraph 2 or equal to the amount of the bond or cash deposit, whichever is less.

Note: If threat of material injury was determined by the ITC, paragraph 3 will not apply.

D. Insert paragraph 4, the reseller paragraph, only if injunction did not specify importers or customers and, as a result, you could not issue instructions to liquidate entries involving resellers.

Paragraph 4 applies to entries that were entered under the reviewed producer’s CBP number and at the producer’s cash-deposit rate in effect on the date of entry according to Commerce’s standard cash-deposit hierarchy but which were not covered by the review because the producer did not know its merchandise was sold to the United States. Therefore, the reviewed producer did not report such sales or customers of such sales. As a result, the presumption we instructed CBP to make at the time of importation, i.e., assume the producer had knowledge about the sales and apply the producer’s rate if there is no-cash deposit rate in effect for the exporter, was invalidated through the process of the review of the producer.

In that situation, the reseller’s merchandise will not be liquidated at the assessment rate Commerce determines for the producer or automatically at the rate required as deposit at the time of entry. The entries of merchandise from the reseller during the period of review will be liquidated at the all-others rate if there was no company-specific review of the reseller for that review period.

Paragraph 4 is applicable to all entries for which the anniversary month for requesting an administrative review of an antidumping duty order is May 2003 or later. See 68 FR 23954.

E. Paragraph 5: When the court’s decision is “not in harmony” with the final results of review and a combination “Timken”/amended final results of review notice was published (after January 1, 2011), the message containing the liquidation instructions constitutes “notice” of the lifting of suspension of liquidation. Given that messages must be activated in order to be considered official notification to CBP, the message date (the active date) serves as the notice of lifting of suspension of liquidation.

F. Paragraph 6 is applicable if the injunction specified importers or customers AND you did not issue reseller instructions using boilerplate 27g before the litigation was dismissed. You will need to do a separate message for such entries because the “notice of lifting” date is different from the date applicable to the entries subject to the injunction. See boilerplate 35 for the separate message.

G. If the AD case has a corresponding CVD case, use the following language in paragraph 9:

27d. Liquidation instruction (AD)

(After litigation when no amended final results are required)

Recent as of November 16, 2011

Type: LIQ

Subtype: CTDIS

Re: Liquidation instructions for product from country produced and/or exported by firm for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx)

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 5 below.

Adapt the language in paragraph 2 to be the same as the injunction.

Use the following format when there are multiple importers or customers with specific assessment rates as long as the injunction specified the importers or customers; do not add a company-upload table in this situation:

Importer or customer: Name

Final rate: xx.xx%

Importer or customer: Name

Final rate: xx.xx%

Importer or customer: Name

Final rate: xx.xx%

If you are issuing this liquidation instruction for the first administrative review after the conclusion of litigation for that review, add the following paragraph:

In situations where you did not issue instructions for resellers because the injunction did not specify importers or customers, add the following paragraph:

4. As a result of Commerce’s clarification of its assessment regulation on 05/06/2003 (68 FR 23954), for all shipments of product from country, produced by firm, entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, entered under case number A-xxx-xxx-xxx (use the company-specific number of the producer in ACE), and not covered by paragraph 2, assess antidumping duties at the all-others rate in effect on the date of entry. The all-others rate for product from country is xx.xx percent. (Delete the last sentence if the instruction concerns the first administrative review.)

6. Separate liquidation instructions will follow for entries of merchandise produced by firm, entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, entered under case number A-xxx-xxx-xxx (use the company-specific number of the producer in ACE), and not covered by paragraph 2.

11. Choose one of the two disclosure choices:

A. There are no restrictions on the release of this information.

B. This message may not be disclosed to the public.

If you choose B, you must include B at the top of the message before Paragraph 1 as well because the message contains BPI.

Michael B. Walsh

Notes:

A. In paragraph 1, if no appeal is filed, the injunction dissolves 60 days after a CIT decision and 90 days after a CAFC decision.

B. Depending on how the injunction was worded, paragraph 2 may not include the "imported by or sold to" language (i.e., “imported by or sold to (as indicated on the commercial invoice or Customs documentation)”). The "imported by or sold to" language should not be added to this liquidation instruction unless the injunction included language regarding the importer and/or sold-to party. Should you have any questions about this, contact your staff attorney or the Customs Unit.

C. Paragraph 3 concerns the “cap” period under section 737(b) of the Act for first period of reviews only. For example, your preliminary determination in the investigation was affirmative and suspension of liquidation began on January 19, 2011. The ITC published its final determination of injury on July 24, 2011. Therefore, paragraph 3 will read as follows:

Note: If threat of material injury was determined by the ITC, paragraph 3 will not apply.

D. Insert paragraph 4, the reseller paragraph, only if the injunction did not specify imports or customers and, as a result, you could not issue instructions to liquidate entries involving resellers.

Paragraph 4 applies to entries that were entered under the reviewed producer’s CBP number and at the producer’s cash-deposit rate in effect on the date of entry according to Commerce’s standard cash-deposit hierarchy but which were not covered by the review because the producer did not know its merchandise was sold to the United States. Therefore the reviewed producer did not report such sales or customers of such sales. As a result, the presumption we instructed CBP to make at the time of importation, i.e., assume the producer had knowledge about the sales and apply the producer’s rate if there is no cash-deposit rate in effect for the exporter, was invalidated through the process of the review of the producer.

Paragraph 4 is applicable to all entries for which the anniversary month for requesting an administrative review of an antidumping duty order or finding is May 2003 or later. See 68 FR 23954.

E. Paragraph 5: When the court dismisses litigation or the court’s decision upholds Commerce’s final results of administrative review without change, the liquidation instructions constitute the notice of lifting of suspension of liquidation. Given that messages must be activated in ACE in order to be considered official notification to CBP, the message date (active date) serves as the notice of the lifting of suspension.

F. Paragraph 6 is applicable if the injunction specified importers or customers AND you did not issue reseller instructions using boilerplate 27g before the litigation was dismissed. You will need to do a separate message for such entries because the “notice of lifting” date is different from the date applicable to the entries subject to the injunction. See boilerplate 35 for the separate message.

G. If the AD case has a corresponding CVD case, use the following language in paragraph 9:

27e. Liquidation instruction – no-shipments determination (AD)

Recent as of November 16, 2011

This instruction is for market-economy proceedings only.

Type: LIQ

Subtype: ADRV

RE: Liquidation instructions for product from country produced by company name for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx-xxx)

1. Company name reported to Commerce that it had no shipments of product from country during the period mm/dd/yyyy through mm/dd/yyyy. Therefore, pursuant to the publication of the final results of review (xx FR xxxxx, mm/dd/yyyy) and as a result of Commerce’s clarification of its assessment regulation (05/06/2003, 68 FR 23954), for all shipments of product from country produced by company name, entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, entered under case number A-xxx-xxx-xxx (use the company-specific number of the producer in ACE), and not exported by company name, assess antidumping duties at the all-others rate in effect on the date of entry.

2. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 1 occurred with the publication of the final results of administrative review (xx FR xxxxx, mm/dd/yyyy). Unless instructed otherwise, for all other shipments of product from country you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

3. The injunction(s) with court number(s) xx-xxxx discussed in message number xxxxxxx dated mm/dd/yyyy is (are) applicable to the entries exported or manufactured by exporter’s or manufacturer’s name and (if applicable) imported by importer’s name during the period mm/dd/yyyy through mm/dd/yyyy. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.

7. There are no restrictions on the release of this information.

Michael B. Walsh

Notes:

A. If you are preparing instructions for the first period of review of an AD order, insert the following paragraph as paragraph 2 and re-number the remaining paragraphs:

2. If a bond or cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 1 that was entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy (date of suspension of liquidation – normally the date of the LTFV prelim) through mm/dd/yyyy (the day before the date of the ITC’s final injury determination), assess antidumping duty liabilities equal to the amount resulting from the application of paragraph 1 or equal to the amount of the bond or cash deposit, whichever is less.

B. If the AD case has a corresponding CVD case, use the following language for paragraph 5:

27f. Liquidation instructions – AFA or non-selected companies (AD)

Recent as of November 16, 2011

Type: LIQ

Subtype: ADRV

These instructions are applicable to all entries from companies which we did not select for individual examination or to which we applied a rate based on AFA. Therefore, we do not establish assessment rates for specific customers or importers and no reseller paragraph is included in the liquidation instructions.

Re: Liquidation instructions for product from country produced and/or exported by firm for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx).

Use the following format when the respondent had a 10-digit case number during the period of review; add a company-upload table in this situation:

1. For all shipments of product from country produced and/or exported by firm as listed in the company-details table appended to the bottom of this message and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability of margin percent of the entered value. For further information about this table, refer to section 3, items of interest, above.

Use the following format when the respondent did not have a 10-digit case number during the period of review; do not add a company-upload table in this situation:

1. For all shipments of product from country produced and/or exported by firm and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability of margin percent of the entered value. Firm did not have its own case number during the period of review; entries may have been made under A-xxx-xxx-000 or other company-specific case numbers.

3. The injunction(s) with court number(s) xx-xxxx discussed in message number xxxxxxx dated mm/dd/yyyy is (are) applicable to the entries exported or manufactured by exporter’s or manufac