NME Boilerplate Instructions

Boilerplate e-mail instructions to U.S. Customs and Border Protection, Office of AD/CVD Operations, United States Department of Commerce

Non-Market Economy

1a. Non-Market Economy liquidation instruction: Antidumping

(First administrative review for examined entities only)

1b. Non-Market Economy liquidation instruction: Antidumping

(Second administrative review and beyond for individually examined entities only)

2a. Non-Market Economy liquidation instruction: Antidumping

(First administrative review and beyond for separate rate companies (i.e., not individually examined entities only))

2b. Non-Market Economy liquidation instruction: Antidumping

(Second administrative review and beyond for separate rate companies (i.e., not individually examined entities only))

3a. Non-Market Economy liquidation instruction: Antidumping

(First administrative review for the NME-wide entity only)

3b. Non-Market Economy liquidation instruction: Antidumping

(Second administrative review and beyond for the NME-wide entity only)

4. Non-Market Economy cash deposit instruction

(Notice of affirmative preliminary antidumping duty determination)

5. Non-Market Economy cash deposit instruction

(Notice of affirmative final antidumping duty determination)

6. Cash deposit instruction for Non-Market Economy cases

(Notice of final results of administrative review)

7. Non-review liquidation instruction for Non-Market Economy cases

(Firm-specific)

8. Non-review liquidation instruction for Non-Market Economy cases

(No review requested for any firm)

9. Initiation of new shipper review-bonding option for Non-Market Economy cases

10. Cash deposit instruction: Non-Market Economy new shipper review

1a. Non-Market Economy liquidation instruction: Antidumping

(First administrative review for examined entities only)

Recent as of November 16, 2011

Type: LIQ

Subtype: ADRV

Re: Liquidation instructions for product from country 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:

1. For all shipments of product from country 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 unless paragraph 3 is applicable. For further information about this table, refer to section 3, items of interest, in the ME boilerplate instructions.

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 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 unless paragraph 3 is applicable. 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:

1. For all shipments of product from country exported by firm (A-xxx-xxx-xxx if in effect during the period of review), 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 unless paragraph 3 is applicable.

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 have calculated per-unit amounts for CBP to apply to quantities in the entry documents, replace “margin percent of the entered value” with “per-unit dollar amount for each unit” (identify whether the “unit” is metric ton, MT, kilogram, kg, piece, etc.) in the version of paragraph 1 above which you choose for your instructions.

2. For all shipments of product from country exported by firm, entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, and not covered by paragraph 1, assess antidumping duties at the cash deposit rate or per-unit amount in effect on the date of the entry except if paragraph 3 is applicable.

3. If a bond or cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 1 or 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 duty liabilities equal to the amount resulting from the application of paragraph 1 or 2 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.

4. 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.

5. Notice of the lifting of suspension of liquidation for 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 for the merchandise at the current rates or per-unit amounts.

6. 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.

6. The injunctions with court number(s) xx-xxxx discussed in message number(s) 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, until further notice continue to suspend liquidation of these entries until liquidation instructions are issued.

7. 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.

8. 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.

9. 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).

10. 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 contains liquidation information for all other merchandise exported by the identified company but not captured by paragraph 1.

B. Paragraph 3 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 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 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.

C. Paragraph 4 provides information on the notice of lifting of suspension for liquidation.

Where there has been litigation, the analyst should check with the case attorney regarding when the notice of the lifting of suspension of liquidation occurred.

If publication of the final results or amended final results of administrative review constitutes notice of the lifting of suspension of liquidation then use the language in paragraph 4 above.

If the liquidation instructions constitute notice of the lifting of suspension of liquidation then use the following language:

These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise coveredy by paragraphs 1 and 2. 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.

If you use the above paragraph because the instructions constitute notice, put the following language at the top of your instructions before paragraph 1:

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 4 below.

D. If the AD case has a corresponding CVD case, use the following language in paragraph 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 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.

1b. Non-Market Economy liquidation instruction: Antidumping

(Second administrative review and beyond for individually examined entities only)

Recent as of November 16, 2011

Type: LIQ

Subtype: ADRV

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

1. For all shipments of product from country 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, in the ME boilerplate instructions.

1. For all shipments of product from country 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. For all shipments of product from country exported by firm entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy and not covered by paragraph 1, assess antidumping duties at the cash deposit rate or per-unit amount in effect on the date of the entry. (Do not specify the cash deposit or per-unit in effect.)

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 for the merchandise at the current rates or per-unit amounts.

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 injunctions with court number(s) xx-xxxx discussed in message number(s) 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, until further notice, continue to suspend liquidation of these 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 D under Notes below.

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. 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 contains liquidation information for all other merchandise exported by the indentified company but not captured by paragraph 1.

B. Paragraph 3 provides information on the notice of lifting of suspension for liquidation.

Where there has been litigation, the analyst should check with the case attorney regarding when the notice of the lifting of suspension of liquidation occurred.

If publication of the final results or amended final results of administrative review constitutes notice of the lifting of suspension of liquidation then use the language in paragraph 4 above.

If the liquidation instructions constitute notice of the lifting of suspension of liquidation then use the following language:

These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraphs 1 and 2. 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.

If you use the above paragraph because the instructions constitute notice, put the following language at the top of your instructions before paragraph 1:

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 3 below.

C. Paragraph 4 specifies whether an injunction is currently in place and if so, requires identification of information in that injunction.

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

2a. Non-Market Economy liquidation instruction: Antidumping

(First administrative review for separate rate companies (i.e., not individually examined entities only))

Recent as of November 16, 2011

Type: LIQ

Subtype: ADRV

Re: Liquidation instructions for product from country exported by various companies for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx)

If the assessment rate for non-individually examined separate rate entities is based on entered value use this paragraph:

1. For all shipments of product from country exported by 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 margin percent of the entered value.

Exporter:

Case number:

Exporter:

Case number:

If the assessment rate for non-individually examined separate rate entities is based on a per-unit amount use this paragraph:

Exporter:

Case number:

Exporter:

Case number:

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. Notice of the lifting of suspension of liquidation for entries of subject merchandise coveredy 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 for the merchandise at the current cash deposit rates or per-unit amounts.

4. The injunction(s) with court number(s) xx-xxxx discussed in message number(s) 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, until further notice, continue to suspend liquidation of these entries until liquidation instructions are issued.

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

Michael B. Walsh

Notes:

A. Paragraph 3 provides information on the notice of lifting of suspension for liquidation.

Where there has been litigation, the analyst should check with the case attorney regarding when the notice of the lifting of suspension of liquidation occurred.

If publication of the final results or amended final results of administrative review constitutes notice of the lifting of suspension of liquidation then use the language in paragraph 4 above.

If the liquidation instructions constitute notice of the lifting of suspension of liquidation then use the following language:

If you use the above paragraph because the instructions constitute notice, put the following language at the top of your instructions before paragraph 1:

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 3 below.

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

2b. Non-Market Economy liquidation instruction: Antidumping

(Second administrative review and beyond for separate rate companies (i.e., not individually examined entities only))

Recent as of November 16, 2011

Type: LIQ

Subtype: ADRV

Re: Liquidation instructions for product from country exported by various companies for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx)

If the assessment rate for non-individually examined separate rate entities is based on entered value use this paragraph:

Exporter:

Case number:

Exporter:

Case number:

If the assessment rate for non-individually examined separate rate entities is based on a per-unit amount use this paragraph:

Exporter:

Case number:

Exporter:

Case number:

2. The notice of the lifting of suspension of liquidation for entries of subject merchandise covere4dy 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 cash deposit rates or per-unit amounts.

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 injunctions with court number(s) xx-xxxx in message number(s) 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, until further notice, continue to suspend liquidation of these 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.

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

Notes:

A. Paragraph 2 provides information on the notice of lifting of suspension for liquidation.

Where there has been litigation, the analyst should check with the case attorney regarding when the notice of the lifting of suspension of liquidation occurred.

If publication of the final results or amended final results of administrative review constitutes notice of the lifting of suspension of liquidation then use the language in paragraph 4 above.

If the liquidation instructions constitute notice of the lifting of suspension of liquidation then use the following language:

If you use the above paragraph because the instructions constitute notice, put the following language at the top of your instructions before paragraph 1:

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 2 below.

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

3a. Non-Market Economy liquidation instruction: Antidumping

(First administrative review for the NME-wide entity only)

Recent as of: November 16, 2011

Type: LIQ

Subtype: ADRV

Re: Liquidation instructions for product from country exported by the NME-wide entity for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx)

If the assessment rate for the NME-wide entity is based on entered value use this paragraph:

1. For all shipments of product from country exported by the NME-wide entity (A-xxx-xxx-000) entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability equal to margin percent of the entered value except if paragraph 2 is applicable.

If the assessment rate for the NME-wide entity is based on a per-unit amount use this paragraph:

1. For all shipments of product from country exported by the NME-wide entity (A-xxx-xxx-000) entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability equal to per-unit dollar amount for each identify unit of measure here, e.g., piece, metric ton of subject merchandise except if paragraph 2 is applicable.

2. If a bond or cash deposit was collected as security for an estimated antidumping duty for any shipment of product that was entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability equal to margin percent of the entered value or per-unit amount or equal to the amount of the bond or cash deposit, whichever is less.

Add this paragraph if any companies that already had a separate rate lost their separate rate status as a result of this administrative review.

3. In Commerce’s final results (or amended final results) (xx FR xxxx, mm/dd/yyyy), Commerce determined that the following exporters are no longer eligible for a separate rate and are considered part of the NME-wide entity:

Exporter:

Therefore, entries of product from country exported by the firms listed in this paragraph and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy should be liquidated in accordance with the instructions provided in paragraph 1 above for the NME-wide entity. Entries of such merchandise may have entered under the following case numbers:

A-xxx-xxx-xxx

etc.

4. The notice of the lifting of suspension of liquidation for entries of subject merchandise covered by paragraphs 1 and 2 (add reference to paragraph 3 if applicable) occurred with the publication of the final results (or amended 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 cash deposit rates or per-unit amounts.

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

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

Michael B. Walsh

Notes:

A. Paragraph 4 provides information on the notice of lifting of suspension for liquidation.

Where there has been litigation, the analyst should check with the case attorney regarding when the notice of the lifting of suspension of liquidation occurred.

If publication of the final results or amended final results of administrative review constitutes notice of the lifting of suspension of liquidation then use the language in paragraph 4 above.

If the liquidation instructions constitute notice of the lifting of suspension of liquidation then use the following language:

If you use the above paragraph because the instructions constitute notice, put the following language at the top of your instructions before paragraph 1:

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 4 below.

B. If the AD case has a corresponding CVD case, use the following language in paragraph 7:

3b. Non-Market Economy liquidation instruction: Antidumping

(Second administrative review and beyond for the NME-wide entity only)

Recent as of November 16, 2011

Type: LIQ

Subtype: ADRV

Re: Liquidation instructions for product from country exported by NME-wide entity for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx)

If the assessment rate for the NME-wide entity is based on entered value use this paragraph:

If the assessment rate for the NME-wide entitty is based on a per-unit amount use this paragraph:

1. For all shipments of product from country exported by the NME-wide entity (A-xxx-xxx-000) entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy, assess an antidumping liability equal to per-unit dollar amount for each identify unit of measure here, e.g., piece, metric ton of subject merchandise.

Add this paragraph if any companies that already had a separate rate lost their separate rate status as a result of this administrative review:

2. In Commerce’s final results (or amended final results), xx FR xxxxx, mm/dd/yyyy, Commerce determined that the following exporters are no longer eligible for a separate rate and are considered part of the NME-wide entity:

Exporter:

Therefore, CBP shall liquidate entries of product from country which were exported by the firms listed above in this paragraph and entered, or withdrawn from warehouse, for consumption during the period mm/dd/yyyy through mm/dd/yyyy in accordance with the instructions in paragraph 1 above for the NME-wide entity. Entries of such merchandise may have entered under the following case numbers:

A-xxx-xxx-xxx

3. The notice of lifting of suspension of liquidation for entries of subject merchandise covered by paragraph 1 (add reference to paragraph 2 if applicable) occurred with the publication of the final results (or amended 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 cash deposit rates or per-unit amounts.

4. The injunction(s) with court number(s) xx-xxxx in message number(s) 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, until further notice continue to suspend liquidation of these entries until liquidation instructions are issued.

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

Michael B. Walsh

Notes:

A. Paragraph 3 provides information on the notice of lifting of suspension for liquidation.

Where there has been litigation, the analyst should check with the case attorney regarding when the notice of the lifting of suspension of liquidation occurred.

If publication of the final results or amended final results of administrative review constitutes notice of the lifting of suspension of liquidation then use the language in paragraph 4 above.

If the liquidation instructions constitute notice of the lifting of suspension of liquidation then use the following language:

If you use the above paragraph because the instructions constitute notice, put the following language at the top of your instructions before paragraph 1:

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 3 below.

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

4. Non-Market Economy cash deposit instruction

(Notice of affirmative preliminary antidumping duty determination)

Recent as of September 29, 2011

Type: PRE

Subtype: AFF

Re: Notice of preliminary determination in the antidumping duty investigation of product from country (A-xxx-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 (xx FR xxxx) its preliminary determination of sales at less than fair value in the antidumping duty investigation of product from country.

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 (xx FR xxxx) its preliminary determination of sales at less than fair value and the postponement of the final determination in the antidumping duty investigation of product from country.

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.

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 entries of product from country from the exporter/producer combinations listed below, a cash deposit or the posting of a bond equal to the antidumping duty margin(s) shown below:

Exporter:

Producer:

Case number: A-xxx-xxx-xxx

Cash deposit rate:

5. For all other entries of product from country, the following cash deposit/bonding instructions apply:

A. For all NME exporters of product from country which have not received their own rate, the cash deposit or bonding rate will be the NME-wide rate.

B. For all non-NME exporters of product from country which have not received their own rate, the cash deposit or bonding rate will be the rate applicable to the producer/exporter combinations that supplied that non-NME exporter.

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 or countervailing 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 or countervailing 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.

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

Michael B. Walsh

5. Non-Market Economy cash deposit instruction

(Notice of affirmative final antidumping duty determination)

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 determination of sales at less than fair value in the antidumping duty investigation of product from country.

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. 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.

5. Effective mm/dd/yyyy, CBP shall require, for entries of product from country from the exporter/producer combinations listed below, a cash deposit or the posting of a bond equal to the antidumping duty rates shown below:

Exporter:

Producer:

Case number: A-xxx-xxx-xxx

Cash deposit rate:

6. For all other entries of product from country, the following cash deposit/bonding instructions apply:

A. For all NME exporters of product from country which have not received their own rate, the cash deposit or bonding rate will be the NME-wide rate.

7. 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 or countervailing 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 or countervailing 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.

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

Michael B. Walsh

6. Cash deposit instruction for Non-Market Economy cases

(Notice of final results of administrative review)

Recent as of September 29, 2011

Type: ARF

Subtype:

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

1. Commerce has published in the Federal Register (xx FR xxxx) on mm/dd/yyyy the final results of administrative review of certain 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 exporters. 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 for the following exporters:

Exporter:

Case number: A-xxx-xxx-xxx

Cash deposit rate:

Exporter:

Case number: A-xxx-xxx-xxx

Cash deposit rate:

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

A. If the NME or non-NME exporter of the subject merchandise has its own rate, use the applicable exporter’s rate for determining the cash deposit rate.

B. For all NME exporters of subject merchandise which have not been assigned to a separate rate, the cash deposit rate will be the NME-wide rate of xx.xx percent.

C. For all non-NME exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the NME exporter that supplied that non-NME exporter.

4. These cash deposit requirements shall remain in effect until further notice. Do not liquidate any entries of merchandise included in this administrative review until assessment instructions are issued.

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

7. Non-review liquidation instruction for Non-Market Economy cases

(No review requested for certain firms with a Non-Market Economy separate rate)

Recent as of November 16, 2011

Type: LIQ

Subtype: ALIWE

Re: Non-review liquidation instruction for product from country for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx)

1. Commerce does not automatically conduct administrative reviews of antidumping duty orders. Instead, reviews must be requested pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended, and in accordance with 19 CFR 351.213.

2. Commerce will not revise the assessment rates for firms with a Non-Market Economy separate rate for which an antidumping administrative review was not requested for this period. The firms listed below have a Non-Market Economy separate rate and are not subject to the review for the period mm/dd/yyyy through mm/dd/yyyy. Therefore, in accordance with 19 CFR 351.212(c), you are to assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption for the firms listed below at the cash-deposit or bonding rate in effect at the time of entry.

Product:

Country:

Case number:

Period: mm/dd/yyyy through mm/dd/yyyy

Liquidate all entries for the following firms:

(List firms and 10-digit case number)

Company:

Case number: A-xxx-xxx-xxx

Company:

Case number: A-xxx-xxx-xxx

3. There are no injunctions applicable to the entries covered by this instruction.

3. The injunction(s) with court number(s) xx-xxxx in message number(s) 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, until further notice continue to suspend liquidation of these entries until liquidation instructions are issued.

4. Entries of merchandise of firms not listed in paragraph 2 should not be liquidated until the issuance of specific instructions after completion of the administrative review for the period mm/dd/yyyy through mm/dd/yyyy. Continue to suspend liquidation of all entries of merchandise that were exported by firms not listed in paragraph 2 and entered, or withdrawn from warehouse, for consumption during this period.

5. Notice of the lifting of suspension of liquidation of entries of subject merchandise covererd by paragraph 2 occurred with the publication of the notice of initiation of administrative review for the mm/yyyy anniversary month (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.

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

Michael B. Walsh

Notes:

A. In Paragraph 2 you must list firms for which entries may be liquidated. The 10-digit case number for the firms whose entries are being liquidated must also be listed.

B. If the AD case has a corresponding CVD case, use the following language in paragraph 7:

8. Non-review liquidation instruction for Non-Market Economy cases

(No review requested for any firm)

Recent as of November 16, 2011

Type: LIQ

Subtype: ALI

Re: Non-review liquidation instruction for product from country for the period mm/dd/yyyy through mm/dd/yyyy (A-xxx-xxx)

2. Commerce has not received a request for an administrative review of the antidumping duty order for the period and on the merchandise listed below. Therefore, in accordance with 19 CFR 351.212(c), you are to assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit or bonding rate in effect at the time of entry.

Liquidate all entries for all firms.

Product:

Country:

Case number: A-xxx-xxx-xxx

Period: mm/dd/yyyy through mm/dd/yyyy

3. There are no injunctions applicable to the entries covered by this instruction.

4. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2 occurred with the publication of the notice of initiation of administrative review for the mm/yyyy anniversary month (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.

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

Michael B. Walsh

Notes:

If there is a corresponding CVD case, use the following language in paragraph 6:

9. Initiation of new shipper review-bonding option for Non-Market Economy cases

Recent as of September 29, 2011

Type: NSR

Subtype:

Re: Initiation of new shipper review – bonding option on product from country (A/C-xxx-xxx)

1. Commerce is conducting a new shipper administrative review(s) of the antidumping/countervailing duty order on product from country (A/C-xxx-xxx) for the period mm/dd/yyyy through mm/dd/yyyy.

2. The notice of initiation for this(these) review(s) was published in the Federal Register on mm/dd/yyyy (xx FR xxxx).

3. For shipments of product from country exported and produced by the following company(companies) and entered, or withdrawn from warehouse, for consumption on or after mm/dd/yyyy (date of publication of initiation notice), a bond or other security deposit is permitted, at the importer's option:

Exporter:

Producer:

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

Deposit rate: xx.xx percent

The option to post a bond or other security deposit may only be made available to the exporter/producer combination identified above only in the combination identified above. For shipments of subject merchandise from the exporter(s) identified above in any other combination, cash deposits only should be collected at the country-wide rate in effect on the date of entry. The country-wide rate currently in effect is xx.xx percent.

4. 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 or countervailing 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 or countervailing 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.

5. Unless instructed otherwise, for all other companies identified in the ACE, the cash deposit rate is the rate provided therein.

6. For all other exporters of product from country which do not have specific rate in ACE, the cash deposit rate continues to be xx.xx percent.

7. The option of a bond in lieu of a cash deposit will remain in effect for imports of subject merchandise exported and produced by the entities identified in paragraph 3 until publication of the final results of the new shipper review(s).

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

Michael B. Walsh

10. Cash deposit instruction: Non-Market Economy 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-xxx-xxx-xxx)

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

2. Effective mm/dd/yyyy, importers may no longer post a bond or other security in lieu of a cash deposit on imports of subject merchandise from the exporter-producer combinations listed below. For shipments of product 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 requirements apply to the exporter-producer combination(s) listed below:

Exporter:

Producer:

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

Cash deposit rate:

3. The cash deposit rate(s) shown above applies(y) only to the exporter-producer combination(s) identified in paragraph 2. For entries of subject merchandise that was exported by the exporter (one of the exporters) identified above but not produced by the producer listed with that exporter, collect cash deposits at the country-wide rate in effect on the date of entry. The country-wide rate is xx.xx percent.

4. 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.

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 enforcement, 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