United States Department of Commerce . International Trade Administration . Import Administration . 1401 Constitution Ave NW Washington DC 20230
| BOILERPLATE EMAIL INSTRUCTIONS TO U.S. CUSTOMS AND BORDER PROTECTION
( NME-SPECIFIC INSTRUCTIONS ) OFFICE OF AD/CVD OPERATIONS, UNITED STATES DEPARTMENT OF COMMERCE |
| last update: August 11, 2008 |
| T A B L E O F C O N T E N T S |
1. NON-MARKET ECONOMY LIQUIDATION INSTRUCTIONS: ANTIDUMPING (First Administrative Review for Reviewed Entities Only) 2. NON-MARKET ECONOMY LIQUIDATION INSTRUCTIONS: ANTIDUMPING (Second Administrative Review and Beyond for Reviewed Entities Only) 3. NON-MARKET ECONOMY LIQUDIATION INSTRUCTIONS: ANTIDUMPING (Second Administrative Review and Beyond for the NME-Wide Entity Only) 4. NON-MARKET ECONOMY CASH DEPOSIT INSTRUCTIONS (Notice of Affirmative Preliminary Antidumping Duty Determination) 5. NON-MARKET ECONOMY CASH DEPOSIT INSTRUCTIONS (Notice of Affirmative Final Antidumping Duty Determination) 6. NON-MARKET ECONOMY CASH DEPOSIT INSTRUCTIONS (Notice of Final Results of Administrative Review) 7. NON REVIEW LIQUIDATION INSTRUCTIONS FOR NON-MARKET ECONOMY CASES 8. NON REVIEW LIQUIDATION INSTRUCTIONS FOR NON-MARKET ECONOMY CASES (No Review Requested for any Firm) |
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1. NON-MARKET ECONOMY LIQUIDATION INSTRUCTIONS: ANTIDUMPING
(First Administrative Review for Reviewed Entities Only) |
RE: LIQUIDATION INSTRUCTIONS FOR [PRODUCT] FROM [COUNTRY] EXPORTED BY
[FIRM] FOR PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY] ([CASE NUMBER])
THIS E-MAIL MESSAGE IS NOT TO BE DISCLOSED TO THE PUBLIC.
1. (If assessment is based on entered value.) FOR ALL SHIPMENTS OF
[PRODUCT] FROM [COUNTRY] EXPORTED BY [FIRM]([insert 10-digit case
number]), IMPORTED BY, OR SOLD TO, THE IMPORTER OR CUSTOMER (AS
INDICATED ON THE COMMERCIAL INVOICE OR CUSTOMS DOCUMENTATION) 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BELOW, AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING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,UNLESS
PARAGRAPH 3 IS APPLICABLE.
[IMPORTER/CUSTOMER] [PERCENT RATE]
(If assessment is based on per-unit amount.) FOR ALL SHIPMENTS OF
[PRODUCT] FROM [COUNTRY] EXPORTED BY [FIRM], IMPORTED BY, OR SOLD TO,
THE IMPORTER OR CUSTOMER (AS INDICATED ON THE COMMERCIAL INVOICE OR
CUSTOMS DOCUMENTATION) LISTED BELOW, AND ENTERED OR WITHDRAWN FROM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 [PER-UNIT DOLLAR
AMOUNT] FOR EACH UNIT OF SUBJECT MERCHANDISE, UNLESS PARAGRAPH 3 IS
APPLICABLE.
[IMPORTER/CUSTOMER] [PER-UNIT AMOUNT]
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 [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.
4. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT
MERCHANDISE DURING THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY] OCCURRED
WITH THE PUBLICATION OF THE FINAL RESULTS [OR AMENDED FINAL RESULTS] OF
ADMINISTRATIVE REVIEW [CITE THE FR NOTICE AND DATE OF PUBLICATION (XX
FR, MM/DD/YYYY)]. FOR ALL OTHER SHIPMENTS OF [PRODUCT] FROM [COUNTRY]
YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE
CURRENT RATES OR PER-UNIT AMOUNTS.
5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER PROTECTION
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION
778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAY INTEREST
ON OVERPAYMENTS AND ASSESS INTEREST ON UNDERPAYMENTS OF THE REQUIRED
AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED
ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING
DUTY ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF
ESTIMATED ANTIDUMPING DUTIES IS REQUIRED THROUGH THE DATE OF LIQUIDATION.
THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER
SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.
6. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE
IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION
351.402(f)(2) OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER
SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF
THE ENTRY. IF THE IMPORTER CERTIFIES THAT IT HAS AN AGREEMENT WITH
THE MANUFACTURER, PRODUCER, SELLER, OR EXPORTER TO BE REIMBURSED
ANTIDUMPING DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN
ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF
THE IMPORTER DOES NOT PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE
ANTIDUMPING DUTIES DUE. (For AD cases with corresponding CVD cases
use language in paragraph H under Notes.)
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 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(Office Number): Analyst Initials (Example: O4:RMT)).
8. THIS E-MAIL MESSAGE IS NOT TO BE DISCLOSED TO THE PUBLIC.
DAVID M. GENOVESE
NOTES:
A. The paragraphs must be numbered for ease of reference.
B. All the fields in brackets must be filled in with the appropriate
information. Use the search function to ensure that all bracketed
information has been replaced.
C. Paragraph #1 contains case and liquidation information.
D. Paragraph #2 contains liquidation information for all other merchandise
exported by the identified company but not captured by paragraph #1.
E. Paragraph #3 concerns the "cap" period under Section 737(a) of the
Act. Fill in the appropriate information as follows: First date: Date
of suspension of liquidation (normally the date of the preliminary
determination of sales at less than fair value); Second date: Day
BEFORE date of publication of ITC final determination of injury;
Percentage: Assessment rate used in paragraph one. 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. You calculated an
assessment rate of 17% in your review. 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 10/19/1997 THROUGH 07/23/1997, ASSESS
A DUMPING LIABILITY EQUAL TO 17 PERCENT OF THE ENTERED CUSTOMS VALUE
OR EQUAL TO THE AMOUNT OF THE BOND OR CASH DEPOSIT, WHICHEVER IS LESS.
F. Paragraph #4 provides information on the notice of lifting of suspension
of 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 the lifting of suspension of
liquidation then use the language in paragraph #4 above.
If the liquidation instructions constitute the 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 (PRODUCT)FROM [COUNTRY] ([CASE NUMBER])
FOR THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY]. FOR ALL OTHER
SHIPMENTS OF [PRODUCT] FROM [COUNTRY] YOU SHALL, UNLESS OTHERWISE
INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING
DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.
G. Paragraph #5 is the standard interest paragraph.
H. Paragraph #6 is the standard reimbursement paragraph.
If the AD case has a corresponding CVD case, use the following language:
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE
IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION
351.402(f)(2) OF THE COMMERCE DEPARTMENT 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 AND/OR COUNTERVAILING DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING
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, CBP SHOULD PRESUME REIMBURSEMENT
AND DOUBLE THE ANTIDUMPING AND/OR COUNTERVAILING DUTIES DUE.
I. Paragraph #7 contains the contact information should outside parties
have questions.
J. Paragraph #8 is the disclosure statement. The statement at the beginning
and the end of the liquidation instruction regarding disclosure (THIS
E-MAIL MESSAGE MAY NOT BE DISCLOSED TO THE PUBLIC) should only be included
in the e-mail message if the message includes proprietary information.
Otherwise, the disclosure message should read that THERE ARE NO RESTRICTIONS
ON THE RELEASE OF THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE.
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2. NON-MARKET ECONOMY LIQUIDATION INSTRUCTIONS: ANTIDUMPING
(Second Administrative Review and Beyond for Reviewed Entities Only) |
RE: LIQUIDATION INSTRUCTIONS FOR [PRODUCT] FROM [COUNTRY] EXPORTED BY [FIRM]
FOR PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY] ([CASE NUMBER])
THIS E-MAIL MESSAGE IS NOT TO BE DISCLOSED TO THE PUBLIC.
1. (If assessment is based on entered value.) FOR ALL SHIPMENTS OF [PRODUCT]
FROM [COUNTRY] EXPORTED BY [FIRM]([insert 10-digit case number]), IMPORTED
BY, OR SOLD TO, THE IMPORTER OR CUSTOMER (AS INDICATED ON THE COMMERCIAL
INVOICE OR CUSTOMS DOCUMENTATION) 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.
[IMPORTER/CUSTOMER] [PERCENT RATE]
(If assessment is based on per-unit amount.) FOR ALL SHIPMENTS OF
[PRODUCT] FROM [COUNTRY] EXPORTED BY [FIRM], IMPORTED BY, OR SOLD TO,
THE IMPORTER OR CUSTOMER (AS INDICATED ON THE COMMERCIAL INVOICE OR
CUSTOMS DOCUMENTATION) LISTED BELOW, AND ENTERED OR WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION DURING THE PERIOD [MM/DD/YYYY] THROUGH
PMM/DD/YYYY], ASSESS AN ANTIDUMPING LIABILITY EQUAL TO [PER-UNIT DOLLAR
AMOUNT] FOR EACH UNIT OF THE SUBJECT MERCHANDISE.
[IMPORTER/CUSTOMER] [PER-UNIT AMOUNT]
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.
3. THE NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF
SUBJECT MERCHANDISE DURING THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY]
OCCURRED WITH THE PUBLICATION OF THE FINAL RESULTS (OR AMENDED FINAL
RESULTS) OF ADMINISTRATIVE REVIEW [CITE THE FR NOTICE AND DATE OF
PUBLICATOIN (XX FR, MM/DD/YYYY)]. FOR ALL OTHER SHIPMENTS OF [PRODUCT]
FROM [COUNTRY], YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE
MERCHANDISE AT THE CURRENT RATES OR PER-UNIT AMOUNTS.
4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER PROTECTION
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION
778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAY INTEREST
ON OVERPAYMENTS AND ASSESS INTEREST ON UNDERPAYMENTS OF THE REQUIRED
AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED
ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING
DUTY ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF
ESTIMATED ANTIDUMPING DUTIES IS REQUIRED THROUGH THE DATE OF LIQUIDATION.
THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER
SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.
5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE
IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION
351.402(f)(2) OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER
SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF THE
ENTRY. IF THE IMPORTER CERTIFIES THAT IT HAS AN AGREEMENT WITH THE
MANUFACTURER, PRODUCER, SELLER, OR EXPORTER TO BE REIMBURSED ANTIDUMPING
DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER DOES NOT
PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD
PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. (For AD
cases with corresponding CVD cases use language in paragraph F under
Notes.)
6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY
GENERATED BY (Office Number: Analyst Initials (Example: O4:RMT)).
7. THIS E-MAIL MESSAGE IS NOT TO BE DISCLOSED TO THE PUBLIC.
DAVID M. GENOVESE
NOTES:
A. The paragraphs must be numbered for ease of reference.
B. All the fields in brackets must be filled in with the appropriate
information. Use the search function to ensure that all bracketed
information has been replaced.
C. Paragraph #1 contains case and liquidation information.
D. Paragraph #2 contains liquidation information for all other merchandise
exported by the identified company but not captured by paragraph #1.
E. Paragraph #3 provides information on the notice of lifting of suspension
of 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 the publication of the final results or amended final results of
administrative review constitute the lifting of suspension of liquidation
then use the language in paragraph #2 above.
If the liquidation instructions constitute the notice of the lifting
of suspension of liquidation then use the following language:
THESE INSTRUCTIONS PROVIDE NOTICE OF THE LIFTING OF SUSPENSION OF
LIQUIDATION OF ENTRIES OF [PRODUCT] FROM [COUNTRY] ([CASE NUMBER])
FOR THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY].
E. Paragraph #4 specifies that interest is applicable.
F. Paragraph #5 is the reimbursement paragraph. If the AD case has
a corresponding CVD case the following language should be used:
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE
IMPORTER PROVIDE A REIMBURSEMENT STATEMENT DESCRIBED IN SECTION
351.402(f)(2) OF THE COMMERCE DEPARTMENT 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 AND/OR COUNTERVAILING DUTIES, CBP SHOULD DOUBLE
THE ANTIDUMPING 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, CBP SHOULD PRESUME
REIMBURSEMENT AND DOUBLE THE ANTIDUMPING AND/OR COUNTERVAILING
DUTIES DUE.
G. Paragraph #6 contains the contact information should CBP field
officers have questions.
H. Paragraph #7 is disclosure paragraph. The statement at the beginning
and the end of the liquidation instruction regarding disclosure (THERE
ARE NO RESTRICTIONS ON THE RELEASE OF THE INFORMATION CONTAINED IN
THIS E-MAIL MESSAGE) should only be included in the e-mail message
if the message does NOT include proprietary information. Otherwise,
the disclosure message should read: THIS E-MAIL MESSAGE MAY NOT BE
DISCLOSED TO THE PUBLIC.
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3. NON-MARKET ECONOMY LIQUDIATION INSTRUCTIONS: ANTIDUMPING (Second Administrative Review and Beyond for the NME-Wide Entity Only) |
RE: LIQUIDATION INSTRUCTIONS FOR [PRODUCT] FROM [COUNTRY] EXPORTED BY
[NME-WIDE ENTITY] FOR PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY]
([CASE NUMBER])
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THE INFORMATION CONTAINED
IN THIS E-MAIL MESSAGE.
1. FOR ALL SHIPMENTS OF [PRODUCT] FROM [COUNTRY] EXPORTED BY THE ENTITY
LISTED BELOW, ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION,
DURING THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY], ASSESS AN
ANTIDUMPING LIABILITY OF THE PERCENTAGE OF THE ENTERED VALUE, AS
LISTED BELOW.
EXPORTER CUSTOMS ID# NME-WIDE RATE
[NME-WIDE ENTITY] A-[xxx]-[XXX]-[XXX] [XX.XX] %
2. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT
MERCHANDISE DURING THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY] OCCURRED
WITH THE PUBLICATION OF THE FINAL RESULTS (OR AMENDED FINAL RESULTS) OF
ADMINISTRATIVE REVIEW [CITE THE FR NOTICE AND DATE OF PUBLICATION (XX FR,
MM/DD/YYYY)]. FOR ALL OTHER SHIPMENTS OF [PRODUCT] FROM [COUNTRY] YOU
SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF
ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT CASH
DEPOSIT RATE OR PER-UNIT AMOUNTS.
3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER PROTECTION ON
ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778
OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAY INTEREST
ON OVERPAYMENTS AND 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.
4. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE
IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION
351.402(f)(2) OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER
SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF THE
ENTRY. IF THE IMPORTER CERTIFIES THAT IT HAS AN AGREEMENT WITH THE
MANUFACTURER, PRODUCER, SELLER, OR EXPORTER TO BE REIMBURSED ANTIDUMPING
DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER DOES NOT
PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD
PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. (For AD
cases with corresponding CVD cases use language in paragraph F under
Notes.)
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 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(Office
Number): Analyst's Initials (Example: O2:RL)).
6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THE INFORMATION CONTAINED
IN THIS E-MAIL MESSAGE.
DAVID M. GENOVESE
NOTES:
A. The paragraphs must be numbered for ease of reference.
B. All the fields in brackets must be filled in with the appropriate
information. Use the search function to ensure that all bracketed
information has been replaced.
C. Paragraph #1 contains case and liquidation information.
D. Paragraph #2 provides information on the notice of lifting of suspension
of 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 the publication of the final results or amended final results of
administrative review constitute the lifting of suspension of liquidation
then use the language in paragraph #2 above.
If the liquidation instructions constitute the notice of the lifting
of suspension of liquidation then use the following language:
THESE INSTRUCTIONS PROVIDE NOTICE OF THE LIFTING OF SUSPENSION OF
LIQUIDATION OF ENTRIES OF [PRODUCT] FROM [COUNTRY] ([CASE NUMBER])
FOR THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY]. FOR ALL OTHER
SHIPMENTS OF [PRODUCT] FROM [COUNTRY], YOU SHALL, UNLESS OTHERWISE
INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING
DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.
E. Paragraph #3 is the standard interest paragraph.
F. Paragraph #4 is the reimbursement paragraph. If the AD case has
a corresponding CVD case the following language should be used:
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE
IMPORTER PROVIDE A REIMBURSEMENT STATEMENT DESCRIBED IN SECTION
351.402(f)(2) OF THE COMMERCE DEPARTMENT 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 AND/OR COUNTERVAILING DUTIES, CBP SHOULD DOUBLE
THE ANTIDUMPING 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, CBP SHOULD PRESUME
REIMBURSEMENT AND DOUBLE THE ANTIDUMPING AND/OR COUNTERVAILING
DUTIES DUE.
G. Paragraph #5 contains the contact information should CBP field
officers have questions.
H. Paragraph #6 is the disclosure paragraph. The statement at the
beginning and the end of the liquidation instruction regarding
disclosure (THERE ARE NO RESTRICTIONS ON THE RELEASE OF THE
INFORMATION CONTAINED IN THIS E-MAIL MESSAGE) should only be
included in the e-mail message if the message does NOT include
proprietary information. Otherwise, the disclosure message should
read: THIS E-MAIL MESSAGE MAY NOT BE DISCLOSED TO THE PUBLIC.
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4. NON-MARKET ECONOMY CASH DEPOSIT INSTRUCTIONS (Notice of Affirmative Preliminary Antidumping Duty Determination) |
RE: NOTICE OF A PRELIMINARY DETERMINATION IN AN [ANTIDUMPING] DUTY
INVESTIGATION OF [CASE NAME] (A-XIX-XIX-XIX)
1. ON [DATE], THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR
VALUE IN THE (ANTIDUMPING)DUTY INVESTIGATION OF[CASE NAME].
(for a preliminary determination with postponement of final AD
determination, paragraph #1 would read)
1. ON [DATE], THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR
VALUE AND THE POSTPONEMENT OF THE FINAL DETERMINATION IN THE
ANTIDUMPING DUTY INVESTIGATION OF [CASE NAME].
2. SCOPE LANGUAGE
3. FOR FURTHER REPORTING PURPOSES THIS (THESE) CASE(S) HAS (HAVE) BEEN
ASSIGNED INVESTIGATION NUMBER(S) (if there are multiple case numbers
making two columns is easier to read) (if applicable) FOR CUSTOMS
PURPOSES ONLY THE FOLLOWING IDENTIFICATION NUMBERS SHOULD BE USED:
(this is used when the country code in the module is different from
the Investigations number (e.g., Spain and the former USSR countries)
or when a class or kind of merchandise results in different margins
or subsidy rates)
4. FOR IMPORTS OF [CASE NAME], U.S. CUSTOMS AND BORDER PROTECTION (CBP)
SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER [MM/DD/YYYY]. EFFECTIVE
[MM/DD/YYYY] CUSTOMS SHALL REQUIRE, FOR ENTRIES OF [merchandise under
investigation] 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 CUSTOMS ID (MARGIN/AD VALOREM
NUMBER RATE)
XXXXXXXXX XXXXXXXXX A-XXX-XXX-XXX X.XX
6. FOR ALL OTHER ENTRIES OF [merchandise under investigation], THE
FOLLOWING CASH DEPOSIT/BONDING INSTRUCTIONS APPLY:
A. FOR ALL PRC EXPORTERS OF [merchandise under investigation],
WHICH HAVE NOT RECEIVED THEIR OWN RATE, THE CASH-DEPOSIT OR
BONDING RATE WILL BE THE PRC-WIDE RATE.
B. FOR ALL NON-PRC EXPORTERS OF [merchandise under investigation]
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-PRC EXPORTER.
7. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP, CUSTOMS
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, CUSTOMS 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. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY
(GENERATED BY O(Office Number): Analyst's Initials (Example: O2:RL)).
9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
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|
5. NON-MARKET ECONOMY CASH DEPOSIT INSTRUCTIONS (Notice of Affirmative Final Antidumping Duty Determination) |
RE: NOTICE OF FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION
OF (CASE NAME) (A-XIX-XIX)
1. ON [DATE], THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ITS FINAL DETERMINATION OF SALES AT LESS THAN FAIR VALUE
IN THE ANTIDUMPING DUTY INVESTIGATION OF [CASE NAME].
2. SCOPE LANGUAGE
3. FOR FURTHER REPORTING PURPOSES THIS (THESE) CASE(S) HAS (HAVE) BEEN
ASSIGNED INVESTIGATION NUMBER(S) (if there are multiple case numbers,
making two columns is easier to read) (if applicable) FOR CBP PURPOSES
ONLY THE FOLLOWING IDENTIFICATION NUMBERS SHOULD BE USED [this is
used when the country code in the module is different from the
Investigations number (currently Spain and the former USSR countries)
or when the same class or kind of merchandise results in different
margins or subsidy rates.]
4. FOR IMPORTS OF [CASE NAME], U.S. CUSTOMS AND BORDER PROTECTION (CBP)
SHALL SUSPEND LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER [DATE].
5. EFFECTIVE [DATE] CUSTOMS SHALL REQUIRE, FOR ENTRIES OF [merchandise
under investigation] 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 CUSTOMS ID (MARGIN/AD VALOREM
(MARGIN) RATE)
XXXXXXXXXX XXXXXXXXXX A-XXX-XXX-XXX X.XX
6. FOR ALL OTHER ENTRIES OF [merchandise under investigation],
THE FOLLOWING CASH DEPOSIT/BONDING INSTRUCTIONS APPLY:
A. FOR ALL PRC EXPORTERS OF [merchandise under investigation] WHICH
HAVE NOT RECEIVED THEIR OWN RATE, THE CASH-DEPOSIT OR BONDING
RATE WILL BE THE PRC-WIDE RATE.
B. FOR ALL NON-PRC EXPORTERS OF [merchandise under investigation]
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-PRC EXPORTER.
7. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP, CUSTOMS
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, CUSTOMS 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. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY
(GENERATED BY O(Office Number): Analyst's Initials (Example: O2:RL)).
9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
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|
6. CASH DEPOSIT INSTRUCTION FOR NON-MARKET ECONOMY CASES (Notice of Final Results of Administrative Review) |
RE: CASH DEPOSIT INSTRUCTIONS FOR [PRODUCT] FROM [COUNTRY] [(CASE NUMBER)]
1. THE DEPARTMENT OF COMMERCE HAS PUBLISHED IN THE FEDERAL REGISTER
(## FR ####) ON [XX/XX/XXXX] THE FINAL RESULTS OF ITS ADMINISTRATIVE
REVIEW OF CERTAIN EXPORTERS SUBJECT TO THE ANTIDUMPING [FINDING OR
ORDER] ON [PRODUCT] FROM [COUNTRY] FOR THE PERIOD [XX/XX/XXXX]
THROUGH [XX/XX/XXXX].
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 [XX/XX/XXXX], THE REQUIRED CASH DEPOSIT HAS BEEN REVISED
FOR THE FOLLOWING EXPORTERS:
[COMPANY] [A-XXX-XXX-XXX] [PERCENT RATE]
[COMPANY] [A-XXX-XXX-XXX] [PERCENT 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 PRC OR NON-PRC EXPORTER OF THE SUBJECT MERCHANDISE HAS ITS
OWN RATE, USE THE APPLICABLE EXPORTER'S RATE FOR DETERMINING THE
CASH DEPOSIT RATE.
B. FOR ALL PRC EXPORTERS OF SUBJECT MERCHANDISE, WHICH HAVE NOT BEEN
ASSIGNED TO A SEPARATE RATE, THE CASH-DEPOSIT RATE WILL BE THE
PRC-WIDE RATE OF XXXX PERCENT.
C. FOR ALL NON-PRC EXPORTERS OF SUBJECT MERCHANDISE WHICH HAVE NOT
RECEIVED THEIR OWN RATE, THE CASH-DEPOSIT RATE WILL BE THE RATE
APPLICABLE TO THE PRC EXPORTER THAT SUPPLIED THAT NON-PRC 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 RECEIVED.
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 OFFICE OF AD/CVD OPERATION, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY
(GENERATED BY O(Office Number): Analyst's Initials (Example: O2:RL)).
6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
NOTES:
A. Paragraph #1 contains case and period information.
B. Paragraph #2 contains deposit rate information. You must list
the company-specific rate in the column format as illustrated
for ease of reference. Even though the information is repetitive,
the narrative provides an explanation whereas the listing allows
CBP officers to locate the rates quickly.
C. Paragraph #3 is standard and required in all cash deposit
Instructions for NME cases. This paragraph is used to determine
the applicable cash deposit rate.
D. Paragraph #4 is standard and required in all cash deposit
instructions. This paragraph sets up the length of time in
which the above-listed cash deposit rates remain in effect.
E. Paragraph #5 contains the contact information should CBP field
officers or others have questions.
F. Paragraph #6 indicates whether the instruction can be released
to the public, which is based on whether there is any proprietary
information included in the E-mail instruction.
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| 7. NON REVIEW LIQUIDATION INSTRUCTIONS FOR NON-MARKET ECONOMY CASES |
RE: NON REVIEW LIQUIDATION INSTRUCTIONS FOR [PRODUCT] FROM [COUNTRY]
FOR THE PERIOD [MM/DD/YYYY-MM/DD/YYYY] [(A-XXX-XXX)]
1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT ADMINISTRATIVE
REVIEWS OF ANTIDUMPING FINDINGS/DUTY ORDERS. INSTEAD, REVIEWS MUST BE
REQUESTED PURSUANT TO SECTION 751(a)(1)OF THE TARIFF ACT OF 1930 AND IN
ACCORDANCE WITH SECTION 351.213 OF THE COMMERCE DEPARTMENT REGULATIONS.
2. THE LIQUIDATION AND CASH DEPOSIT RATES FOR FIRMS WITH A NONMARKET
ECONOMY SEPARATE RATE, FOR WHICH AN ANTIDUMPING ADMINISTRATIVE REVIEW
WAS NOT REQUESTED, WILL NOT BE REVISED FOR THIS PERIOD. THE FIRMS
LISTED BELOW HAVE BOTH A NONMARKET ECONOMY SEPARATE RATE AND ARE NOT
SUBJECT TO THE REVIEW FOR THE PERIOD [MM/DD/YYYY-MM/DD/YYYY]. THEREFORE,
IN ACCORDANCE WITH SECTION 351.212(c) OF DEPARTMENT OF COMMERCE
REGULATIONS, 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 ON THE
DATE OF ENTRY.
(PRODUCT) FROM (COUNTRY)
(CASE NUMBER) (MM/DD/YYYY - MM/DD/YYYY)
LIQUIDATE ALL ENTRIES FOR FIRMS LISTED BELOW:
(LIST FIRMS AND 10 DIGIT CASE NUMBER)
3. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED BY THIS INSTRUCTON.
OR
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 [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 PROVIDED.
4. ENTRIES OF MERCHANDISE OF FIRMS NOT LISTED ABOVE SHOULD NOT
BE LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF THE ANTIDUMPING ADMINISTRATIVE REVIEW FOR THE PERIOD
[MM/DD/YYYY-MM/DD/YYYY]. CONTINUE TO SUSPEND LIQUIDATION OF ALL
ENTRIES OF MERCHANDISE THAT WERE EXPORTED BY THE UNLISTED FIRMS
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 DURING THE PERIOD (MM/DD/YYYY THROUGH
(MM/DD/YYYY) OCCURRED WITH THE PUBLICATION OF THE NOTICE OF
INITIATION OF ADMINISTRATIVE REVIEW (XX FR XXXX, MM/DD/YYYY).
FOR ALL OTHER SHIPMENTS OF [PRODUCT] FROM [COUNTRY] YOU SHALL
CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING
DUTIES FOR SUBSEQUENT ENTRIES OF THE SUBJECT MERCHANDISE AT
THE CURRENT RATES.
6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON SHIPMENTS OR ENTRIES OF THIS MERCHANDISE IS
SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF
1930. SECTION 778 REQUIRES THAT CBP PAY INTEREST ON OVERPAYMENTS
OR ASSESS INTEREST ON UNDERPAYMENTS, OF THE REQUIRED AMOUNTS
DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. THE INTEREST PROVISIONS
ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY ORDER.
INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF ESTIMATED
ANTIDUMPING DUTIES THROUGH THE DATE OF LIQUIDATION. THE RATE AT
WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER SECTION
6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.
7. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE
IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION
351.402(f)(2) OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER
SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF
THE ENTRY. IF THE IMPORTER CERTIFIES THAT IT HAS AN AGREEMENT WITH
THE MANUFACTURER, PRODUCER, SELLER, OR EXPORTER TO BE REIMBURSED
ANTIDUMPING DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN
ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF
THE IMPORTER DOES NOT PROVIDE THE REIMBURSEMENT STATEMENT PRIOR
TO LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE
ANTIDUMPING DUTIES DUE. (For AD cases with corresponding CVD cases
use language in paragraph E under Notes.)
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 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(Office Number): Analyst's Initials (Example: O2:RL)).
9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
NOTES:
A. Paragraph #1 is standard.
B. Paragraph #2 lists the case and products being liquidated. You must list
firms whose entries are being liquidated. The ten digit case number for
the firms whose entries are being liquidated should also be listed. When
there is no firm reviewed, the instruction is to liquidate all firms.
C. Paragraph #3 provides information as to whether a pending injunction
applies to an entry covered by the liquidation instructions.
D. Paragraph #3 is used only if there are firms subject to administrative review.
E. Paragraph #4 is standard.
F. Paragraphs #5 and #6 are standard interest and reimbursement paragraphs.
However, if the AD case has a corresponding CVD case use the following
language in the reimbursement paragraph.
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE
IMPORTER PROVIDE A REIMBURSEMENT STATEMENT DESCRIBED IN SECTION
351.402(f)(2) OF THE COMMERCE DEPARTMENT 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 AND/OR COUNTERVAILING DUTIES, CBP SHOULD DOUBLE
THE ANTIDUMPING 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, CBP
SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING AND/OR
COUNTERVAILING DUTIES DUE.
G. Paragraph #7 contains the contact information should CBP field officers
have questions. The relevant division/office secretary's telephone number
should be inserted in this paragraph.
H. Paragraph #8 is applicable to E-mail instructions where there is no
sensitive information included.
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|
8. NON REVIEW LIQUIDATION INSTRUCTIONS FOR NON-MARKET ECONOMY CASES
(No Review Requested for any Firm) |
RE: NON REVIEW LIQUIDATION INSTRUCTIONS FOR [ PRODUCT] FROM [COUNTRY]
FOR THE PERIOD [MM/DD/YYYY-MM/DD/YYYY] [(A-XXX-XXX)]
1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT ADMINISTRATIVE
REVIEWS OF ANTIDUMPING FINDINGS/DUTY ORDERS. INSTEAD, REVIEWS MUST BE
REQUESTED PURSUANT TO SECTION 751(a)(1) OF THE TARIFF ACT OF 1930 AND IN
ACCORDANCE WITH SECTION 351.213 OF THE COMMERCE DEPARTMENT REGULATIONS.
2. THE DEPARTMENT OF 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 SECTION 351.212(c) OF DEPARTMENT
OF COMMERCE REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT OR
BONDING RATE IN EFFECT ON THE DATE OF ENTRY.
NAME OF PRODUCT/CASE NUMBER (A-XXX-XXX) FROM (NAME OF COUNTRY)
POR: (MM/DD/YYYY - MM/DD/YYYY)
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
3. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED BY THIS INSTRUCTON.
OR
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 [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 PROVIDED.
4. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT
MERCHANDISE DURING THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY] OCCURRED
WITH THE PUBLICATION OF THE NOTICE OF INITIATION OF ADMINISTRATIVE REVIEW
([XX FR XXXX], [MM/DD/YYYY]). FOR ALL OTHER SHIPMENTS OF [PRODUCT] FROM
[COUNTRY] YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES OF THE SUBJECT MERCHANDISE AT
THE CURRENT RATES.
5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER PROTECTION ON
SHIPMENTS OR ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAY
INTEREST ON OVERPAYMENTS OR ASSESS INTEREST ON UNDERPAYMENTS, OF THE
REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED
ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY
ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF ESTIMATED
ANTIDUMPING DUTIES THROUGH THE DATE OF LIQUIDATION. THE RATE AT WHICH
SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER SECTION 6621 OF THE
INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.
6. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE IMPORTER
PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 351.402(f)(2) OF
THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER SHOULD PROVIDE THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER
CERTIFIES THAT IT HAS AN AGREEMENT WITH THE MANUFACTURER, PRODUCER, SELLER,
OR EXPORTER TO BE REIMBURSED ANTIDUMPING DUTIES, CBP SHOULD DOUBLE THE
ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER DOES NOT PROVIDE THE REIMBURSEMENT STATEMENT
PRIOR TO LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE
ANTIDUMPING DUTIES DUE.
7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE
IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI
OR RON TRENTHAM AT 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:
(Office Number): Analyst's Initials (Example: O2:RL)).
8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
NOTES:
A. Paragraph #1 is standard.
B. Paragraph #2 lists the case and product being liquidated.
C. Paragraph #3 provides information as to whether a pending injunction
applies to an entry covered by the liquidation instructions.
D. Paragraph #4 provides the date of notice of lifting of suspension
of liquidation.
E. Paragraphs #5 and #6 are standard interest and reimbursement
paragraphs. However, if the AD case has a corresponding CVD
case use the following language in the reimbursement paragraph.
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT
THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT DESCRIBED IN
SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT 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 AND/OR
COUNTERVAILING DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING
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, CBP SHOULD
PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING AND/OR
COUNTERVAILING DUTIES DUE.
F. Paragraph #7 contains the contact information should CBP field
officers have questions..
G. Paragraph #8 is applicable to E-mail instructions where there
is no sensitive information included.
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United States Department of Commerce . International Trade Administration . Import Administration . 1401 Constitution Ave NW Washington DC 20230 |