| BOILERPLATE EMAIL INSTRUCTIONS TO U.S. CUSTOMS AND BORDER PROTECTION
OFFICE OF AD/CVD OPERATIONS, UNITED STATES DEPARTMENT OF COMMERCE |
| last update: Aug 18, 2008 |
| T A B L E O F C O N T E N T S [ Click Here for an Index of NME-Specific Instructions ] |
1. GENERAL INFORMATION ABOUT AD/CVD OPERATIONS E-MAILS 2. DESCRIPTION OF PARAGRAPHS IN E-MAIL 3. B L A N K 4. INITIATION 5. AFFIRMATIVE PRELIMINARY DETERMINATION With Postponement of Final AD Determination With Alignment of CVD Investigation to AD Investigation 5a. NOTICE OF PRELIMINARY ANTIDUMPING DETERMINATION 6. NEGATIVE PRELIMINARY DETERMINATION 7. AFFIRMATIVE FINAL DETERMINATION WITH CVD ORDER ISSUED SIMULTANEOUSLY 8. NEGATIVE FINAL DETERMINATION 8a. LIQUIDATION INSTRUCTIONS FOR GAP PERIOD DURING THE LESS THAN FAIR VALUE INVESTIGATION 9. ORDER AND ORDER WITH AMENDED FINAL 10. PETITION WITHDRAWN 11. ITC NEGATIVE PRELIMINARY DETERMINATION 12. ITC NEGATIVE FINAL DETERMINATION 12a. LIQUIDATION FOLLOWING ITC NOTIFICATION OF THREAT OF MATERIAL INJURY 13. TERMINATION OF SUSPENSION OF LIQUIDATION (CVD ONLY) 14. CVD ALIGNMENT WITH DUMPING 15. CVD DETERMINATION AND ORDER PUBLISHED SIMULTANEOUSLY 16. CASH DEPOSIT INSTRUCTION - ONE RATE 16a. CASH DEPOSIT INSTRUCTION - NEW SHIPPER REVIEW 17. CASH DEPOSIT UPDATE FOLLOWING FINAL RESULTS OF AN ADMINISTRATIVE REVIEW - MULTIPLE RATES (CVD) 18. LIQUIDATION FOLLOWING FINAL RESULTS OF FIRST ADMINISTRATIVE REVIEW (CVD) 19. LIQUIDATION FOLLOWING FINAL RESULTS OF AN ADMINISTRATIVE REVIEW - ONE RATE (CVD) 20. LIQUIDATION FOLLOWING FINAL RESULTS OF AN ADMINISTRATIVE REVIEW - MULTIPLE RATES (CVD) 21. AUTOMATIC LIQUIDATION INSTRUCTIONS FOR CVD CASES 22. B L A N K 23. TYPES OF CIRCUMSTANCES - SPECIAL LANGUAGE INSTRUCTION Critical Circumstances - Determined at Prelim - Determined at Final (affirmative prelim) - Determined at Final (negative prelim) - Reversed at Final Modified E-Mails - Correction of Previous Message - Amended Determination - Clarification of Previous Message - Manufacturer Found to be De Minimis at Prelim - Country Found to be De Minimis at Prelim - Manufacturer Found to be Excluded at Final - Companion Cases - ITC Determines Negative Critical Circumstances - ITC Determines Threat of Material Injury 24. BOILERPLATE LANGUAGE: Interest Paragraph (All Liquidation E-mails) Reimbursement Paragraph (Antidumping Only) Contact Paragraph 25. CASH DEPOSIT INSTRUCTIONS 26. AMENDED CASH DEPOSIT INSTRUCTIONS 27a. LIQUIDATION INSTRUCTIONS - ANTIDUMPING (First Administrative Review Only w/ Anniversary Month Before May 2003) 27a1. LIQUIDATION INSTRUCTIONS - ANTIDUMPING (First Administrative Review Only w/ Anniversary Month After May 2003) 27b. LIQUIDATION INSTRUCTIONS - ANTIDUMPING (For Second Administrative Reviews and Beyond w/ Anniversary Month Before May 2003) 27b1. LIQUIDATION INSTRUCTIONS - ANTIDUMPING (For Second Administrative Reviews and Beyond w/ Anniversary Month After May 2003) 27c. LIQUIDATION INSTRUCTIONS - ANTIDUMPING (After Litigation Requiring the Publication of Amended Final Results) 27d. LIQUIDATION INSTRUCTIONS - ANTIDUMPING (After Litigation No Amended Final Results Required) 28. AUTOMATIC LIQUIDATION INSTRUCTIONS FOR ANTIDUMPING CASES 29. NOTIFICATION OF INJUNCTION 29a. TEMPORARY RESTRAINING ORDER (TR0) INSTRUCTIONS 30. SCOPE RULING NOTIFICATION 31. SCOPE RULING NOTIFICATION (OUTSIDE THE SCOPE) 32. SCOPE RULING NOTIFICATION (WITHIN THE SCOPE) 33a. RESCISSION OF REVIEW NOTIFICATION 33b. PARTIAL RESCISSION OF REVIEW NOTIFICATION 33c. RESCISSION OF REVIEW NOTIFICATION (NO SHIPMENTS) 34a. REVOCATION NOTIFICATION - NO INTEREST BY PETITIONER 34b. PRODUCT-SPECIFIC REVOCATION NOTIFICATION - NO INTEREST IN A PRODUCT BY PETITIONER 34c. NOTIFICATION OF REVOCATION OF FINDING OR ORDER REVOKED UNDER 351.222(b)(1) 34d. NOTIFICATION OF COMPANY-SPECIFIC REVOCATION OF FINDING OR ORDER IN PART REVOKED UNDER 351.222(b)(2) 34e. SUNSET REVOCATION OF ANTIDUMPING/COUNTERVAILING DUTY ORDERS 35. PARTIAL LIQUIDATION INSTRUCTIONS 36. NO SHIPMENTS INQUIRY 37. SUSPENSION OF INVESTIGATION - SUSPENSION AGREEMENT 38. CORRECTION OF A PREVIOUS MESSAGE |
| 1. GENERAL INFORMATION ABOUT AD/CVD OPERATIONS E-MAILS |
|
E-mails prepared by AD/CVD Operations include the Table of contents (TC), initiations, preliminary and final determinations, orders, terminations and various corrections. The TC indicates other types of messages not herein mentioned (cash deposits, liquidation, etc.). The combined e-mails provide a composite history of effective dates, rates, and the status of the case when viewed in the module. Although an E-mail message is created by Commerce, it is actually a communication between CBP headquarters and its field personnel and, therefore it must be written as if by CBP, e.g., the 'Department' must read the 'Department of Commerce' or it will mean the 'Treasury Department'. AD/CVD Operations E-mails cover the period of time from initiation to liquidation. AD/CVD Operations E-mails are case-specific. Each message can have up to six cases but they all must have the same scope description. If the scope is divided by a class or kind of merchandise (except for non-review liquidation), additional case numbers are assigned from Central Records at Commerce. For certain countries the CBP country codes are different from the country codes used by Commerce. The current codes which are different for CBP are: Spain (470), Russia (462-1), Belarus (462-2), Ukraine (462-3), Armenia (463-1), Azerbaijan (463-2), Georgia (462-3), Kazakhstan (464-3), Kyrgyzstan (463-5), Moldova (464-1), Tajikistan (464-2), Turkmenistan (464-3), Uzbekistan (464-4), and the former provinces of Yugoslavia (to date, new numbers have not yet been assigned). When a case is terminated, it is not necessary to include the scope. If the termination is prior to the order, the interest sentence needs to be added. If instructions are given after an order, the interest paragraph must also be included. The E-Mail is official when CBP posts it to the Customs Electronic Bulletin Board (CEBB). The E-mail will contain a "header" at the top of the message. The header data consists of the message number, date, category (ADA or CVD), type (INI, PRE, FIN, etc.), reference information, case number(s), and period covered. The header information also includes the addressee and the senders name. Until this copy is received back from CBP, the E-mail is considered a draft. Commerce only sends instructions to CBP Headquarters through E-mail attribute HQ OAB. CBP then posts it to their electronic bulletin board for their field employees. Unless the instruction is exempt from disclosure to the public, it is simultaneously posted to the customshouse brokers electronic bulletin board, the Automated Interface (ABI) filer Administrative Message Board and the Customs Electronic Bulletin Board (CEBB). The first is for any ABI entry filers, the last is a dial-up service available to the public. |
| 2. DESCRIPTION OF PARAGRAPHS IN E-MAIL |
|
Paragraph #1, of a typical E-mail, should always identify the subject product, CBP case number, the country, the period of review, the Federal Register (F.R.) and the date of publication. If a correction is being made to a prior E-mail, note the original message number along with itsdate. The content of the correction (i.e., date, margins, etc.) should also be identified. Paragraph #2 is a description of the scope. The scope is printed in the F.R. notice. Unless the scope description is changed it must be included in each instruction sent. Paragraph #3 identifies the case number. If the identification number for CBP is different from the Commerce number, it must be noted here. This difference in the numbers could be attributed to a different class or kind of merchandise within the scope or a country code difference. Paragraphs #4 and #5 are the instructions for CBP. Depending on the complexity of the case there may be additional paragraphs. Inserting company names in alphabetical order, enables users of E-mail and the module to locate information more quickly. If the case requires additional explanation, it should follow the instructions in paragraph #5. Keep explanations as simple as possible. Remember the person reading the E-mail has access to the Federal Register notice for a full explanation. The E-mail is simply a set of instructions for CBP, not a full case history. If a case is extremely complicated Commerce should call CBP for assistance prior to submission of the message eliminating a possible reject. The next to the last paragraph should name the contacts for CBP and Commerce. If you are using an old boilerplate you must ensure that this paragraph contains current information. The last paragraph states what restrictions, if any, apply. If this is an administrative review, the last paragraph on disclosure does not apply. If there are restrictions (proprietary information) insert at the top of the message AND at the bottom the words "NOT FOR PUBLIC DISCLOSURE." The signature (name) at the bottom of the message refers to a CBP official. |
| 3. BLANK |
| 4. INITIATION |
RE: INITIATION OF (ANTIDUMPING/COUNTERVAILING DUTY) INVESTIGATION(S)
OF (CASE NAME) (A/C-XIX-XIX)
1. ON (DATE) THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ITS INITIATION(S) 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) [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))
4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT 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)).
5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 5. AFFIRMATIVE PRELIMINARY DETERMINATION |
RE: NOTICE OF A PRELIMINARY DETERMINATION IN AN (ANTIDUMPING/COUNTERVAILING)
DUTY INVESTIGATION OF (CASE NAME) (A/C-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/AFFIRMATIVE DETERMINATION IN THE
COUNTERVAILING) 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)
(for a preliminary determination with alignment of the CVD case to
AD final, paragraph #1 would read)
1. ON (DATE), THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ITS PRELIMINARY AFFIRMATIVE DETERMINATION AND ALIGNMENT
OF ITS FINAL COUNTERVAILING DUTY DETERMINATION OF (CASE NAME) FROM
(DATE) UNTIL NO LATER THAN (DATE), THEREBY ALIGNING IT WITH THE
DUE DATE FOR 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 (currently 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), THE BUREAU OF CUSTOMS AND BORDER
PROTECTION SHALL SUSPEND LIQUIDATIONS OF SUCH SHIPMENTS ENTERED
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER (DATE).
EFFECTIVE (DATE) CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE (MARGINS/SUBSIDY
RATES) SHOWN BELOW:
MFR/PRODUCER CUSTOMS ID (MARGIN/AD VALOREM)
EXPORTER NUMBER (PERCENTAGE/SUBSIDY RATE)
XXXXXXXXXXXXX A/C-XIX-XIX-XIX X.XX
5. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM OTHER
THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS APPLY:
A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE ITS
OWN RATE BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH DEPOSIT
OR BONDING RATE WILL BE THE MANUFACTURER'S RATE.
B. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY HAS
ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE 'ALL OTHER'
RATE OF XX.XX PERCENT TO ESTABLISH THE CASH DEPOSIT OR BONDING RATE.
6. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP, 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.
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
|
| 5a. NOTICE OF PRELIMINARY ANTIDUMPING DETERMINATION |
RE: NOTICE OF A PRELIMINARY DETERMINATION IN AN ANTIDUMPING DUTY
INVESTIGATION OF (CASE NAME) (A-XIX-XIX-XIX)
1. ON [MM/DD/YYYY], THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE
FEDERAL REGISTER ITS AFFIRMATIVE 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 [MM/DD/YYYY], THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE
FEDERAL REGISTER ITS AFFIRMATIVE 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 (currently Spain and
the former USSR countries) or when a class or kind of merchandise
results in different margins)
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 [MM/DD/YYYY]
EFFECTIVE [MM/DD/YYYY] CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES,
A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE (MARGINS/
SUBSIDY RATES) SHOWN BELOW:
MFR/PRODUCER CUSTOMS ID (MARGIN/AD VALOREM
EXPORTER NUMBER (RATE)
xxxxxxxxxxxxx A-XXX-XXX-XXX X.XX
5. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM OTHER
THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS APPLY:
A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE ITS
OWN RATE BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH
DEPOSIT OR BONDING RATE WILL BE THE MANUFACTURER'S RATE.
B. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY HAS
ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE 'ALL
OTHER' RATE OF XX.XX PERCENT TO ESTABLISH THE CASH DEPOSIT
OR BONDING RATE.
6. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP, 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.
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
|
| 6. NEGATIVE PRELIMINARY DETERMINATION |
RE: NOTICE OF A PRELIMINARY DETERMINATION IN THE (ANTIDUMPING/COUNTERVAILING)
DUTY INVESTIGATION OF (CASE NAME) (A/C-XIX-XIX)
1. ON (DATE), THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ITS PRELIMINARY (DETERMINATION OF SALES AT NOT LESS THAN
FAIR VALUE IN THE ANTIDUMPING/NEGATIVE DETERMINATION IN THE
COUNTERVAILING) 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 NOT LESS THAN
FAIR VALUE AND THE POSTPONEMENT OF THE FINAL DETERMINATION IN THE
ANTIDUMPING DUTY INVESTIGATION OF (CASE NAME)
(for a preliminary determination with alignment of the CVD case to
AD final, paragraph #1 would read)
1. ON (DATE), THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ITS PRELIMINARY NEGATIVE DETERMINATION AND ALIGNMENT OF
ITS FINAL COUNTERVAILING DUTY DETERMINATION OF (CASE NAME) FROM
(DATE) UNTIL NO LATER THAN (DATE), THEREBY ALIGNING IT WITH THE
DUE DATE FOR 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 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 a class or kind of merchandise
results in different margins or subsidy rates)
4. NO SUSPENSION OF LIQUIDATION IS REQUIRED AT THIS TIME.
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 THIS INFORMATION.
DAVID M. GENOVESE
|
| 7. AFFIRMATIVE FINAL DETERMINATION |
RE: NOTICE OF FINAL DETERMINATION IN THE ANTIDUMPING/COUNTERVAILING
DUTY INVESTIGATION OF (CASE NAME) (A/C-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/AFFIRMATIVE DETERMINATION IN THE COUNTERVAILING)
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), CUSTOMS AND BORDER PROTECTION SHALL
CONTINUE TO SUSPEND LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER (DATE).
EFFECTIVE (DATE) CBP SHALL REQUIRE FOR ENTRIES A CASH DEPOSIT
OR THE POSTING OF A BOND EQUAL TO THE MARGINS/SUBSIDY RATES
SHOWN BELOW:
MFR/PRODUCER CBP ID (MARGIN/AD VALOREM)
EXPORTER NUMBER PERCENTAGE/SUBSIDY RATE
XXXXXXXXXXXXX A/C-XIX-XIX-XIX X.XX
5. 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.
6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY
(GENERATED BY O(Office Number): Analyst's Initials (Example: O2:RL)).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 8. NEGATIVE FINAL DETERMINATION |
RE: NOTICE OF A FINAL DETERMINATION IN THE (ANTIDUMPING/COUNTERVAILING)
DUTY INVESTIGATION OF (CASE NAME) (A/C-XIX-XIX)
1. ON (DATE), THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ITS FINAL (DETERMINATION OF SALES AT NOT LESS THAN FAIR
VALUE IN THE ANTIDUMPING/NEGATIVE DETERMINATION IN THE COUNTERVAILING)
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)(if preliminary is affirmative use this for paragraph four)
4. THE DEPARTMENT OF COMMERCE FOUND THAT (NO FINAL MARGIN/A DEMINIMIS
MARGIN OF (XX PERCENT) EXISTS WITH RESPECT TO (CASE NAME). ACCORDINGLY,
CBP IS DIRECTED TO TERMINATE THE SUSPENSION OF LIQUIDATION FOR SHIPMENTS
OF (PRODUCT) ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER (DATE), AND TO RELEASE ANY BOND OR OTHER SECURITY, AND REFUND ANY
CASH DEPOSIT. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF
1930 DO NOT APPLY.
5. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER (DATE), OCCURRED WITH THE PUBLICATION OF THE NOTICE OF FINAL
DETERMINATION (OR AMENDED FINAL DETERMINATION) OF INVESTIGATION (CITE
THE FR. NOTICE AND DATE OF PUBLICATION).
6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE
IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR
RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT
(202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O(Office
Number): Analyst's Initials (Example: O2:RL)).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 8a. LIQUIDATION INSTRUCTIONS FOR GAP PERIOD DURING THE LESS THAN FAIR VALUE INVESTIGATION |
This instruction is applicable to entries for which the suspension of
liquidation continued after the expiration of the provisional measures
period during the less-than-fair-value investigation. This instruction
applies to both market economy and non-market economy cases.
RE: GAP PERIOD LIQUIDATION INSTRUCTIONS FOR THE [ANTIDUMPING/COUNTERVAILING]
DUTY ORDER ON [PRODUCT] FROM [COUNTRY] PRODUCED BY [FIRM] FOR PERIOD
[MM/DD/YYYY] THROUGH [MM/DD/YYYY] ([CASE NUMBER])
1. IN ACCORDANCE WITH SECTION [select 733(d) (AD) or 703(d) (CVD)] OF
THE ACT OF 1930, AS AMENDED, THE DEPARTMENT MAY SUSPEND THE LIQUIDATION
OF MERCHANDISE SUBJECT TO [AN ANTIDUMPING or COUNTERVAILING] DUTY
INVESTIGATION AND COLLECT ESTIMATED DUTIES FOR A TEMPORARY PERIOD
(THE PROVISIONAL MEASURES PERIOD). WHEN SUBJECT MERCHANDISE CONTINUES
TO BE SUSPENDED AFTER THE PROVISIONAL MEASURES PERIOD, THE DEPARTMENT
MUST INSTRUCT CBP TO TERMINATE SUSPENSION AND LIQUIDATE WITHOUT REGARD
TO [ANTIDUMPING/COUNTERVAILING] DUTIES ON SUCH MERCHANDISE.
2. ON [MM/DD/YYYY], THE PROVISIONAL MEASURES PERIOD EXPIRED. HOWEVER,
SUSPENSION OF LIQUIDATION OF SUBJECT MERCHANDISE MAY HAVE CONTINUED.
3. ACCORDINGLY, FOR SHIPMENTS OF [PRODUCT] FROM [COUNTRY], ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION, THAT REMAINED SUSPENDED
DURING THE PERIOD [DAY ON WHICH PROVISIONAL MEASURES PERIOD EXPIRES]
THROUGH [DAY PRIOR TO THE ITC FINAL DETERMINATION], CBP SHOULD
TERMINATE THE SUSPENSION OF LIQUIDATION AND LIQUIDATE WITHOUT
REGARD TO [ANTIDUMPING or COUNTERVAILING] DUTIES (I.E., RELEASE
ALL BONDS AND REFUND ALL CASH DEPOSITS, WITH INTEREST).
4. THIS INSTRUCTION CONSTITUTES NOTICE OF THE LIFTING OF SUSPENSION
OF LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD
[MM/DD/YYYY] THROUGH [MM/DD/YYYY].
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 H 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 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)).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
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 introduces the provisional measures period in accordance
with Section 733(d) and 703(d) of the Tariff Act of 1930, as amended,
for antidumping and countervailing duty investigations, respectively,
and indicates that, despite the expiration of the provisional measures
period, the suspension of subject merchandise may have continued.
D. Paragraph #2 specifies when the provisional measures period expired
in the case. This paragraph also conveys to CBP that suspension of
liquidation of merchandise may have occurred following the expiration
of the time period covered by provisional measures.
E. Paragraph #3 instructs CBP to terminate suspension of the subject
merchandise that was suspended after the expiration of the provisional
measures period and liquidate without regard to AD or CVD duties.
G. Paragraph #4: Since this instruction is applicable only to merchandise
that entered during the investigation stage of this case, this
liquidation instruction constitutes the notice of lifting of
suspension of liquidation.
H. Paragraph #5 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 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 # 6 contains the contact information should outside
parties have questions.
J. Paragraph # 7 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.
|
| 9. ORDER AND ORDER WITH AMENDED FINAL |
RE: (ANTIDUMPING/COUNTERVAILING) DUTY ORDER IN THE INVESTIGATION
OF (CASE NAME) (A/C-XIX-XIX)
1. ON (DATE), THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ITS (ANTIDUMPING/COUNTERVAILING) DUTY ORDER IN THE
INVESTIGATION OF (CASE NAME).
(for amended final determination paragraph #1 would read)
1. ON (DATE), THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ITS (ANTIDUMPING/COUNTERVAILING) DUTY ORDER AND AMENDED
FINAL DETERMINATION, IN THE INVESTIGATION OF (CASE NAME). THIS IS
AN AMENDMENT OF MESSAGE (NUMBER) ON (DATE).
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), CUSTOMS AND BORDER PROTECTION SHALL
SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER (DATE). EFFECTIVE (DATE)
CBP SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE (MARGINS/SUBSIDY
RATES) SHOWN BELOW:
MFR/PRODUCER CBP ID (MARGIN/AD VALOREM)
EXPORTER NUMBER PERCENTAGE/SUBSIDY RATE
XXXXXXXXXXXXX A/C-XIX-XIX-XIX X.XX
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 THIS INFORMATION.
DAVID M. GENOVESE
|
| 10. PETITION WITHDRAWN |
RE: TERMINATION OF THE (ANTIDUMPING/COUNTERVAILING DUTY) INVESTIGATION
OF (CASE NAME) (A/C-XIX-XIX)
1. ON (DATE), THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER NOTICE OF THE TERMINATION OF THE (ANTIDUMPING/COUNTERVAILING)
DUTY INVESTIGATION OF (CASE NAME). THE INVESTIGATION HAS BEEN
TERMINATED BECAUSE THE PETITION WAS WITHDRAWN. ALL PARTIES TO
THE PROCEEDING HAVE BEEN NOTIFIED AND THE INTERNATIONAL TRADE
COMMISSION HAS BEEN CONSULTED. THE DEPARTMENT OF COMMERCE HAS
DETERMINED THAT THIS TERMINATION IS IN THE PUBLIC INTEREST.
(paragraphs two and three are included only if the withdrawal
occurs after suspension of liquidation has been ordered)
2. FIELD OFFICES SHOULD DISCONTINUE SUSPENSION OF LIQUIDATION OF
SHIPMENTS OF MERCHANDISE ENTERED OR WITHDRAWN FROM THE WAREHOUSE
FOR CONSUMPTION ON OR AFTER (DATE). ALL ESTIMATED ANTIDUMPING
DUTIES DEPOSITED ON ENTRIES OF THE SUBJECT MERCHANDISE SHALL BE
REFUNDED AND THE BONDS OR OTHER SECURITY RELEASED AT THE TIME
OF LIQUIDATIONS.
3. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930
DO NOT APPLY.
4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT 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)).
5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 11. ITC NEGATIVE PRELIMINARY DETERMINATION |
RE: TERMINATION OF THE (ANTIDUMPING/COUNTERVAILING) DUTY INVESTIGATION
OF (CASE NAME)(A/C-XIX-XIX)
1. ON (DATE), THE INTERNATIONAL TRADE COMMISSION (ITC) NOTIFIED THE
DEPARTMENT OF COMMERCE OF ITS NEGATIVE PRELIMINARY DETERMINATION
IN THE (ANTIDUMPING/COUNTERVAILING) DUTY INVESTIGATION OF (CASE
NAME). THE (ANTIDUMPING/COUNTERVAILING) DUTY INVESTIGATION OF
(CASE NAME) HAS BEEN TERMINATED.
2. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT 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)).
3. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 12. ITC NEGATIVE FINAL DETERMINATION |
RE: TERMINATION OF THE (ANTIDUMPING/COUNTERVAILING) DUTY INVESTIGATION
OF (CASE) (A/C-XIX-XIX)
1. ON (DATE), THE INTERNATIONAL TRADE COMMISSION (ITC) PUBLISHED IN THE
FEDERAL REGISTER (XX FR XXXX) ITS NEGATIVE FINAL DETERMINATION IN THE
(ANTIDUMPING/COUNTERVAILING) DUTY INVESTIGATION OF (CASE NAME). THE
(ANTIDUMPING/COUNTERVAILING) DUTY INVESTIGATION OF (CASE NAME) HAS
BEEN TERMINATED.
2. FIELD OFFICES SHOULD DISCONTINUE SUSPENSION OF LIQUIDATION OF ALL
SHIPMENTS OF THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION ON OR AFTER (DATE). ALL ESTIMATED (ANTIDUMPING/
COUNTERVAILING) DUTIES DEPOSITED ON ENTRIES OF THE SUBJECT MERCHANDISE
SHALL BE REFUNDED AND THE BONDS OR OTHER SECURITY RELEASED AT THE TIME
OF LIQUIDATION.
3. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER (DATE), OCCURRED WITH THE PUBLICATION OF THE ITC’S NOTICE OF
NEGATIVE FINAL DETERMINATION OF INVESTIGATION (CITE THE FR. NOTICE
AND DATE OF PUBLICATION).
4. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT APPLY.
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 THIS INFORMATION.
DAVID M. GENOVESE
|
| 12a. LIQUIDATION FOLLOWING ITC NOTIFICATION OF THREAT OF MATERIAL INJURY |
RE: LIQUIDATION FOLLOWING ITC NOTIFICATION OF THREAT OF MATERIAL
INJURY FOR [product] FROM [country] FOR THE PERIOD [MM/DD/YYYY]
THROUGH [MM/DD/YYYY]
1. ON [date], THE INTERNATIONAL TRADE COMMISSION (ITC) PUBLISHED IN
THE FEDERAL REGISTER (XX FR XXXX, DATED MM/DD/YYYY) ITS FINAL
DETERMINATION NOTIFIYING COMMERCE THAT IMPORTS OF [product] FROM
[country] THREATEN THE U.S. INDUSTRY WITH MATERIAL INJURY (or
[MATERIAL RETARDATION OF THE ESTABLISHMENT OF A U.S. INDUSTRY]).
2. IN ACCORDANCE WITH SECTION 736(b)(2) OF THE TARIFF ACT OF 1930, CBP
SHOULD TERMINATE THE SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF
[product] ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION THAT
WERE SUSPENDED BEFORE THE [date of publication of ITC’s final
determination notice Federal Register]. ALL ENTRIES OF THE SUBJECT
MERCHANDISE THAT WERE SUSPENDED BEFORE [date of publication of ITC’s
final determination notice Federal Register] SHOULD BE LIQUIDATED
WITHOUT REGARD TO ANTIDUMPING DUTIES, (I.E., RELEASE ALL BONDS AND
RETURN ALL CASH DEPOSITS).
3. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF
MERCHANDISE ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
BEFORE ([date of publication of ITC’s final determination notice
Federal Register], OCCURRED WITH THE PUBLICATION OF THE ITC’S FINAL
DETERMINATION OF INVESTIGATION (CITE THE FR. NOTICE AND DATE OF
PUBLICATION OF ITC’S FINAL DETERMINATION). 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.
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 G 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 THIS INFORMATION.
DAVID M. GENOVESE
|
| 13. DISCONTINUATION OF SUSPENSION OF LIQUIDATION |
RE: DISCONTINUATION OF SUSPENSION OF LIQUIDATION IN THE COUNTERVAILING DUTY
INVESTIGATION(S) OF (C-XIX-XIX-XIX)
1. IN KEEPING WITH THE WORLD TRADE ORGANIZATION AGREEMENT ON SUBSIDIES
AND COUNTERVAILING MEASURES, THE DEPARTMENT IS DISCONTINUING THE
SUSPENSION OF LIQUIDATION ON THE COUNTERVAILING DUTY INVESTIGATION
OF (CASE) EFFECTIVE (DATE), WHICH IS 120 DAYS AFTER THE DATE OF
PUBLICATION OF THE PRELIMINARY DETERMINATION.
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))
4. FIELD OFFICERS SHALL DISCONTINUE THE SUSPENSION OF LIQUIDATION FOR
COUNTERVAILING DUTY PURPOSES ON ALL SHIPMENTS OF THE SUBJECT
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
ON OR AFTER (DATE). THE SUSPENSION OF LIQUIDATION WILL NOT BE RESUMED
UNLESS AND UNTIL THE DEPARTMENT OF COMMERCE PUBLISHES COUNTERVAILING
DUTY ORDERS IN THIS CASE. FIELD OFFICERS SHALL CONTINUE TO SUSPEND
LIQUIDATION ON ALL SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION MADE DURING THE PERIOD, (DATE)THROUGH (DATE), UNTIL
THE CONCLUSION OF THIS COUNTERVAILING DUTY INVESTIGATION.
(the following may or may not be needed)
5. THE DISCONTINUATION DOES NOT AFFECT THE REQUIREMENTS OF A CASH
DEPOSIT OR BOND ON ENTRIES SUBJECT TO THE SUSPENSION OF LIQUIDATION
ANNOUNCED IN THE DEPARTMENT OF COMMERCE'S PRELIMINARY DETERMINATION
IN THE COMPANION ANTIDUMPING DUTY INVESTIGATION OF (CASE) FOR (COUNTRY).
6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY
(GENERATED BY O(Office Number): Analyst's Initials (Example: O2:RL)).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 14. CVD ALIGNMENT WITH DUMPING |
RE: COUNTERVAILING DUTY ALIGNMENT IN THE INVESTIGATION OF (CASE NAME)
(C-XIX-XIX)
1. ON (DATE), THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ITS COUNTERVAILING DUTY NOTICE EXTENDING THE DUE DATE OF
ITS FINAL COUNTERVAILING DUTY DETERMINATION IN THE INVESTIGATION
OF (CASE NAME) FROM (DATE) UNTIL NO LATER THAN (DATE), THEREBY
ALIGNING IT WITH THE DUE DATE FOR 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 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)
4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT 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)).
5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 15. FINAL DETERMINATION AND ORDER PUBLISHED SIMULTANEOUSLY |
RE: COUNTERVAILING DUTY FINAL DETERMINATION AND ORDER IN THE INVESTIGATION
OF (CASE NAME) (C-XIX-XIX)
1. ON (DATE), THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ITS COUNTERVAILING DUTY FINAL DETERMINATION AND ORDER IN
THE 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), CUSTOMS AND BORDER PROTECTION SHALL
SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER (DATE). EFFECTIVE (DATE)
CBP SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE SUBSIDY RATES
SHOWN BELOW:
MFR/PRODUCER CBP ID AD VALOREM
EXPORTER NUMBER SUBSIDY RATE
XXXXXXXXXXXXX C-XIX-XIX-XIX X.XX
6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY
(GENERATED BY O(Office Number): Analyst's Initials (Example: O2:RL)).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 16. CASH DEPOSIT INSTRUCTION - ONE RATE |
RE: FINAL RESULTS FOR [PRODUCT] FROM [COUNTRY] [CASE NUMBER]
1. THE DEPARTMENT HAS COMPLETED ITS ADMINISTRATIVE REVIEW OF
THE COUNTERVAILING DUTY ORDER ON [PRODUCT] FROM [THE
COUNTRY] FOR THE [REVIEW PERIOD] PERIOD, AND PUBLISHED THE
FINAL RESULTS IN THE FEDERAL REGISTER ON [MM/DD/YYYY].
2. ACCORDINGLY, FOR SHIPMENTS OF [PRODUCT] FROM [THE COUNTRY],
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER [THE DATE OF PUBLICATION IN THE FEDERAL REGISTER], YOU
SHALL COLLECT A CASH DEPOSIT OF ESTIMATED COUNTERVAILING
DUTIES OF [XX.XX] PERCENT OF THE ENTERED VALUE FOR ALL
COMPANIES.
3. 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.
4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT 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)).
5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 16a. NEW SHIPPER REVIEW CASH DEPOSIT INSTRUCTIONS FOR AD |
RE: CASH DEPOSIT INSTRUCTION FOR THE NEW SHIPPER REVIEW OF [CASE
NAME] FROM [COUNTRY] [EXPORTED AND/OR PRODUCED] BY [COMPANY NAME]
{[A-XXX-XXX-XXX]}
1. ON [MM/DD/YYYY], THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER THE FINAL RESULTS OF THE NEW SHIPPER REVIEW(S)
OF THE [ANTIDUMPING/COUNTERVAILING] DUTY ORDER ON [MERCHANDISE]
FROM [COUNTRY] FOR THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY]
[(A-XXX-XXX)].
2. FOR SHIPMENTS OF SUBJECT MERCHANDISE FROM [COUNTRY], ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER [DATE OF
PUBLICATION OF FINAL FR NOTICE], THE FOLLOWING CASH DEPOSITS APPLY:
Use the following where the respondent is either a producer or
exporter and a combination rate does not apply:
[PRODUCER] and/or [EXPORTER] CASE NUMBER RATE [(PERCENT) or (AMOUNT)]
Use the following fields where a combination rate applies:
PRODUCER EXPORTER CASE NUMBER RATE [(PERCENT) or (AMOUNT)]
PRODUCER A EXPORTER A A-XXX-XXX-XXX XX.XX
Where combination rates do apply, insert the following paragraph:
THE CASH DEPOSIT RATE(S) SHOWN ABOVE APPLIES(Y) ONLY TO THE
COMBINATION(S) IDENTIFIED ABOVE. FOR SHIPMENTS OF MERCHANDISE
[PRODUCED and/or EXPORTED BY] [COMPANY(IES)] IN ANY OTHER
COMBINATION, COLLECT CASH DEPOSITS AT THE [ALL-OTHERS RATE
or COUNTRY-WIDE RATE] IN EFFECT ON THE DATE OF ENTRY, WHICH
IS [XX.XX] PERCENT.
If a combination rate does not apply, use the hierarchy set forth
in paragraph 3 below:
3. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM OTHER
THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS APPLY:
A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE ITS
OWN RATE BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH
DEPOSIT OR BONDING RATE WILL BE THE MANUFACTURER'S RATE.
B. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY
HAS ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE
'ALL OTHER' RATE OF XX.XX PERCENT TO ESTABLISH THE CASH
DEPOSIT OR BONDING RATE.
4. THESE CASH DEPOSIT REQUIREMENTS WILL REMAIN IN EFFECT UNTIL
PUBLICATION OF THE FINAL RESULTS OF THE NEXT ADMINISTRATIVE
REVIEW. DO NOT LIQUIDATE ANY ENTRIES COVERED BY THIS REVIEW
UNTIL YOU HAVE RECEIVED LIQUIDATION INSTRUCTIONS.
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 ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, AT (202) 482 0984 OR (202) 482 3577 RESPECTIVELY
(GENERATED BY O_: ___).
6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 17. CASH DEPOSIT UPDATE FOLLOWING FINAL RESULTS OF AN ADMINISTRATIVE REVIEW MULTIPLE RATES |
RE: CASH DEPOSIT INSTRUCTIONS FOR [PRODUCT] FROM [COUNTRY] [CASE NUMBER]
1. THE DEPARTMENT OF COMMERCE HAS COMPLETED ITS ADMINISTRATIVE
REVIEW OF THE COUNTERVAILING DUTY ORDER [C-xix-xix] on
[PRODUCT] FROM THE [COUNTRY] FOR THE [PERIOD OF REVIEW]
PERIOD AND PUBLISHED THE FINAL RESULTS IN THE FEDERAL
REGISTER ON [DATE OF PUBLICATION].
2. ACCORDINGLY, FOR SHIPMENTS OF [PRODUCT] FROM [COUNTRY],
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER [THE DATE OF PUBLICATION IN THE FEDERAL REGISTER], YOU
SHALL COLLECT A CASH DEPOSIT OF ESTIMATED COUNTERVAILING
DUTIES AT THE FOLLOWING PERCENTAGES OF THE ENTERED VALUE
PRICE:
ID NUMBER COMPANY NUMBER RATE
C-xix-xix-xix Company A [rate]
C-xix-xix-xix Company B [rate]
C-xix-xix-xix Company C [rate]
C-xix-xix-xix All other companies [rate]
3. 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.
4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT 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)).
5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 18. LIQUIDATION FOLLOWING FINAL RESULTS OF FIRST ADMINISTRATIVE REVIEW (CVD) |
RE: LIQUIDATION FOR [PRODUCT] FROM [COUNTRY] ([CASE NUMBERS]) FOR
THE PERIOD [MM/DD/YYYY - MM/DD/YYYY]
1. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF SUBJECT MERCHANDISE OCCURRED WITH THE PUBLICATION OF THE
FINAL RESULTS (OR AMENDED FINAL RESULTS) OF ADMINISTRATIVE
REVIEW OF THE COUNTERVAILING DUTY ORDER ([CASE NUMBER]) ON
[PRODUCT] FROM [COUNTRY] FOR THE PERIOD [REVIEW DATES] (Cite
the F.R.. Notice and date of publication).
2. THE NET SUBSIDY WAS FOUND TO BE [RATE] PERCENT AD VALOREM FOR
THE PERIOD [MM/DD/YYYY THROUGH MM/DD/YYYY] AND [RATE] PERCENT
AD VALOREM FOR THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY].
(THIS CORRESPONDS TO THE TERMINATION OF SUSPENSION OF LIQUIDATION
AT THE 120TH DAY AFTER AN AFFIRMATIVE PRELIM AND THE RESUMPTION
OF SUSPENSION OF LIQUIDATION AT THE TIME OF THE ORDER).
3. ACCORDINGLY, YOU ARE NOW INSTRUCTED TO ASSESS COUNTERVAILING
DUTIES OF [RATE] PERCENT OF THE ENTERED VALUE ON ALL SHIPMENTS
OF THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER [MM/DD/YYYY] AND ON OR BEFORE [MM/DD/YYYY].
[IF APPLICABLE] SHIPMENTS OF THIS MERCHANDISE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, ON OF AFTER [MM/DD/YYYY](120 DAYS
AFTER PRELIM) AND ON OR BEFORE [MM/DD/YYYY] (END OF 120 DAY
TERMINATION OF SUSPENSION) SHOULD BE LIQUIDATED WITHOUT REGARD
TO COUNTERVAILING DUTIES.
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]
THROUGH [MM/DD/YYYY], ASSESS A DUMPING LIABILITY EQUAL TO
[MARGIN] PERCENT OF THE ENTERED CBP VALUE OR EQUAL TO THE
AMOUNT OF THE BOND OR CASH DEPOSIT, WHICHEVER IS LESS.
4. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE U.S. CUSTOMS
AND BORDER PROTECTION (CBP) ON SHIPMENTS OR ENTRIES OF THIS
MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF
THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAY
INTEREST ON OVERPAYMENTS OR ASSESS INTEREST ON UNDERPAYMENTS,
OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED COUNTERVAILING
DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR
BONDS POSTED AS ESTIMATED COUNTERVAILING DUTIES BEFORE THE
DATE OF PUBLICATION OF THE COUNTERVAILING DUTY ORDER. INTEREST
SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF ESTIMATED
COUNTERVAILING DUTIES THROUGH THE DATE OF LIQUIDATION. THE
RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT
UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR
SUCH PERIOD.
5. PLEASE NOTE THAT THE ASSESSMENT OF COUNTERVAILING DUTIES
ON ENTRIES MADE ON OR AFTER THE DEPARTMENT OF COMMERCE'S
PRELIMINARY DETERMINATION AND BEFORE THE [ONE OF THE FOLLOWING:
INTERNATIONAL TRADE COMMISSION'S FINAL AFFIRMATIVE INJURY
DETERMINATION OR, IF THE MERCHANDISE FROM A COUNTRY IS NOT
ENTITLED TO AN INJURY TEST, THE DATE OF THE SECRETARY'S
NOTICE OF AFFIRMATIVE FINAL DETERMINATION] CANNOT EXCEED
THE AMOUNT OF CASH DEPOSIT OR BOND IN EFFECT AT THE TIME
OF ENTRY.
6. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
ENTERED ON OR AFTER [MM/DD/YYYY (first day of review period)]
AND ON OR BEFORE [MM/DD/YYYY (last day of review period)] IS
LIFTED. SUSPENSION OF LIQUIDATION FOR ALL ENTRIES OF THIS
MERCHANDISE ENTERED AFTER [MM/DD/YYYY(last day of review
period)] WILL CONTINUE.
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. 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 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 constitute 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 SUBJECT MERCHANDISE DURING THE PERIOD
[MM/DD/YYYY] THROUGH [MM/DD/YYYY]. YOU SHALL, UNLESS OTHERWISE
INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
COUNTERVAILING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.
D. Paragraph #2 contains net subsidy information.
E. Paragraph #3 contains liquidation information. This paragraph
also concerns the "cap" period under Section 707(b) 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
#3 will read as follows:
IF A BOND OR CASH DEPOSIT WAS COLLECTED AS SECURITY FOR AN
ESTIMATED COUNTERVAILING DUTY FOR ANY SHIPMENT OF MERCHANDISE
DESCRIBED IN PARAGRAPH 1 THAT WAS ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 01/19/1997 THROUGH
07/24/1997, 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.
Note: If threat of material injury was determined by the ITC,
paragraph 3 will not apply.
F. Paragraph #4 is the standard interest paragraph.
G. Paragraph #6 provides information on the lifting of suspension.
H. Paragraph #7 contains the contact information should outside
parties have questions.
I. 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.
|
| 19. LIQUIDATION FOLLOWING FINAL RESULTS OF AN ADMINISTRATIVE REVIEW - ONE RATE (CVD) |
RE: LIQUIDATION FOR [PRODUCT] FROM [COUNTRY] ([CASE NUMBERS])FOR
THE PERIOD [MM/DD/YYYY - MM/DD/YYYY]
1. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF
SUBJECT MERCHANDISE OCCURRED WITH THE PUBLICATION OF THE FINAL
RESULTS (OR AMENDED FINAL RESULTS) OF ADMINISTRATIVE REVIEW OF
THE COUNTERVAILING DUTY ORDER ([CASE NUMBER]) ON [PRODUCT] FROM
[COUNTRY] FOR THE PERIOD [MM/DD/YYYY] THROUGH [XX/DD/YYYY].
2. THE NET SUBSIDY WAS FOUND TO BE [RATE] PERCENT AD VALOREM FOR THE
PERIOD [BEGINNING DATE OF REVIEW THROUGH ENDING DATE OF REVIEW].
3. ACCORDINGLY, YOU ARE TO LIQUIDATE AT [RATE] PERCENT OF THE ENTERED
VALUE ALL SHIPMENTS OF [THE PRODUCT] FROM [COUNTRY] ENTERED ON OR
AFTER [FIRST DAY OF REVIEW PERIOD] AND ON OR BEFORE [LAST DAY OF
REVIEW PERIOD].
4. THE ASSESSMENT OF COUNTERVAILING DUTIES BY U.S. CUSTOMS AND BORDER
PROTECTION (CBP) ON SHIPMENTS OR ENTRIES OF THIS MERCHANDISE IS
SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930.
SECTION 778 REQUIRES THAT CBP PAY INTEREST ON OVERPAYMENTS OR ASSESS
INTEREST ON UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS
ESTIMATED COUNTERVAILING DUTIES. THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED COUNTERVAILING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY
ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF
ESTIMATED COUNTERVAILING DUTIES THROUGH THE DATE OF LIQUIDATION.
THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT
UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH
PERIOD.
5. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE ENTERED
ON OR AFTER [MM/DD/YYYY (first day of review period)] AND ON OR
BEFORE [MM/DD/YYYY (last day of review period)] IS LIFTED. SUSPENSION
OF LIQUIDATION FOR ALL ENTRIES OF THIS MERCHANDISE ENTERED AFTER
[MM/DD/YYYY(last day of review period)] WILL CONTINUE.
6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY
(GENERATED BY O(Office Number): Analyst's Initials (Example: O2:RL)).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
Note:
Paragraph #1 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 occurred.
If the publication of the final results or amended final results of
administrative review constitute the notice of lifting of suspension
of liquidation then use the language in paragraph #1 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 [dd/dd/yyyy] through [mm/dd/yyyy]).
|
| 20. LIQUIDATION FOLLOWING FINAL RESULTS OF AN ADMINISTRATIVE REVIEW - MULTIPLE RATES (CVD) |
RE: ADMINISTRATIVE REVIEW FOR [PRODUCT] FROM [COUNTRY] ([CASE NUMBERS])
FOR THE PERIOD [MM/DD/YYYY- MM/DD/YYYY]
1. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF
SUBJECT MERCHANDISE OCCURRED WITH THE PUBLICATION OF THE FINAL
RESULTS (OR AMENDED FINAL RESULTS) OF ADMINISTRATIVE REVIEW OF
THE COUNTERVAILING DUTY ORDER ([CASE NUMBER]) ON [PRODUCT] FROM
[COUNTRY] FOR THE PERIOD [REVIEW DATES] (Cite the F.R. Notice
and date of publication).
2. ACCORDINGLY, YOU ARE NOW INSTRUCTED TO LIQUIDATE ALL SHIPMENTS
OF [PRODUCT] FROM [COUNTRY] ENTERED, OR WITHDRAWN FROM WAREHOUSE,
ON OR AFTER [FIRST DAY OF REVIEW PERIOD] AND ON OR BEFORE [LAST
DAY OF REVIEW PERIOD] AT THE FOLLOWING PERCENT OF ENTERED VALUE:
ID NUMBER COMPANY NAME RATE
C-xix-xix-xix Company A [rate]
C-xix-xix-xix Company B [rate]
C-xix-xix-xix Company C [rate]
3. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CBP ON SHIPMENTS
OR ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES
THAT CBP PAY INTEREST ON OVERPAYMENTS OR ASSESS INTEREST ON
UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
COUNTERVAILING DUTIES. THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED COUNTERVAILING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE COUNTERVAILING
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.
4. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE ENTERED,
OR WITHDRAWN FROM WAREHOUSE, ON OR AFTER [MM/DD/YYYY (first day of
review period)] AND ON OR BEFORE [MM/DD/YYYY (last day of review
period)] IS LIFTED. SUSPENSION OF LIQUIDATION FOR ALL ENTRIES OF
THIS MERCHANDISE ENTERED,OR WITHDRAWN FROM WAREHOUSE, AFTER
[MM/DD/YYYY(last day of review period)] WILL CONTINUE.
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 THIS INFORMATION.
DAVID M. GENOVESE
Note:
Paragraph #1 provides information on 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
occurred.
If the publication of the final results or amended final results of
administrative review constitute the notice of lifting of suspension
of liquidation then use the language in paragraph #1 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].
|
| 21. AUTOMATIC LIQUIDATION INSTRUCTIONS FOR CVD CASES |
RE: AUTOMATIC LIQUIDATION INSTRUCTION FOR [PRODUCT] FROM [COUNTRY]
FOR THE PERIOD [MM/DD/YYYY - MM/DD/YYYY][(C-XXX-XXX)].
1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF COUNTERVAILING 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 COUNTERVAILING DUTY ORDER FOR THE
PERIODS AND ON THE MERCHANDISE LISTED BELOW, EXCEPT FOR THE
FIRMS NOTED. THEREFORE, IN ACCORDANCE WITH SECTION 351.212(c)
OF THE COMMERCE DEPARTMENT REGULATIONS, YOU ARE TO ASSESS
COUNTERVAILING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION 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 ALL FIRMS EXCEPT:
(LIST EXCEPTED FIRM(S)).
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 EXCEPTED FIRMS SHOULD NOT BE LIQUIDATED
UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE COMPLETION OF
THE COUNTERVAILING DUTY REVIEW. CONTINUE TO SUSPEND LIQUIDATION
OF ALL ENTRIES OF MERCHANDISE EXPORTED OR PRODUCED BY THE LISTED
FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
DURING THIS PERIOD. (THIS PARAGRAPH IS TO BE USED ONLY WHEN
EXCEPTED FIRMS ARE LISTED IN PARAGRAPH 2).
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 FOR THE (MM/YYYY) ANNIVERSARY
MONTH (XX FR XXXX, MM/DD/YYYY). YOU SHALL CONTINUE TO COLLECT
CASH DEPOSITS OF ESTIMATED COUNTERVAILING DUTIES FOR SUBSEQUENT
ENTRIES OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES.
6. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CBP SERVICE 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 COUNTERVAILING DUTIES. THE INTEREST PROVISIONS
ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED
COUNTERVAILING DUTIES BEFORE THE DATE OF PUBLICATION OF THE
COUNTERVAILING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM
THE ENTRY DATE OR DATE OF DEPOSIT WHICHEVER IS LATER, OF
ESTIMATED COUNTERVAILING 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. 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 in automatic liquidation instructions.
B. Paragraph #2 lists the cases and products being liquidated
automatically. You must list any excepted firms. 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 the automatic liquidation instructions
contain excepted firms. The excepted firms can be manufacturers/producers,
exporters, or manufacturer/ producer/ exporter combinations. Unless noted
otherwise, assume the excepted firms are manufacturers/producers.
E. Paragraph #4 is standard in all liquidation instructions.
F. Paragraphs #5 is a standard interest paragraph.
G. Paragraph #6 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 #7 is applicable to E-mail instructions where there
is no sensitive information included.
|
| 22. BLANK |
| 23. TYPES OF CIRCUMSTANCES |
CRITICAL CIRCUMSTANCES
DETERMINED AT PRELIM
RE: PRELIMINARY AFFIRMATIVE CRITICAL CIRCUMSTANCES DETERMINATION
IN THE ANTIDUMPING DUTY INVESTIGATION OF [INSERT PRODUCT NAME]
FROM [INSERT COUNTRY NAME] [INSERT CASE NUMBER (A-XXX-XXX)]
1. ON [INSERT PUBLICATION DATE IN THE FEDERAL REGISTER (MM/DD/YYYY)],
THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER [INSERT
CITATION TO THE FEDERAL REGISTER (XX FR XXXXXX)] ITS AFFIRMATIVE
PRELIMINARY DETERMINATION OF CRITICAL CIRCUMSTANCES IN THE ANTIDUMPING
DUTY INVESTIGATION OF [INSERT PRODUCT NAME] FROM [INSERT COUNTRY NAME].
2. COMMERCE IS SCHEDULED TO ISSUE ITS PRELIMINARY ANTIDUMPING DUTY
DETERMINATION OF [INSERT PRODUCT NAME] FROM [INSERT COUNTRY NAME] BY
[INSERT SIGNATURE DATE OF THE PRELIMINARY ANTIDUMPING DETERMINATION
(MM/DD/YYYY)]. IF THE DETERMINATION IS AFFIRMATIVE, COMMERCE WILL
DIRECT CBP, AT THAT TIME, TO SUSPEND LIQUIDATION OF ALL APPROPRIATE
ENTRIES OF [INSERT PRODUCT NAME] FROM [COUNTRY NAME] THAT ARE ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 90 DAYS PRIOR
TO THE DATE OF PUBLICATION IN THE FEDERAL REGISTER OF THE PRELIMINARY
DETERMINATION OF SALES AT LESS THAN FAIR VALUE (LTFV). CBP SHALL
REQUIRE A CASH DEPOSIT OR POSTING OF A BOND EQUAL TO THE ESTIMATED
PRELIMINARY DUMPING MARGIN REFLECTED IN THE PRELIMINARY DETERMINATION
OF SALES AT LTFV PUBLISHED IN THE FEDERAL REGISTER.
3. FOR PURPOSES OF THIS INVESTIGATION, THE PRODUCT COVERED IS
[INSERT SCOPE LANGUAGE OF THE PRODUCT UNDER INVESTIGATION]
4. FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER [INSERT CASE NUMBER (A-XXX-XXX)].
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 THIS INFORMATION.
DAVID M. GENOVESE
DETERMINED AT FINAL (AFFIRMATIVE PRELIM)
THE DEPARTMENT OF COMMERCE NOW DETERMINES THAT CRITICAL CIRCUMSTANCES
EXIST FOR IMPORTS OF (CASE NAME) FROM (MANUFACTURER). CUSTOMS AND
BORDER PROTECTION SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS THAT
ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
(DATE). EFFECTIVE (DATE), FOR SUCH ENTRIES, CBP SHALL REQUIRE A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS SHOWN BELOW:
DETERMINED AT FINAL (NEGATIVE PRELIM)
THE DEPARTMENT OF COMMERCE NOW DETERMINES THAT CRITICAL CIRCUMSTANCES
EXIST FOR IMPORTS OF (CASE NAME) FROM (MANUFACTURER). CUSTOMS AND
BORDER PROTECTION SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS THAT
ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER (DATE), WHICH IS 90 DAYS BEFORE THE DATE ON WHICH SUSPENSION
OF LIQUIDATION WAS FIRST ORDERED FOR SUCH ENTRIES. CBP SHALL REQUIRE
A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS SHOWN
BELOW:
REVERSED AT FINAL
BECAUSE THE DEPARTMENT OF COMMERCE NOW DETERMINES THAT CRITICAL
CIRCUMSTANCES DO NOT EXIST, THE RETROACTIVE SUSPENSION OF
LIQUIDATION ORDERED AT THE TIME OF THE PRELIMINARY DETERMINATION
IS TERMINATED. ACCORDINGLY, CBP IS DIRECTED TO TERMINATE THE
SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF (CASE
NAME/MANUFACTURER), ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION PRIOR TO (DATE) AND TO REFUND ANY CASH DEPOSITS AND
RELEASE ANY BONDS OR OTHER SECURITY. INTEREST PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT APPLY. FOR IMPORTS
OF (CASE NAME), CUSTOMS AND BORDER PROTECTION SHALL
SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION ON OR AFTER (DATE). EFFECTIVE (DATE),
FOR SUCH ENTRIES, CBP SHALL REQUIRE A CASH DEPOSIT OR THE POSTING
OF A BOND EQUAL TO THE MARGINS SHOWN BELOW:
MODIFIED E-MAILS
Sometimes it is necessary to change or make a correction to an
e-mail previously sent. When an instruction is making a correction,
clarification, or similar action, do not repeat the entire message
that is being corrected, clarified, etc. Indicate whether the
instant message is a correction, clarification, etc. state only
that paragraph or portion of the original instruction that is being
modified. Clarify what the modification represents. The message
number and date of the previously sent e-mail must be referenced
in the corrected e-mail.
CORRECTION OF A PREVIOUS MESSAGE:
SEE INSTRUCTION NUMBER 38
AMENDED DETERMINATION
A prelim amendment after publication of the preliminary determination
generates a new E-mail. (For example, when there are ministerial errors
or change of critical circumstances.) A final can be amended with the
order E-mail giving the new information.
RE: AMENDED PRELIMINARY DETERMINATION IN THE (ANTIDUMPING/
COUNTERVAILING) DUTY INVESTIGATION OF CASE NAME)(A/C-XIX-XIX)
1. THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ON (DATE), ITS AMENDED PRELIMINARY (DETERMINATION OF
SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING/AFFIRMATIVE
DETERMINATION IN THE COUNTERVAILING) DUTY INVESTIGATION OF (CASE
NAME). THIS IS AN AMENDMENT OF MESSAGE (NUMBER) ON (DATE).
4. THIS PARAGRAPH WOULD CONTAIN THE DATE, THE PETITIONER,
RESPONDENT, OR DOC AND AN EXPLANATION OF THE CHANGES TAKING
PLACE, ALLEGED MINISTERIAL ERRORS, CHANGE TO CRITICAL
CIRCUMSTANCES, ETC.
CLARIFICATION OF A PREVIOUS MESSAGE
CLARIFICATIONS ARE DONE WHEN NUMEROUS TELEPHONE CALLS ARE
RECEIVED DUE TO A MESSAGE BY CBP OR AD/CVD OPERATIONS. MOST
COMMON QUESTIONS INVOLVE THE SCOPE OR MORE DETAILED INSTRUCTIONS.
DO NOT HESITATE TO CALL CBP FOR HELP WITH THIS.
RE: CLARIFICATION OF MESSAGE (NUMBER) ON (DATE) OF (CASE)(A/C-XIX-XIX)
1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON (DATE), THE (NOTICE) IN THE (ANTIDUMPING/COUNTERVAILING) DUTY
INVESTIGATION OF (CASE NAME). THIS IS A CLARIFICATION OF MESSAGE
(NUMBER) ON (DATE) OF (INSTRUCTIONS, SCOPE, ETC.)
MANUFACTURER FOUND TO BE DE MINIMIS AT PRELIM
FOR IMPORTS OF (CASE NAME), EXCEPT FOR (MANUFACTURER/S), WHICH
HAS (HAVE) A DE MINIMIS MARGIN OF XX PERCENT, CUSTOMS AND BORDER
PROTECTION SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER (DATE), THE
DATE OF PUBLICATION OF THE PRELIMINARY NOTICE. EFFECTIVE (DATE),
FOR SUCH ENTRIES, CBP SHALL REQUIRE A CASH DEPOSIT OR POSTING
OF A BOND EQUAL TO THE MARGINS BELOW.
COUNTRY FOUND TO BE DE MINIMIS AT PRELIM
FOR IMPORTS OF (CASE NAME), THE DEPARTMENT OF COMMERCE FOUND A
DE MINIMIS MARGIN OF XX PERCENT. THEREFORE, CUSTOMS AND BORDER
PROTECTION SHALL NOT SUSPEND LIQUIDATION OF SUCH SHIPMENTS NOR
REQUIRE A CASH DEPOSIT OR POSTING OF A BOND.
MANUFACTURER FOUND TO BE EXCLUDED AT FINAL
THE DEPARTMENT OF COMMERCE FOUND THAT NO FINAL MARGIN EXISTS WITH
RESPECT TO (MANUFACTURER/COUNTRY). ACCORDINGLY, CBP IS
DIRECTED TO TERMINATE THE SUSPENSION OF LIQUIDATION OF SHIPMENTS
OF (PRODUCT) MANUFACTURED BY (MANUFACTURER) ENTERED OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER (DATE). ANY BOND OR
SECURITY POSTED SHOULD BE RELEASED AND ANY CASH DEPOSIT SHOULD BE
REFUNDED. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT
OF 1930 DO NOT APPLY.
COMPANION CASES
BECAUSE OF THE COMPANION COUNTERVAILING DUTY INVESTIGATIONS, THE
DEPARTMENT OF COMMERCE IS REDUCING THE AMOUNT OF THE ANTIDUMPING
DEPOSIT RATE BY THE AMOUNT OF THE EXPORT SUBSIDIES FOUND. THIS
OFFSET SHALL REMAIN IN EFFECT UNTIL (DATE). AFTER THAT DATE THE
FULL AMOUNT OF THE ANTIDUMPING DUTY DEPOSIT SHALL BE REQUIRED.
ITC DETERMINES NEGATIVE CRITICAL CIRCUMSTANCES
THE U.S. INTERNATIONAL TRADE COMMISSION (ITC) DETERMINED THAT
CRITICAL CIRCUMSTANCES DO NOT EXIST WITH RESPECT TO SUBJECT
IMPORTS FROM (COUNTRY). AS A RESULT OF THE COMMISSION'S NEGATIVE
CRITICAL CIRCUMSTANCES DETERMINATION, CUSTOMS AND
BORDER PROTECTION WILL REFUND ALL CASH DEPOSITS AND RELEASE ALL
BONDS COLLECTED ON (PRODUCT) FROM (COUNTRY) ENTERED OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER (DATE), AND BEFORE
(DATE). INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF
1930 DO NOT APPLY.
FOR IMPORTS OF (CASE) FROM (COUNTRY) CUSTOMS AND BORDER PROTECTION
SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON (DATE). EFFECTIVE (DATE), FOR
SUCH ENTRIES, CBP SHALL REQUIRE A CASH DEPOSIT(S) THAT ARE EQUAL
TO THE MARGIN(S) SHOWN BELOW.
ITC DETERMINES THREAT OF MATERIAL INJURY
THE INTERNATIONAL TRADE COMMISSION (ITC) NOTIFIED THE COMMERCE
DEPARTMENT THAT IMPORTS OF (PRODUCT) FROM (COUNTRY) THREATEN
MATERIAL INJURY TO THE U.S. INDUSTRY. THE ITC DID NOT DETERMINE,
BUT FOR THE SUSPENSION OF LIQUIDATION OF ENTRIES OF (PRODUCT) FROM
(COUNTRY), THE DOMESTIC INDUSTRY WOULD HAVE BEEN MATERIALLY INJURED.
THEREFORE, CUSTOMS AND BORDER PROTECTION SHALL TERMINATE SUSPENSION
AND REFUND ANY CASH DEPOSIT AND RELEASE ANY BOND OR OTHER SECURITY
OF (PRODUCT) FROM (COUNTRY) FOR SHIPMENTS, ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION PRIOR TO (DATE), THE DATE OF PUBLICATION
OF THE ITC'S FINAL DETERMINATION IN THE FEDERAL REGISTER. INTEREST
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT APPLY.
CUSTOMS AND BORDER PROTECTION SHALL SUSPEND LIQUIDATION FOR (PRODUCT)
FROM (COUNTRY) WITH RESPECT TO SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER (DATE), THE DATE OF PUBLICATION
OF THE ITC'S FINAL DETERMINATION IN THE FEDERAL REGISTER. EFFECTIVE
(DATE), FOR SUCH ENTRIES CBP SHALL REQUIRE A CASH DEPOSIT EQUAL TO
THE MARGINS BELOW.
|
| IMPORT OPERATIONS - ANTIDUMPING/COUNTERVAILING, U.S. CUSTOMS AND BORDER PROTECTION |
| 24. BOILER PLATE LANGUAGE - DECEMBER 1997 |
INTEREST PARAGRAPH (ALL LIQUIDATION E-MAILS) 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 PAYS INTEREST ON OVERPAYMENTS AND ASSESS INTEREST ON UNDER PAYMENTS, 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. REIMBURSEMENT PARAGRAPH (ANTIDUMPING ONLY) 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. CONTACT PARAGRAPH 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)). |
| 25.CASH DEPOSIT INSTRUCTIONS |
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 MANUFACTURERS/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 MANUFACTURERS/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 MANUFACTURERS/
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 MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS APPLY:
A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE HAS ITS OWN RATE,
USE THE EXPORTER'S RATE FOR DETERMINING THE CASH DEPOSIT RATE.
B. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE ITS
OWN RATE, BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH
DEPOSIT RATE WILL BE THE MANUFACTURER'S RATE.
C. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY HAS
ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE 'ALL OTHER'
RATE FOR ESTABLISHING THE CASH DEPOSIT RATE.
4. FOR ALL MANUFACTURERS/EXPORTERS OF [PRODUCT] FROM [COUNTRY]
WITHOUT THEIR OWN RATE, THE CASH DEPOSIT RATE IS [XX] PERCENT.
5. 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.
6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY
(GENERATED BY O(Office Number): Analyst's Initials (Example: O2:RL)).
7. 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 #5 is standard and required in all cash deposit instructions.
D. Paragraph #6 applies in reviews for which a firm or firms have
reported no shipments for the period under review. Delete this
information if it does not apply to your review.
E. Paragraph #7 contains the contact information should CBP field
officers have questions. The responsible case analyst must insert
his or her name, telephone number, and office in this paragraph.
F. Paragraph #8 is applicable only to non C.I.E. electronic
instructions and to E-mail instructions where there is no
proprietary information included.
|
| 26. AMENDED CASH DEPOSIT INSTRUCTIONS |
RE: AMENDED CASH DEPOSIT INSTRUCTIONS FOR [PRODUCT] FROM [COUNTRY]
FOR ([CASE NUMBER]).
REF: E-MAIL [#], [MM/DD/YYYY]
1. THE DEPARTMENT OF COMMERCE HAS AMENDED THE FINAL RESULTS OF
ITS ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
[PRODUCT] FROM [COUNTRY] FOR THE PERIOD OF [MM/DD/YYYY]
THROUGH [MM/DD/YYYY]. THIS AMENDMENT WAS PUBLISHED ON
[MM/DD/YYYY] IN THE FEDERAL REGISTER AND CHANGES THE CASH
DEPOSIT RATE FOR [MANUFACTURER/EXPORTER].
2. FOR SHIPMENTS OF [PRODUCT] FROM [COUNTRY] ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER [MM/DD/YYYY], THE
AMENDED CASH DEPOSIT REQUIREMENT IS AS FOLLOWS:
FIRM DEPOSIT RATE
[10-DIGIT CASE #] [FIRM NAME] [RATE] PERCENT
3. THESE CASH DEPOSIT REQUIREMENTS SHALL REMAIN IN EFFECT UNTIL
FURTHER NOTICE
4. DO NOT LIQUIDATE ANY ENTRIES OF THE MERCHANDISE INCLUDED IN THIS
ADMINISTRATIVE REVIEW UNTIL APPRAISEMENT 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 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 THIS INFORMATION.
DAVID M. GENOVESE
Notes:
A. Paragraph #1 contains standard case and period information.
B. Paragraph #2 contains deposit rate information. You must list
the company-specific rate in the column format as listed 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. Paragraphs #3 and #4 are included in all amended final results
instructions.
D. Paragraph #5 contains the contact information should CBP field
officers have questions. The responsible analyst must insert his
or her name, telephone number, and office in this paragraph.
E. The paragraph on public release of information (#6) applies
only to non C.I.E. electronic instructions and to E-mail
instructions where there is no sensitive information included.
|
|
27a. LIQUIDATION INSTRUCTIONS - ANTIDUMPING (First Administrative Review Only w/ Anniversary Month Before May 2003) |
These instructions are applicable to entries for which the anniversary
month for requesting an administrative review of an antidumping duty
order or finding was before May 2003.
RE: LIQUIDATION INSTRUCTIONS FOR [PRODUCT] FROM [COUNTRY] PRODUCED 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. FOR ALL SHIPMENTS OF [PRODUCT] FROM [COUNTRY] PRODUCED BY [FIRM],
IMPORTED BY [IMPORTER], AND ENTERED OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION DURING THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY],
ASSESS AN ANTIDUMPING LIABILITY OF [MARGIN)] PERCENT OF THE ENTERED
VALUE. FOR ALL SHIPMENTS OF [PRODUCT] FROM [COUNTRY] PRODUCED BY
[FIRM] AND IMPORTED BY ENTITIES OTHER THAN [IMPORTER], AND ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD (POR),
ASSESS ANTIDUMPING DUTIES AT THE CASH DEPOSIT RATE IN EFFECT ON THE
DATE OF THE ENTRY, 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 MERCHANDISE
DESCRIBED IN PARAGRAPH 1 THAT WAS ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD [MM/DD/YYYY]
THROUGH [MM/DD/YYYY], ASSESS A DUMPING LIABILITY EQUAL TO
[MARGIN] PERCENT OF THE ENTERED CBP VALUE OR EQUAL TO THE
AMOUNT OF THE BOND OR CASH DEPOSIT, WHICHEVER IS LESS.
3. 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). 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.
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 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)).
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 #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 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 #3 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 is the standard interest paragraph.
F. Paragraph # five 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 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 is to be included in the E-mail message when the
analyst has included proprietary information.
H. Paragraph #6 contains the contact information should CBP field
officers have questions.
I. These instructions will generally be exporter-specific. You may
also have specific exporter/importer combinations to prepare.
In these instances, use the following paragraph:
FOR ALL SHIPMENTS OF [PRODUCT] FROM [COUNTRY] SOLD BY THE
SELLER LISTED BELOW, AND EXPORTED BY, IMPORTED BY, OR SOLD
TO THE EXPORTER, IMPORTER, OR CUSTOMER LISTED BELOW, ENTERED
OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
[MM/DD/YYYY] THROUGH [MM/DD/YYYY] ASSESS AN ANTIDUMPING
LIABILITY EQUAL TO THE AMOUNT PER UNIT INDICATED BELOW FOR
THE RELEVANT EXPORTER, IMPORTER, OR CUSTOMER. EACH OF THE
FOLLOWING RATES IS APPLICABLE IF THIS MERCHANDISE WAS SOLD
BY THE LISTED SELLER, OR IF THIS MERCHANDISE WAS EXPORTED
BY THE COMPANY LISTED AS THE SELLER AND IMPORTED BY OR
SOLD TO THE COMPANY LISTED AS THE IMPORTER OR CUSTOMER.
J. Paragraph #2 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.
K. 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.
|
|
27a (1). LIQUIDATION INSTRUCTIONS - ANTIDUMPING (First Administrative Review Only w/ Anniversary Month After May 2003) |
These instructions are applicable to all entries for which the anniversary
month for requesting an administrative review of an antidumping duty order
or finding is May 2003 or later. Paragraph #3 and #4 below do not apply to
imports of merchandise from non-market-economy (NME) countries which may
be subject to an antidumping duty order
RE: LIQUIDATION INSTRUCTIONS FOR [PRODUCT] FROM [COUNTRY] PRODUCED 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. FOR ALL SHIPMENTS OF [PRODUCT] FROM [COUNTRY] PRODUCED BY [FIRM],
IMPORTED BY [IMPORTER], 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.
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] THROUGH [MM/DD/YYYY], ASSESS A DUMPING LIABILITY
EQUAL TO [MARGIN] PERCENT OF THE ENTERED CBP VALUE OR EQUAL TO THE
AMOUNT OF THE BOND OR CASH DEPOSIT, WHICHEVER IS LESS.
3. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT REGULATION
ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS OF [PRODUCT] FROM
[COUNTRY] PRODUCED BY [FIRM], ENTERED OR WITHDRAWN FROM WAREHOUSE
FOR CONSUMPTION DURING THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY],
ENTERED UNDER CASE NUMBER A-XXX-XXX-XXX (USE THE COMPANY-SPECIFIC
NUMBER OF THE PRODUCER FROM THE AD/CVD MODULE), AND NOT COVERED BY
PARAGRAPH ONE, ASSESS ANTIDUMPING DUTIES AT THE ALL-OTHERS RATE IN
EFFECT ON THE DATE OF ENTRY. THE ALL-OTHERS RATE FOR [PRODUCT] FROM
[COUNTRY] IS [XX.XX] PERCENT.
4. IF A BOND OR CASH DEPOSIT WAS COLLECTED AS SECURITY FOR AN ESTIMATED
ANTIDUMPING DUTY FOR ANY SHIPMENT OF MERCHANDISE DESCRIBED IN
PARAGRAPH 3 THAT WAS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION DURING THE PERI0D [MM/DD/YYYY] THROUGH [MM/DD/YYYY],
ASSESS A DUMPING LIABILITY EQUAL TO THE ALL–OTHERS RATE IN EFFECT
ON THE DATE OF ENTRY OR EQUAL TO THE AMOUNT OF THE BOND OR CASH
DEPOSIT, WHICHEVER IS LESS.
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 FINAL RESULTS
(OR AMENDED FINAL RESULTS) OF ADMINISTRATIVE REVIEW (CITE THE
FR. NOTICE AND DATE OF PUBLICATION). 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.
6. 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.
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 H 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. 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. These instructions
will generally be exporter-specific. You may also have specific exporter/
importer combinations. In such instances, use the following paragraph:
FOR ALL SHIPMENTS OF [PRODUCT] FROM [COUNTRY] SOLD BY THE SELLER
LISTED BELOW, AND EXPORTED BY, IMPORTED BY, OR SOLD TO THE EXPORTER,
IMPORTER, OR CUSTOMER LISTED BELOW, ENTERED OR WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION DURING THE PERIOD [MM/DD/YYYY] THROUGH
[MM/DD/YYYY] ASSESS AN ANTIDUMPING LIABILITY EQUAL TO THE AMOUNT
PER UNIT INDICATED BELOW FOR THE RELEVANT EXPORTER, IMPORTER, OR
CUSTOMER. EACH OF THE FOLLOWING RATES IS APPLICABLE IF THIS
MERCHANDISE WAS SOLD BY THE LISTED SELLER, OR IF THIS MERCHANDISE
WAS EXPORTED BY THE COMPANY LISTED AS THE SELLER AND IMPORTED BY
OR SOLD TO THE COMPANY LISTED AS THE IMPORTER OR CUSTOMER.
D. Paragraph #2 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.
Paragraph #3 applies to entries that were entered under the reviewed
producer's CBP number and at the producer's cash-deposit rate in effect
on the date of entry according to the Department's standard cash-deposit
hierarchy but that were not covered by the review because the producer
did not know its merchandise was sold to the United States. Therefore,
the reviewed producer did not report such sales or customers of such
sales. As a result, the presumption we instructed Customs to make at
the time of importation, which is to assume the producer had knowledge
about the sales so use the producer's rate if there is no-cash deposit
rate in effect for the exporter, had been invalidated through the
process of the review of the producer.
In that situation, the reseller's merchandise will not be liquidated at the
assessment rate the Department determines for the producer or automatically
at the rate required as deposit at the time of entry. Instead the entries of
merchandise from the reseller during the period of review will be liquidated
at the "all-others" rate if there was no company-specific review of the
reseller for that review period.
Paragraph #3 is applicable to all entries for which the anniversary month
for requesting an administrative review of an antidumping duty order or
finding is May 2003 or later. Further, paragraph #3 does not apply to
imports of merchandise from non-market-economy (NME) countries which may
be subject to an antidumping duty order. See Antidumping and Countervailing
Duty Proceedings Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
E. Paragraph #4 also concerns the "cap period” under Section 737(a) of the Act;
The “cap period” is also applicable to entries which were entered under the
reviewed producer's CBP number and at the producer's cash-deposit rate in
effect on the date of entry according to the Department's standard
cash-deposit hierarchy but which were not covered by the review because
the producer did not know its merchandise was sold to the United States.
Paragraph #4 also does not apply to imports of merchandise from non-market
-economy (NME) countries which may be subject to an antidumping duty order.
See Antidumping and Countervailing Duty Proceedings Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003)
F. Paragraph #5 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 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 #3 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)].
G. Paragraph #6 is the standard interest paragraph.
H. Paragraph #7 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 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 # 8 contains the contact information should outside parties
have questions.
J. Paragraph #9 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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27b. LIQUIDATION INSTRUCTIONS - ANTIDUMPING (For Second Administrative Reviews and Beyond w/ Anniversary Month Before May 2003) |
These instructions are applicable to entries for which the anniversary
month for requesting an administrative review of an antidumping duty
order or finding was before May 2003.
RE: LIQUIDATION INSTRUCTIONS FOR [PRODUCT] FROM [COUNTRY] PRODUCED 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. FOR ALL SHIPMENTS OF [PRODUCT] FROM [COUNTRY] PRODUCED BY [FIRM],
IMPORTED BY [IMPORTER], AND ENTERED OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION DURING THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY],
ASSESS AN ANTIDUMPING LIABILITY OF [MARGIN] PERCENT OF THE ENTERED
VALUE. FOR ALL SHIPMENTS OF [PRODUCT] FROM [COUNTRY] PRODUCED BY
[FIRM] AND IMPORTED BY ENTITIES OTHER THAN [IMPORTER], AND ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD
[MM/DD/YYYY] THROUGH [MM/DD/YYYY], ASSESS ANTIDUMPING DUTIES AT THE
CASH DEPOSIT RATE IN EFFECT ON THE DATE OF THE ENTRY.
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). 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.
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. 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 provides information on the notice of the 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 occurred.
If the publication of the final results or amended final results
of review constitute notice of 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 #3 is the standard interest paragraph.
F. Paragraph # four 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 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 is to be included in the E-mail message when the
analyst has provided proprietary information.
H. Paragraph #5 contains the contact information should CBP field
officers have questions.
I. These instructions will generally be exporter-specific. You may
also have specific exporter/importer combinations to prepare.
In these instances, use the following paragraph:
FOR ALL SHIPMENTS OF [PRODUCT] FROM [COUNTRY] SOLD BY THE SELLER
LISTED BELOW, AND EXPORTED OR IMPORTED BY THE EXPORTER OR IMPORTER
LISTED BELOW, ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY]
ASSESS AN ANTIDUMPING LIABILITY EQUAL TO THE AMOUNT PER UNIT
INDICATED BELOW FOR THE RELEVANT EXPORTER/IMPORTER. EACH OF THE
FOLLOWING RATES IS APPLICABLE IF THIS MERCHANDISE WAS SOLD BY THE
LISTED SELLER, OR IF THIS MERCHANDISE WAS EXPORTED BY THE COMPANY
LISTED AS THE SELLER AND IMPORTED BY THE COMPANY LISTED AS THE
IMPORTER.
J. 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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27b (1). LIQUIDATION INSTRUCTIONS - ANTIDUMPING (For Second Administrative Reviews and Beyond w/ Anniversary Month After May 2003) |
These instructions are applicable to all entries for which the anniversary
month for requesting an administrative review of an antidumping duty order
or finding is May 2003 or later. Paragraph #2 does not apply to imports
of merchandise from non-market-economy (NME) countries which may be subject
to an antidumping duty order.
RE: LIQUIDATION INSTRUCTIONS FOR [PRODUCT] FROM [COUNTRY] PRODUCED 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. FOR ALL SHIPMENTS OF [PRODUCT] FROM [COUNTRY] PRODUCED BY [FIRM],
IMPORTED BY [IMPORTER], 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.
2. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT
REGULATION ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS OF
[PRODUCT] FROM [COUNTRY] PRODUCED BY [FIRM], ENTERED OR WITHDRAWN
FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD [MMD/DD/YYYY]
THROUGH [MM/DD/YYYY], ENTERED UNDER CASE NUMBER A-XXX-XXX-XXX
(USE THE COMPANY-SPECIFIC NUMBER OF THE PRODUCER FROM THE AD/CVD
MODULE), AND NOT COVERED BY PARAGRAPH ONE, ASSESS ANTIDUMPING
DUTIES AT THE ALL-OTHERS RATE IN EFFECT ON THE DATE OF ENTRY. THE
ALL-OTHERS RATE FOR [PRODUCT] FROM [COUNTRY] IS [XX.XX] PERCENT.
3. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF
SUBJECT MERCHANDISE 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). 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.
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 G 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 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)).
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 applies to entries which were entered under the
reviewed producer's CBP number and at the producer's cash-deposit
rate in effect on the date of entry according to the Department's
standard cash-deposit hierarchy but which were not covered by the
review because the producer did not know its merchandise was sold
to the United States. Therefore, the reviewed producer did not
report such sales or customers of such sales. As a result, the
presumption we instructed Customs to make at the time of importation,
which is to assume the producer had knowledge about the sales so use
the producer's rate if there is no-cash deposit rate in effect for
the exporter, had been invalidated through the process of the review
of the producer.
In that situation, the reseller's merchandise will not be liquidated
at the assessment rate the Department determines for the producer or
automatically at the rate required as deposit at the time of entry.
Instead the entries of merchandise from the reseller during the period
of review will be liquidated at the "all-others" rate if there was
no company-specific review of the reseller for that review period.
Paragraph #2 is applicable to all entries for which the anniversary
month for requesting an administrative review of an antidumping duty
order or finding is May 2003 or later. Further, paragraph #2 does
not apply to imports of merchandise from non-market-economy (NME)
countries which may be subject to an antidumping duty order. See
Antidumping and Countervailing Duty Proceedings Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
E. Paragraph #3 provides information on the notice of the 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 occurred. If the publication of the final results
or amended final results of review constitute notice of 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].
F. Paragraph #4 is the standard interest paragraph.
G. Paragraph # five 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 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.
H. Paragraph #6 contains the contact information should CBP field
officers have questions.
I. Paragraph #7 is to be included in the E-mail message when the
analyst has provided proprietary information.
J. These instructions will generally be exporter-specific. You may also
have specific exporter/importer combinations to prepare. In these
instances, use the following paragraph:
FOR ALL SHIPMENTS OF [PRODUCT] FROM [COUNTRY] SOLD BY THE SELLER
LISTED BELOW, AND EXPORTED OR IMPORTED BY THE EXPORTER OR IMPORTER
LISTED BELOW, ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION
DURING THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY] ASSESS AN
ANTIDUMPING LIABILITY EQUAL TO THE AMOUNT PER UNIT INDICATED BELOW
FOR THE RELEVANT EXPORTER/IMPORTER. EACH OF THE FOLLOWING RATES IS
APPLICABLE IF THIS MERCHANDISE WAS SOLD BY THE LISTED SELLER, OR IF
THIS MERCHANDISE WAS EXPORTED BY THE COMPANY LISTED AS THE SELLER
AND IMPORTED BY THE COMPANY LISTED AS THE IMPORTER.
K. 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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27c. LIQUIDATION INSTRUCTIONS - ANTIDUMPING (After Litigation Requiring the Publication of Amended Final Results) |
RE: LIQUIDATION INSTRUCTIONS FOR [PRODUCT] FROM [COUNTRY] PRODUCED BY
[FIRM] FOR PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY] ([CASE NUMBER])
1. ON [MM/DD/YYYY], THE U.S. COURT [OF INTERNATIONAL TRADE (CIT) OR
COURT OF APPEALS FOR THE FEDERAL CIRCUIT (CAFC)] ISSUED A FINAL
DECISION IN THE CASE OF [CASE NAME, E.G., HYNIX SEMICONDUCTOR V.
UNITED STATES] [COURT NO.]. AS A RESULT OF THIS DECISION, THE
INJUNCTIONS TO WHICH MESSAGE(S)[LIST PRELIMINARY INJUNCTION
MESSAGE NUMBER(S)] REFER ENJOINING LIQUIDATION OF ENTRIES WHICH
ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON [PRODUCT] FROM
[COUNTRY] FOR PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY] PRODUCED
[AND/OR (AS APPLICABLE)] EXPORTED BY [FIRM (S)] DISSOLVED ON
[MM/DD/YYYY].
2. FOR ALL SHIPMENTS OF [PRODUCT] FROM [COUNTRY] PRODUCED [AND/OR
(AS APPLICABLE)] EXPORTED BY [FIRM(S)], IMPORTED BY [IMPORTER]
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/YY]
THROUGH [MM/DD/YYY], ASSESS ANTIDUMPING LIABILITY [OF MARGIN
PERCENT] OF THE ENTERED VALUE OR [EQUAL TO THE PER-UNIT AMOUNTS]
LISTED BELOW. [PRODUCT] [IMPORTER OR CUSTOMER] MARGIN PERCENT
OR PER-UNIT AMOUNTS
3. 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 AMENDED FINAL
RESULTS OF ADMINISTRATIVE REVIEW [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.
In situations where there exists a reseller issue, insert the
following language:
4. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT
REGULATION ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS
OF [PRODUCT] FROM [COUNTRY] PRODUCED BY [FIRM], ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
[MMD/DD/YYYY] THROUGH [MM/DD/YYYY], ENTERED UNDER CASE
NUMBER A-XXX-XXX-XXX (USE THE COMPANY-SPECIFIC NUMBER OF
THE PRODUCER FROM THE AD/CVD MODULE), AND NOT COVERED BY
PARAGRAPH TWO, ASSESS ANTIDUMPING DUTIES AT THE ALL-OTHERS
RATE IN EFFECT ON THE DATE OF ENTRY. THE ALL-OTHERS RATE
FOR [PRODUCT] FROM [COUNTRY] IS [XX.XX] PERCENT.
5. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF SUBJECT MERCHANDISE COVERED BY PARAGRAPH #4 ABOVE, OCCURRED
WITH THE PUBLICATION OF THE FINAL RESULTS (OR AMENDED FINAL
RESULTS) OF ADMINISTRATIVE REVIEW (CITE THE FR. NOTICE AND DATE
OF PUBLICATION OF THE ORIGINAL FINAL OR AMENDED FINAL)). 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.
6. 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.
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 5 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 ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY
(GENERATED BY O4:RMT).
9. THIS E-MAIL MESSAGE IS NOT TO BE DISCLOSED TO THE PUBLIC.
DAVID M. GENOVESE
NOTES:
1. In paragraph #1, if no appeal is filed, the injunction dissolves
60 days after a CIT decision and 90 days after a CAFC decision.
2. Paragraph #3: When as a result of litigation, notice of amended
final results of review is necessary, the date of publication of the
amended final results in the Federal Register pursuant to litigation
serves as the date of notice of lifting of suspension of liquidation.
3. Insert Paragraph #4, the reseller paragraph, only if applicable.
Paragraph #4 applies to entries that were entered under the reviewed
producer's CBP number and at the producer's cash-deposit rate in effect
on the date of entry according to the Department's standard cash-deposit
hierarchy but which were not covered by the review because the producer
did not know its merchandise was sold to the United States. Therefore,
the reviewed producer did not report such sales or customers of such
sales. As a result, the presumption we instructed Customs to make at
the time of importation, which is to assume the producer had knowledge
about the sales so use the producer's rate if there is no-cash deposit
rate in effect for the exporter, had been invalidated through the
process of the review of the producer.
In that situation, the reseller's merchandise will not be liquidated
at the assessment rate the Department determines for the producer or
automatically at the rate required as deposit at the time of entry.
Instead the entries of merchandise from the reseller during the period
of review will be liquidated at the "all-others" rate if there was no
company-specific review of the reseller for that review period.
Paragraph #4 is applicable to all entries for which the anniversary
month for requesting an administrative review of an antidumping duty
order or finding is May 2003 or later. Further, paragraph #4 does
not apply to imports of merchandise from non-market-economy (NME)
countries which may be subject to an antidumping duty order. See
Antidumping and Countervailing Duty Proceedings Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
4. Paragraph #5 is applicable if paragraph #4, the reseller paragraph,
is applicable. In this situation, notice of suspension of liquidation
of entries occurs with the publication of the original final (or amended
final) results of review prior to litigation.
5. Paragraph #6 is the standard interest paragraph
6. Paragraph #7 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 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.
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27d. LIQUIDATION INSTRUCTIONS - ANTIDUMPING (After Litigation No Amended Final Results Required) |
RE: LIQUIDATION INSTRUCTIONS FOR [PRODUCT] FROM [COUNTRY] PRODUCED BY
[FIRM] FOR PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY] ([CASE NUMBER])
1. ON [MM/DD/YYYY], THE U.S. COURT [OF INTERNATIONAL TRADE (CIT) OR COURT
OF APPEALS FOR THE FEDERAL CIRCUIT (CAFC)] ISSUED A FINAL DECISION IN
THE CASE OF [CASE NAME, E.G., HYNIX SEMICONDUCTOR V. UNITED STATES]
[COURT NO.]. AS A RESULT OF THIS DECISION, THE INJUNCTIONS TO WHICH
MESSAGE(S)[LIST PRELIMINARY INJUNCTION MESSAGE NUMBER(S)] REFER
ENJOINING LIQUIDATION OF ENTRIES WHICH ARE SUBJECT TO THE ANTIDUMPING
DUTY ORDER ON [PRODUCT] FROM [COUNTRY] FOR PERIOD [MM/DD/YYYY] THROUGH
[MM/DD/YYYY] PRODUCED [AND/OR (AS APPLICABLE)] EXPORTED BY [FIRM (S)]
DISSOLVED ON [MM/DD/YYYY].
2. FOR ALL SHIPMENTS OF [PRODUCT] FROM [COUNTRY] PRODUCED [AND/OR (AS
APPLICABLE)] EXPORTED BY [FIRM(S)], IMPORTED BY [IMPORTER] 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/YY] THROUGH [MM/DD/YYY],
ASSESS ANTIDUMPING LIABILITY [OF MARGIN PERCENT] OF THE ENTERED
VALUE OR [EQUAL TO THE PER-UNIT AMOUNTS ] LISTED BELOW.
[PRODUCT]
[IMPORTER OR CUSTOMER] MARGIN PERCENT OR
PER-UNIT AMOUNTS
In situations where there exists a reseller issue, insert the following paragraph:
3. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT REGULATION
ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS OF [PRODUCT] FROM
[COUNTRY] PRODUCED BY [FIRM], ENTERED OR WITHDRAWN FROM WAREHOUSE
FOR CONSUMPTION DURING THE PERIOD [MMD/DD/YYYY] THROUGH [MM/DD/YYYY],
ENTERED UNDER CASE NUMBER A-XXX-XXX-XXX (USE THE COMPANY-SPECIFIC
NUMBER OF THE PRODUCER FROM THE AD/CVD MODULE), AND NOT COVERED BY
PARAGRAPH ONE, ASSESS ANTIDUMPING DUTIES AT THE ALL-OTHERS RATE IN
EFFECT ON THE DATE OF ENTRY. THE ALL-OTHERS RATE FOR [PRODUCT] FROM
[COUNTRY] IS [XX.XX] PERCENT.
4. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF SUSPENSION
OF LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD
[MM/DD/YYYY] THROUGH [MM/DD/YYYY]. YOU SHALL, UNLESS OTHERWISE
INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.
5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS
OF SECTION778 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 UNDERSECTION 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 5 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
8. THIS E-MAIL MESSAGE IS NOT TO BE DISCLOSED TO THE PUBLIC.
DAVID M. GENOVESE
NOTES:
1. In paragraph #1, if no appeal is filed, the injunction dissolves
60 days after a CIT decision and 90 days after a CAFC decision.
2. Insert Paragraph #3, the reseller paragraph, only if applicable.
Paragraph #3 applies to entries which were entered under the
reviewed producer's CBP number and at the producer's cash-deposit
rate in effect on the date of entry according to the Department's
standard cash-deposit hierarchy but which were not covered by the
review because the producer did not know its merchandise was sold
to the United States. Therefore, the reviewed producer did not
report such sales or customers of such sales. As a result, the
presumption we instructed Customs to make at the time of importation,
which is to assume the producer had knowledge about the sales so use
the producer's rate if there is no-cash deposit rate in effect for
the exporter, had been invalidated through the process of the review
of the producer.
In that situation, the reseller's merchandise will not be liquidated
at the assessment rate the Department determines for the producer or
automatically at the rate required as deposit at the time of entry.
Instead the entries of merchandise from the reseller during the period
of review will be liquidated at the "all-others" rate if there was no
company-specific review of the reseller for that review period.
Paragraph #3 is applicable to all entries for which the anniversary
month for requesting an administrative review of an antidumping duty
order or finding is May 2003 or later. Further, paragraph #3 does not
apply to imports of merchandise from non-market-economy (NME) countries
which may be subject to an antidumping duty order. See Antidumping and
Countervailing Duty Proceedings Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
3. Paragraph #3: When the Court dismisses litigation or the Court's
decision upholds the Department's final results of administrative
review without change, the liquidation instructions constitute
notice of the lifting of suspension of liquidation.
4. Paragraph #5 is applicable if paragraph #4, the reseller paragraph,
is applicable. In this situation, notice of suspension of liquidation
of entries occurs with publication of the original final (or original
amended final) results of review prior to litigation.
5. Paragraph #6 is the standard interest paragraph
6. Paragraph #7 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 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.
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| 28. AUTOMATIC LIQUIDATION INSTRUCTIONS FOR ANTIDUMPING CASES |
RE: AUTOMATIC LIQUIDATION INSTRUCTION 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)
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 FINDING/ORDER
FOR THE PERIODS AND ON THE MERCHANDISE LISTED BELOW, EXCEPT
FOR THE FIRMS NOTED. THEREFORE, IN ACCORDANCE WITH SECTION
351.212(c) OF THE COMMERCE DEPARTMENT 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.
(PRODUCT) FROM (COUNTRY)
(CASE NUMBER)
(MM/DD/YYYY - MM/DD/YYYY)
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
(LIST EXCEPTED FIRM(S)).
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 EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER
THE COMPLETION OF THE ANTIDUMPING REVIEW. CONTINUE TO
SUSPEND LIQUIDATION OF ALL ENTRIES OF MERCHANDISE EXPORTED
OR PRODUCED BY THE LISTED FIRMS AND ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION DURING THIS PERIOD. (THIS
PARAGRAPH IS TO BE USED ONLY WHEN EXCEPTED FIRMS ARE
LISTED IN PARAGRAPH 2).
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 FOR THE (MM/YYYY)ANNIVERSARY
MONTH (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 in automatic liquidation instructions.
B. Paragraph #2 lists the cases and products being liquidated
automatically. You must list any excepted firms. 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 the automatic liquidation instructions
contain excepted firms. The excepted firms can be manufacturers/
producers, exporters, or manufacturer/ producer/ exporter
combinations. Unless noted otherwise, assume the excepted firms
are manufacturers/producers.
E. Paragraph #4 is standard in all liquidation instructions.
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.
|
| 29. NOTIFICATION OF INJUNCTION FOR ANTIDUMPING/COUNTERVAILING DUTY PROCEEDING |
NOTIFICATION OF INJUNCTION FOR ANTIDUMPING/COUNTERVAILING DUTY PROCEEDING
RE: PRELIMINARY INJUNCTION ON [product] FOR [company] FROM [country]
FOR PERIOD, [MM/DD/YYYY - MM/DD/YYYY],1 [AD/CVD CASE NUMBER],
[COURT NUMBER XX XXXXX]
1. ON [MM/DD/YYYY]2 , THE U.S. COURT OF INTERNATIONAL TRADE ISSUED
A PRELIMINARY INJUNCTION ENJOINING LIQUIDATION OF CERTAIN ENTRIES
WHICH ARE SUBJECT TO THE [ANTIDUMPING/COUNTERVAILING] DUTY ORDER
ON [product] FROM [country] [(AD/CVD case number)], FOR THE PERIOD
[MM/DD/YYYY] THROUGH [MM/DD/YYYY].
2. THIS INJUNCTION WAS ISSUED IN CONNECTION WITH COURT CASE NUMBER
[court number] AND ENJOINS LIQUIDATION OF THE ENTRIES DESCRIBED IN
PARAGRAPH 3 BELOW.
3. ACCORDINGLY, UNTIL FURTHER NOTICE, DO NOT LIQUIDATE ENTRIES OF SUBJECT
MERCHANDISE WHICH WERE PRODUCED ["and", "or" or "and/or"] EXPORTED BY
[firm], IMPORTED BY OR SOLD TO (AS INDICATED ON THE COMMERCIAL INVOICE
OR CUSTOMS DOCUMENTS) THE IMPORTERS OR CUSTOMERS LISTED BELOW, AND
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD
[MM/DD/YYYY] THROUGH [MM/DD/YYYY]. ANY ENTRIES THAT ARE SET FOR
LIQUIDATION MUST BE UNSET IMMEDIATELY. CONTINUE TO SUSPEND LIQUIDATION
OF THESE ENTRIES UNTIL LIQUIDATION INSTRUCTIONS ARE PROVIDED.
LIST IMPORTERS OR CUSTOMERS
Note: If the injunction includes a beginning date but does not
specify an end date, use [ACCORDINGLY, UNTIL FURTHER NOTICE, DO NOT
LIQUIDATE ENTRIES OF SUBJECT MERCHANDISE WHICH WERE PRODUCED ["and",
"or" or "and/or"] EXPORTED BY [firm] AND WHICH WERE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION BEGINNING [MM/DD/YYYY].
CONTINUE TO SUSPEND LIQUIDATION OF THESE ENTRIES UNTIL LIQUIDATION
INSTRUCTIONS ARE PROVIDED.]
In situations where you have issued liquidation instructions use
the following paragraph:
4. THIS INJUNCTION APPLIES TO THE LIQUIDATION INSTRUCTIONS COVERED
BY MESSAGE NUMBER [message number], DATED [MM/DD/YYYY].4
In situations where liquidation instructions have not yet been issued,
use the following language instead:
4. LIQUIDATION INSTRUCTIONS FOR ENTRIES AFFECTED BY THIS INJUNCTION
HAVE NOT YET BEEN ISSUED.
5. EFFECTIVE IMMEDIATELY, CBP IS INSTRUCTED TO PREVENT LIQUIDATION
OF ANY ENTRIES SUBJECT TO THE ABOVE.
6. THE DEPARTMENT OF COMMERCE WAS SERVED WITH THE ABOVE REFERENCED
INJUNCTION ON __________.5 PURSUANT TO THE TERMS OF THE INJUNCTION,
NO LIQUIDATION OF THE ENTRIES COVERED BY THE INJUNCTION MAY BE MADE
FOR ENTRIES WHICH REMAIN UNLIQUIDATED AS OF [ ].6
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)).
Injunctions do not normally contain proprietary information. Choose
one of the following depending upon whether there is any proprietary
information being conveyed in these instructions:
8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
or
THIS E MAIL MESSAGE IS NOT TO BE DISCLOSED TO THE PUBLIC.
DAVID M. GENOVESE
Notes:
1. Beginning of applicable period of review through end of applicable
period of review
2. Order date of injunction found next to signature
3. Consider, on a case-specific basis whether additional language
is needed in para. 3&4 above if there is an ongoing CVD review.
4. Use the date the message was sent to CBP field offices.
5. This is the date the APO Office is served with the injunction.
6. The language inserted in this space should reflect the language in
the injunction usually - the first or fifth business day after
copies of this order are personally served to the APO docket center
(not an actual calculated date). Otherwise it is the actual order
date of the injunction.
|
| 29a. TEMPORARY RESTRAINING ORDER (TRO) INSTRUCTIONS |
RE: TEMPORARY RESTRAINING ORDER ON [PRODUCT] FROM [COUNTRY]
([CASE NUMBER]), CT. NO. XX-XXXX
1. ON [MM/DD/YYYY] THE U.S. COURT OF INTERNATIONAL TRADE (CIT) ISSUED A
TEMPORARY RESTRAINING ORDER (TRO) ENJOINING LIQUIDATION OF CERTAIN
ENTRIES [PRODUCED OR EXPORTED BY] [FIRM], WHICH ARE SUBJECT TO THE
ANTIDUMPING DUTY ORDER ON [PRODUCT] FROM [COUNTRY] ([CASE NUMBER])
FOR THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY] .
2. THIS TRO WAS ISSUED IN CONNECTION WITH COURT CASE NUMBER XX-XXXX AND
ENJOINS LIQUIDATION OF THE ENTRIES DESCRIBED ABOVE. THIS TRO SHALL
BE EFFECTIVE FOR ALL ENTRIES WHICH REMAIN UNLIQUIDATED AS OF [TIME]
P.M. ON [MM/DD/YYYY] AND SHALL REMAIN IN EFFECT UNTIL [MM/DD/YYYY].
In situations where you have issued liquidation instructions use the
following paragraph:
3. THIS TRO APPLIES TO THE LIQUIDATION INSTRUCTIONS COVERED BY MESSAGE
NUMBER [message number], DATED [MM/DD/YYYY].
In situations where liquidation instructions have not yet been issued,
use the following language instead:
3. LIQUIDATION INSTRUCTIONS FOR ENTRIES AFFECTED BY THIS TRO HAVE NOT
YET BEEN ISSUED.
4. ACCORDINGLY, EFFECTIVE [MM/DD/YYYY], UNTIL [MM/DD/YYYY], CBP IS
INSTRUCTED NOT TO LIQUIDATE ENTRIES OF MERCHANDISE SUBJECT TO THE
TRO, AS DESCRIBED IN PARAGRAPH 1 OF THIS INSTRUCTION. ANY ENTRIES
THAT ARE SET FOR LIQUIDATION MUST BE UNSET IMMEDIATELY. CONTINUE
TO SUSPEND LIQUIDATION OF OTHER ENTRIES OF [MERCHANDISE] FOR [PERIOD]
FROM [COMPANY] UNTIL LIQUIDATION INSTRUCTIONS ARE PROVIDED.
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 O6: DK).
6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 30. PRELIMINARY SCOPE RULING NOTIFICATION (WITHIN THE SCOPE) |
RE: SCOPE RULING ON ANTIDUMPING DUTY ORDER/FINDING ON
[PRODUCT] FROM [COUNTRY] ([CASE NUMBER])
1. ON [DATE], IN RESPONSE TO A REQUEST BY [REQUESTER], THE
DEPARTMENT OF COMMERCE ISSUED A PRELIMINARY SCOPE RULING
THAT [REQUESTER'S PRODUCT] IS WITHIN THE SCOPE OF THE
ANTIDUMPING DUTY ORDER COVERING [PRODUCT UNDER ORDER] FROM
[COUNTRY] ([CASE NUMBER]).
2. BECAUSE THE IMPORTED PRODUCT IS [SUMMARIZE REASON(S) WHY THE
REQUESTER'S PRODUCT IS WITHIN THE SCOPE OF THE ORDER], THE
COMMERCE DEPARTMENT PRELIMINARILY FOUND THIS PRODUCT TO BE
WITHIN THE SCOPE OF THE FINDING.
3. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF [PRODUCT UNDER
ORDER] FROM [COUNTRY], INCLUDING [REQUESTER'S NAME]
[REQUESTERS PRODUCT] LISTED ABOVE, SUBJECT TO THE
ANTIDUMPING DUTY ORDER COVERING [PRODUCT UNDER ORDER] FROM
[COUNTRY].
4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT 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)).
5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
Notes:
A. Paragraphs #1 and #2 describe the scope ruling and include
case-specific information.
B. Paragraph #3 instructs CBP to continue to suspend liquidation
on the covered merchandise.
C. Paragraph #4 contains the contact information should CBP field
officers have questions. The responsible scope analyst must
insert his or her name, telephone number, and office in this
Paragraph.
E. Paragraph #5 is applicable to non C.I.E. electronic instructions
and to E-mail instructions where there is no sensitive information
included.
|
| 31. SCOPE RULING NOTIFICATION (OUTSIDE THE SCOPE) |
RE: ANTIDUMPING SCOPE RULING ON [PRODUCT] FROM [COUNTRY] [CASE NUMBER]
1. THE DEPARTMENT RECEIVED A SCOPE RULING REQUEST FROM [REQUESTOR].
THE DEPARTMENT OF COMMERCE ISSUED A FINAL SCOPE RULING ON
[MM/DD/YYYY], THAT [REQUESTER'S PRODUCT] IS NOT WITHIN THE SCOPE
OF THE ANTIDUMPING DUTY ORDER/FINDING COVERING [PRODUCT UNDER
ORDER] FROM [COUNTRY] ([CASE NUMBER]).
2. THE COMMERCE DEPARTMENT DETERMINED THAT [REQUESTER'S PRODUCT(S)
[SUMMARIZE REASON(S) WHY THE PRODUCT MERITS THE NEGATIVE SCOPE
RULING]. THEREFORE, [REQUESTER'S PRODUCT] IS NOT WITHIN THE
SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING [PRODUCT UNDER
ORDER] FROM [COUNTRY].
3. EFFECTIVE (MM/DD/YYYY), TERMINATE SUSPENSION AND LIQUIDATE
ALL UNLIQUIDATED ENTRIES ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION ON OR AFTER [DATE OF PRELIMINARY DETERMINATION
OF INVESTIGATION (MM/DD/YYYY)] OF [PRODUCT NOT WITHIN THE SCOPE]
LISTED ABOVE.
4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE [PRODUCT NOT WITHIN THE SCOPE] LISTED ABOVE.
5. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF SUSPENSION
OF LIQUIDATION OF ENTRIES OF [PRODUCT NOT WITHIN SCOPE] ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER [DATE OF
PRELIMINARY DETERMINATION OF INVESTIGATION ([MM/DD/YYYY]).
6. 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, OR
ASSESS INTEREST ON UNDER PAYMENTS, 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. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF [PRODUCT
COVERED BY THE ORDER] SUBJECT TO THE ANTIDUMPING DUTY ORDER
COVERING [PRODUCT] FROM [COUNTRY].
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 indicates that a request for a scope ruling
was received. This paragraph also specifies the effective
date of the scope ruling, i.e., the date of signature of the
scope ruling, or, if published the Federal Register, the date
of publication.
B. Paragraph #3 specifies the effective date of the scope ruling.
This should be the same effective date as the date specified in
Paragraph #1.
C. Paragraph #8 contains the contact information should CBP field
officers have questions. The responsible scope analyst must insert
his or her name, telephone number, and office in this paragraph.
D. Paragraph #9 is applicable only to non C.I.E. electronic
instructions and to E-mail instructions where there is no
sensitive information included.
|
| 32. SCOPE RULING NOTIFICATION (WITHIN THE SCOPE) |
RE: SCOPE RULING ON ANTIDUMPING DUTY ORDER/Finding ON [PRODUCT]
FROM [COUNTRY] ([CASE NUMBER])
1. ON [DATE], IN RESPONSE TO A REQUEST BY [REQUESTER], THE DEPARTMENT
OF COMMERCE ISSUED A FINAL SCOPE RULING THAT [REQUESTER'S PRODUCT]
IS WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING [PRODUCT
UNDER ORDER] FROM [COUNTRY]([CASE NUMBER]).
2. BECAUSE THE IMPORTED PRODUCT IS [SUMMARIZE REASON(S) WHY THE
REQUESTER'S PRODUCT IS WITHIN THE SCOPE OF THE ORDER], THE
COMMERCE DEPARTMENT FOUND THIS PRODUCT TO BE WITHIN THE SCOPE
OF THE ORDER.
3. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF [PRODUCT UNDER ORDER]
FROM [COUNTRY], INCLUDING [REQUESTER'S NAME] [REQUESTER'S PRODUCT]
LISTED ABOVE, SUBJECT TO THE ANTIDUMPING DUTY ORDER COVERING
[PRODUCT UNDER ORDER] FROM [COUNTRY].
4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT 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)).
5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
Notes:
A. Paragraphs #1 and #2 describe the scope ruling and include
case-specific information.
B. Paragraph #3 instructs CBP to continue to suspend liquidation
on the covered merchandise.
C. Paragraph #4 contains the contact information should CBP field
officers have questions. The responsible scope analyst must insert
his or her name, telephone number, and office in this paragraph.
E. Paragraph #5 is applicable to non C.I.E. electronic instructions
and to E-mail instructions where there is no sensitive information
included.
|
| 33a. RESCISSION OF REVIEW NOTIFICATION |
RE: NOTIFICATION OF RESCISSION OF ADMINISTRATIVE REVIEW OF ANTIDUMPING
/COUNTERVAILING DUTY ORDER OF [PRODUCT] FROM [COUNTRY]([CASE NUMBER])
1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING/COUNTERVAILING
DUTY ORDER ON [PRODUCT] FROM [COUNTRY] [CASE NUMBER], COVERING THE
PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY], HAS BEEN RESCINDED FOR
ALL FIRMS (SEE BELOW). YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
DURING THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY] AT THE CASH
DEPOSIT OR BONDING RATE REQUIRED AT THE TIME OF ENTRY.
LIQUIDATE ALL ENTRIES FOR THE FOLLOWING FIRMS:
[NAME OF FIRM] [10-DIGIT CASE NUMBER (if assigned)]
2. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF
THE MERCHANDISE FOR THE PERIOD LISTED ABOVE OCCURRED WITH THE
PUBLICATION OF THE NOTICE OF THE RESCISSION OF THE ADMINISTRATIVE
REVIEW (Cite the F.R. Notice and date of publication). FOR ALL
OTHER SHIPMENTS OF [PRODUCT] FROM [COUNTRY] YOU SHALL CONTINUE
TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE
MERCHANDISE AT THE CURRENT RATES.
3. THE 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 PAYS INTEREST ON OVERPAYMENTS OR ASSESS INTEREST
ON UNDER PAYMENTS 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.
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 #4 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 THIS INFORMATION.
DAVID M. GENOVESE
Notes:
1. Paragraph #1 contains a brief description of the merchandise,
country, and period of review. It notifies CBP that Commerce
has rescinded a review.
2. Paragraph #2 provides information on the notice of lifting of
suspension of liquidation.
3. Paragraph #3 is the standard interest paragraph.
4. Paragraph #4 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 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.
5. Paragraph #5 contains the contact information should CBP field
officers have questions. The responsible case analyst must
insert his or her initials and office in this paragraph.
6. Paragraph #6 is applicable to e-mail instructions where there
is not sensitive (proprietary) information included.
|
| 33b. PARTIAL RESCISSION OF REVIEW NOTIFICATION |
RE: NOTIFICATION OF PARTIAL RESCISSION OF ADMINISTRATIVE REVIEW
OF ANTIDUMPING/COUNTERVAILING DUTY ORDER OF [PRODUCT] FROM
[COUNTRY]([CASE NUMBER])
1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING/COUNTERVAILING DUTY
ORDER ON [PRODUCT] FROM [COUNTRY] [CASE NUMBER], COVERING THE
PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY], HAS BEEN RESCINDED FOR
THE FIRM(S) LISTED BELOW. YOU ARE TO ASSESS ANTIDUMPING DUTIES
ON THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION DURING THE PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY]
AT THE CASH DEPOSIT OR BONDING RATE REQUIRED AT THE TIME OF ENTRY.
LIQUIDATE ALL ENTRIES FOR THE FOLLOWING FIRMS:
[NAME OF FIRM] [10-DIGIT CASE NUMBER (if assigned)]
2. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF
THE MERCHANDISE FOR THE PERIOD LISTED ABOVE OCCURRED WITH THE
PUBLICATION OF THE NOTICE OF THE RESCISSION OF THE ADMINISTRATIVE
REVIEW (Cite the F.R. Notice and date of publication). FOR ALL
OTHER SHIPMENTS OF [PRODUCT] FROM [COUNTRY] YOU SHALL CONTINUE
TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE
MERCHANDISE AT THE CURRENT RATES.
3. THE 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 PAYS
INTEREST ON OVERPAYMENTS OR ASSESS INTEREST ON UNDER PAYMENTS 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.
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
#4 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 THIS INFORMATION.
DAVID M. GENOVESE
Notes:
1. Paragraph #1 contains a brief description of the merchandise,
country, and period of review. It notifies CBP that Commerce
has rescinded a review.
2. Paragraph #2 provides information on the notice of lifting of
suspension of liquidation.
3. Paragraph #3 is the standard interest paragraph.
4. Paragraph #4 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 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.
5. Paragraph #5 contains the contact information should CBP field
officers have questions. The responsible case analyst must
insert his or her initials and office in this paragraph.
6. Paragraph #6 is applicable to e-mail instructions where there
is not sensitive (proprietary) information included.
|
| 33c. RESCISSION OF REVIEW NOTIFICATION (NO SHIPMENTS) |
RE: NOTIFICATION OF RESCISSION OF ADMINISTRATIVE REVIEW OF ANTIDUMPING
/COUNTERVAILING DUTY ORDER ON [PRODUCT] FROM [COUNTRY]([CASE NUMBER])
1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING/COUNTERVAILING DUTY
ORDER ON [PRODUCT] FROM [COUNTRY] [CASE NUMBER], COVERING THE
PERIOD [MM/DD/YYYY] THROUGH [MM/DD/YYYY], HAS BEEN RESCINDED FOR
FIRM(S) LISTED BELOW BECAUSE IT/THEY REPORTED TO COMMERCE THAT IT
THEY HAD NO SHIPMENTS OF SUBJECT MERCHANDISE DURING THE PERIOD.
[NAME OF FIRM] [10-DIGIT CASE NUMBER (if assigned)]
2. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT REGULATION
ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS OF [PRODUCT] FROM
[COUNTRY] PRODUCED BY FIRM(S) LISTED ABOVE, ENTERED OR WITHDRAWN
FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD [MM/DD/YYYY] THROUGH
[MM/DD/YYYY], AND EXPORTED BY FIRMS OTHER THAN THE RESCINDED FIRM(S)
LISTED ABOVE, ASSESS ANTIDUMPING DUTIES AT THE ALL-OTHERS RATE IN
EFFECT ON THE DATE OF ENTRY. THE ALL-OTHERS RATE FOR [PRODUCT] FROM
[COUNTRY] IS [XX.XX] PERCENT.
3. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF
THE MERCHANDISE FOR THE PERIOD LISTED ABOVE OCCURRED WITH THE
PUBLICATION OF THE NOTICE OF THE RESCISSION OF THE ADMINISTRATIVE
REVIEW (Cite the F.R. Notice and date of publication). 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.
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 PAYS
INTEREST ON OVERPAYMENTS OR ASSESSES INTEREST ON UNDERPAYMENTS OF THE
REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. THE
INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS
ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF THE
ANTIDUMPING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE
OF PAYMENT OF ESTIMATED ANTIDUMPING DUTIES THROUGH THE DATE OF
LIQUIDATION. THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE
RATE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF
1954 FOR SUCH PERIOD.
5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT
THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN
SECTION 351.402(f)(2) OF 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
#5 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 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)).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
Notes:
1. Paragraph #1 contains a brief description of the merchandise,
country, and period. It notifies CBP that a review has been
terminated.
2. Paragraph #2 contains information on Commerce's clarification
of its assessment regulation.
3. Paragraph #3 provides information on the notice of lifting
of suspension of liquidation.
4. Paragraph #4 is the standard interest paragraph.
5. Paragraph # five 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 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.
6. Paragraph #6 contains the contact information should CBP field
officers have questions. The responsible case analyst must insert
his or her name, telephone number, and office in this paragraph.
7. Paragraph #7 is applicable to non C.I.E. electronic instructions
and to E-mail instructions where there is no sensitive information
included.
|
| 34a. REVOCATION NOTIFICATION - NO INTEREST BY PETITIONER |
RE: REVOCATION OF ANTIDUMPING DUTY [ORDER OR FINDING] ON [PRODUCT]
FROM [COUNTRY] ([CASE NUMBER])
1. AS A RESULT OF A NOTIFICATION FROM THE PETITIONER,
[PETITIONER'S NAME], THAT IT IS NO LONGER INTERESTED IN THE
ANTIDUMPING DUTY [ORDER OR FINDING] ON [PRODUCT] FROM [COUNTRY],
THE DEPARTMENT OF COMMERCE HAS REVOKED THIS ANTIDUMPING DUTY
[ORDER OR FINDING] AND PUBLISHED THE REVOCATION IN THE FEDERAL
REGISTER ON [MM/DD/YYYY].
2. THEREFORE, CBP IS DIRECTED TO TERMINATE THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF [PRODUCT] ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER [MM/DD/YYYY]. ALL
ENTRIES OF THE SUBJECT PRODUCT THAT WERE SUSPENDED ON OR AFTER
[MM/DD/YYYY] SHOULD BE LIQUIDATED WITHOUT REGARD TO ANTIDUMPING
DUTIES (I.E., RELEASE ALL BONDS AND REFUND ALL CASH DEPOSITS).
3. Use the following language if liquidation instructions have not
yet been issued for an unreviewed or incomplete segment of the
order prior to the effective date of revocation:
ENTRIES OF THE SUBJECT PRODUCT ENTERED OR WITHDRAWN FROM
WAREHOUSE PRIOR TO [EFFECTIVE DATE (MM/DD/YYYY)] SHOULD
NOT BE LIQUIDATED UNTIL YOU RECEIVE SEPARATE AND SPECIFIC
LIQUIDATION INSTRUCTIONS.
4. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF
SUBJECT MERCHANDISE ENTERED OR WITHDRAWN FROM WAREHOUSE ON OR
AFTER [MM/DD/YYYY] OCCURRED WITH THE PUBLICATION OF THE NOTICE OF
REVOCATION IN THE FEDERAL REGISTER (CITE THE FR. NOTICE
AND DATE OF PUBLICATION).
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 1930. SECTION 778
REQUIRES THAT CBP PAYS 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 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. 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)).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
NOTES:
This message is applicable where we are revoking the entire
order because the petitioner has withdrawn its interest.
The dates in paragraphs 1 through 3 will be the date of publication
of the revocation in the Federal Register unless your revocation
notice identifies an effective date which is different from the
date of publication of the revocation notice.
|
| 34b. PRODUCT-SPECIFIC REVOCATION NOTIFICATION - NO INTEREST IN A PRODUCT BY PETITIONER |
RE: REVOCATION OF ANTIDUMPING DUTY [ORDER OR FINDING] IN PART ON [PRODUCT]
FROM [COUNTRY] ([CASE NUMBER])
1. AS A RESULT OF A NOTIFICATION FROM THE PETITIONER, [PETITIONER'S
NAME], THAT IT IS NO LONGER INTERESTED IN [SPECIFIC PRODUCT] SUBJECT
TO THE ANTIDUMPING DUTY [ORDER OR FINDING] ON [PRODUCT] FROM [COUNTRY],
THE DEPARTMENT OF COMMERCE HAS REVOKED THIS ANTIDUMPING DUTY [ORDER
OR FINDING] IN PART WITH RESPECT TO [SPECIFIC PRODUCT] AND PUBLISHED
THE REVOCATION IN THE FEDERAL REGISTER ON [MM/DD/YYYY].
2. THEREFORE, CBP IS DIRECTED TO TERMINATE THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF [SPECIFIC PRODUCT] ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER [MM/DD/YYYY].
ALL ENTRIES OF [SPECIFIC PRODUCT] THAT WERE SUSPENDED ON OR AFTER
[MM/DD/YYYY] SHOULD BE LIQUIDATED WITHOUT REGARD TO ANTIDUMPING
DUTIES (I.E., RELEASE ALL BONDS AND REFUND ALL CASH DEPOSITS).
3. Use the following language if liquidation instructions have not
yet been issued for an unreviewed or incomplete segment of the
order prior to the effective date of revocation:
ENTRIES OF THE SUBJECT PRODUCT ENTERED OR WITHDRAWN FROM WAREHOUSE
PRIOR TO [EFFECTIVE DATE (MM/DD/YYYY)] SHOULD NOT BE LIQUIDATED
UNTIL YOU RECEIVE SEPARATE AND SPECIFIC LIQUIDATION INSTRUCTIONS.
4. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF SUBJECT MERCHANDISE ENTERED OR WITHDRAWN FROM WAREHOUSE ON
OR AFTER [MM/DD/YYYY] OCCURRED WITH THE PUBLICATION OF THE
NOTICE OF REVOCATION IN THE FEDERAL REGISTER (CITE THE FR.
NOTICE AND DATE OF PUBLICATION).
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 1930. SECTION 778
REQUIRES THAT CBP PAYS INTEREST ON OVERPAYMENTS AND ASSESS
INTEREST ON UNDERPAYMENTS OF 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. 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)).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
NOTES:
This message is applicable where we are revoking the order in
part with respect to a specific product because the petitioner
has withdrawn its interest in that specific product.
The dates in paragraphs 1, 2 and 3 will be the date of publication
of the revocation in the Federal Register unless your revocation
notice identifies an effective date which is different from the
date of publication of the revocation notice.
The first date in paragraph 4 will be the effective date of revocation.
The second date in paragraph 4 will be the date of the revocation
Notice in the Federal Register.
|
| 34c. NOTIFICATION OF REVOCATION OF FINDING OR ORDER REVOKED UNDER 351.222(b)(1) |
RE: REVOCATION OF ANTIDUMPING DUTY [ORDER OR FINDING] ON [PRODUCT]
FROM [COUNTRY] ([CASE NUMBER])
1. THE DEPARTMENT OF COMMERCE HAS REVOKED THE ANTIDUMPING DUTY
[ORDER OR FINDING] ON [PRODUCT] FROM [COUNTRY] AND PUBLISHED
THE REVOCATION IN THE FEDERAL REGISTER ON [MM/DD/YYYY]. THE
EFFECTIVE DATE OF THE REVOCATION IS [MM/DD/YYYY].
2. THEREFORE, CBP IS DIRECTED TO TERMINATE THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF [PRODUCT] ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER [MM/DD/YYYY]. ALL
ENTRIES OF THE SUBJECT PRODUCT THAT WERE SUSPENDED ON OR AFTER
[MM/DD/YYYY] SHOULD BE LIQUIDATED WITHOUT REGARD TO ANTIDUMPING
DUTIES (I.E., RELEASE ALL BONDS AND REFUND ALL CASH DEPOSITS).
3. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF SUBJECT MERCHANDISE ENTERED OR WITHDRAWN FROM WAREHOUSE ON
OR AFTER [MM/DD/YYYY] OCCURRED WITH THE PUBLICATION OF THE
NOTICE OF REVOCATION IN THE FEDERAL REGISTER (CITE THE FR.
NOTICE AND DATE OF PUBLICATION).
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 PAYS 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 OF PAYMENT
OF ESTIMATED ANTIDUMPING DUTIES THROUGH THE DATE OF LIQUIDATION.
THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT
UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR
SUCH PERIOD.
5. 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 THIS INFORMATION.
DAVID M. GENOVESE
NOTES:
A. This message is applicable where we are revoking the entire
order based on no dumping.
B. There are five (5) places in which you need to place dates.
The dates will differ depending on the context.
Paragraph 1: 1st date - The date of publication of the revocation
in the FR.
2nd date - The effective date of the revocation.
Paragraph 2: Both dates - The effective date of the revocation.
Paragraph 3: The date of publication of the revocation in the FR.
Example: We publish a revocation notice in the Federal Register
on January 16, 1999. The effective date of the revocation is
May 1, 1998. (This date will vary, depending on the facts of your
case. Your FR notice should be clear as to the effective date.)
Your instructions will be as follows:
1. THE DEPARTMENT OF COMMERCE HAS REVOKED THE ANTIDUMPING DUTY
[ORDER OR FINDING] ON [PRODUCT] FROM [COUNTRY] AND PUBLISHED
THE REVOCATION IN THE FEDERAL REGISTER ON 01/16/99. THE
EFFECTIVE DATE OF THE REVOCATION IS 05/01/98.
2. THEREFORE, CBP IS DIRECTED TO TERMINATE THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF [PRODUCT] ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 05/01/98. ALL ENTRIES
OF THE SUBJECT PRODUCT THAT WERE SUSPENDED ON OR AFTER 05/01/98
SHOULD BE LIQUIDATED WITHOUT REGARD TO ANTIDUMPING DUTIES (I.E.,
RELEASE ALL BONDS AND REFUND ALL CASH DEPOSITS
|
|
34d. NOTIFICATION OF COMPANY-SPECIFIC REVOCATION OF FINDING OR ORDER IN PART REVOKED UNDER 351.222(b)(2) |
RE: REVOCATION OF ANTIDUMPING DUTY [ORDER OR FINDING] IN PART ON
[PRODUCT] FROM [COUNTRY] ([CASE NUMBER])
1. THE DEPARTMENT OF COMMERCE HAS REVOKED THE ANTIDUMPING DUTY
[ORDER OR FINDING] ON [PRODUCT] FROM [COUNTRY] IN PART AND
PUBLISHED THE REVOCATION IN THE FEDERAL REGISTER ON [MM/DD/YYYY].
THE PARTIAL REVOCATION APPLIES TO ALL SUBJECT MERCHANDISE
MANUFACTURED BY [COMPANY] AND THE EFFECTIVE DATE OF THE
REVOCATION IS [MM/DD/YYYY].
2. THEREFORE, CBP IS DIRECTED TO TERMINATE THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF [PRODUCT] MANUFACTURED BY
[COMPANY] ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
ON OR AFTER [MM/DD/YYYY]. ALL ENTRIES OF THE SUBJECT PRODUCT
MANUFACTURED BY [COMPANY] THAT WERE SUSPENDED ON OR AFTER
[MM/DD/YYYY] SHOULD BE LIQUIDATED WITHOUT REGARD TO ANTIDUMPING
DUTIES (I.E., RELEASE ALL BONDS AND REFUND ALL CASH DEPOSITS).
3. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF SUBJECT MERCHANDISE ENTERED OR WITHDRAWN FROM WAREHOUSE ON
OR AFTER [MM/DD/YYYY] OCCURRED WITH THE PUBLICATION OF THE
NOTICE OF REVOCATION IN THE FEDERAL REGISTER (CITE THE FR.
NOTICE AND DATE OF PUBLICATION).
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 1930. SECTION 778
REQUIRES THAT CBP PAYS 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 OF PAYMENT OF ESTIMATED
ANTIDUMPING DUTIES THROUGH THE DATE OF LIQUIDATION. THE RATE AT
WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER
SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD
5. 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 THIS INFORMATION.
DAVID M. GENOVESE
NOTES:
This message is applicable where we are revoking an order in part
with respect to a particular company.
A. There are four (4) places in which you need to place dates.
The dates will differ depending on the context.
Paragraph 1:
1st date - The date of publication of the revocation in the FR.
2nd date - The effective date of the revocation.
Paragraph 2: Both dates - The effective date of the revocation.
Paragraph 3:
1st date – The effective date of the revocation.
2nd date - The date of publication of the revocation notice in the FR
Example: We publish a revocation notice in the Federal Register
on January 16, 1999. The effective date of the revocation is
May 1, 1998. (This date will vary, depending on the facts of your
case. Your FR notice should be clear as to the effective date.)
Your instructions will be as follows:
1. THE DEPARTMENT OF COMMERCE HAS REVOKED THE ANTIDUMPING
DUTY [ORDER OR FINDING] ON [PRODUCT] FROM [COUNTRY] IN PART
AND PUBLISHED THE REVOCATION IN THE FEDERAL REGISTER ON
01/16/99. THE EFFECTIVE DATE OF THE REVOCATION IS 05/01/98.
2. THEREFORE, CBP IS DIRECTED TO TERMINATE THE SUSPENSION
OF LIQUIDATION FOR ALL SHIPMENTS OF [PRODUCT] MANUFACTURED BY
[COMPANY] ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
ON OR AFTER 05/01/98. ALL ENTRIES OF THE SUBJECT PRODUCT
MANUFACTURED BY [COMPANY] THAT WERE SUSPENDED ON OR AFTER
05/01/98 SHOULD BE LIQUIDATED WITHOUT REGARD TO ANTIDUMPING
DUTIES (I.E., RELEASE ALL BONDS AND REFUND ALL CASH DEPOSITS).
B. In paragraph 2 you should conform the reference to the
revoked party with the language in your FR notice. For
example, if you revoke the order with respect to merchandise
produced and exported by a company, use the same language
in your instructions.
|
| 34e. SUNSET REVOCATION OF ANTIDUMPING/COUNTERVAILING DUTY ORDERS |
RE: SUNSET REVOCATION OF ANTIDUMPING/COUNTERVAILING DUTY ORDER ON
[PRODUCT AND COUNTRY], ([7-DIGIT CASE NUMBER])
1. AS A RESULT OF A FIVE-YEAR ("SUNSET") REVIEW, THE U.S. DEPARTMENT
OF COMMERCE (COMMERCE) HAS REVOKED THE [ANTIDUMPING/COUNTERVAILING]
DUTY ORDER ON [PRODUCT] FROM [COUNTRY] [(7-DIGIT CASE NUMBER)].
THIS REVOCATION WAS PUBLISHED IN THE FEDERAL REGISTER ON
[PUBLICATION DATE IN THE FEDERAL REGISTER (MM/DD/YYYY)]
[(FR CITE)]. THE EFFECTIVE DATE OF THE REVOCATION IS [EFFECTIVE
DATE OF REVOCATION (MM/DD/YYYY)].
2. U.S. CUSTOMS AND BORDER PROTECTION (CBP) IS DIRECTED TO TERMINATE
THE SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF [PRODUCT] FROM
[COUNTRY], ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION,
[ON OR AFTER] [EFFECTIVE DATE (MM/DD/YYYY)]. ALL ENTRIES OF THE
SUBJECT MERCHANDISE THAT WERE SUSPENDED [ON OR AFTER] [EFFECTIVE
DATE (MM/DD/YYYY)] SHOULD BE LIQUIDATED WITHOUT REGARD TO
[ANTIDUMPING/COUNTERVAILING] DUTIES (I.E., RELEASE ALL BONDS AND
REFUND ALL CASH DEPOSITS, WITH INTEREST).
3. Use the following language if liquidation instructions have not
yet been issued for an unreviewed or incomplete segment of the
order prior to the effective date of revocation:
ENTRIES OF THE SUBJECT PRODUCT ENTERED OR WITHDRAWN FROM
WAREHOUSE PRIOR TO [EFFECTIVE DATE (MM/DD/YYYY)] SHOULD
NOT BE LIQUIDATED UNTIL YOU RECEIVE SEPARATE AND SPECIFIC
LIQUIDATION INSTRUCTIONS.
Use the following language when the requisite liquidation
instructions have already been issued:
LIQUIDATION INSTRUCTIONS COVERING ENTRIES OF [PRODUCT NAME]
FROM [COUNTRY] DURING THE PERIOD [MM/DD/YYYY THROUGH MM/DD/YYYY]
WERE PREVIOUSLY ISSUED UNDER MESSAGE NUMBER [XXXXXXX].
4. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF SUBJECT MERCHANDISE ENTERED OR WITHDRAWN FROM WAREHOUSE ON
OR AFTER [MM/DD/YYYY] OCCURRED WITH THE PUBLICATION OF THE
NOTICE OF SUNSET REVOCATION IN THE FEDERAL REGISTER (CITE THE
FR. NOTICE AND DATE OF PUBLICATION).
5. THE ASSESSMENT OF [ANTIDUMPING/COUNTERVAILING] DUTIES BY CBP
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 OR ASSESS INTEREST ON
UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
[ANTIDUMPING/COUNTERVAILING] DUTIES. THE INTEREST PROVISIONS
ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED
[ANTIDUMPING/COUNTERVAILING] DUTIES BEFORE THE DATE OF
PUBLICATION OF THE [ANTIDUMPING/COUNTERVAILING] DUTY ORDER.
INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF
ESTIMATED [ANTIDUMPING/COUNTERVAILING] 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. 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)).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
Notes:
This message is applicable in those instances in which a sunset review
was conducted and the U.S. Department of Commerce consequently determined
to revoke the entire order.
Paragraph #1 is a standard paragraph that provides relevant case facts
and indicates that a sunset review was conducted, which resulted in
revocation of the order.
Paragraph #2 directs CBP to liquidate any entries that remain unliquidated
without regard to dumping or countervailing duties. While an order may be
revoked effective a specific date, reviews may continue covering periods
until the effective date of revocation.
Paragraph #3 informs CBP that entries not covered by the periods noted
in paragraph #3 should remain suspended until notified otherwise.
Paragraph # 4 informs CBP of the date of notice of lifting of suspension
of liquidation.
Paragraph #5 is the interest paragraph. The language in this paragraph
is standard language. This paragraph should be inserted into the
instruction whenever interest is applicable.
Paragraph #6 is the contact paragraph.
Paragraph #7 is the disclosure paragraph.
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| 35. PARTIAL LIQUIDATION INSTRUCTIONS |
RE: PARTIAL LIQUIDATION OF [PRODUCT] FROM [COUNTRY] - TERMINATION
OF ADMINISTRATIVE REVIEW COVERING THE PERIOD [MM/DD/YYYY]
THROUGH [MM/DD/YYYY]
1. ON [MM/DD/YYYY], THE DEPARTMENT OF COMMERCE TERMINATED THE
ADMINISTRATIVE REVIEW COVERING THE PERIOD [MM/DD/YYYY] THROUGH
[MM/DD/YYYY] FOR THE FOLLOWING [PRODUCT] ORDERS (EXCEPT WHERE
NOTED) AND COMPANIES:
[COUNTRY]:
[FIRM] [10-DIGIT CASE NUMBERS]
[FIRM] [10-DIGIT CASE NUMBERS]
2. IN ACCORDANCE WITH SECTION 351.212(c) OF THE COMMERCE REGULATIONS,
YOU ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT OR
BONDING RATE [SPECIFY RATE] REQUIRED AT THE TIME OF ENTRY.
3. THIS E-MAIL MESSAGE CONSTITUTED THE IMMEDIATE LIFTING OF SUSPENSION
OF LIQUIDATION OF ENTRIES FOR THE FIRMS AND MERCHANDISE LISTED ABOVE
DURING THE INDICATED PERIOD.
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 PAYS INTEREST ON OVERPAYMENTS. OR
ASSESSES INTEREST ON UNDER PAYMENTS, OF THE REQUIRED AMOUNTS
DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS
ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION
OF THE ANTIDUMPING DUTY ORDER. INTEREST SHALL BE CALCULATED
FROM THE DATE OF PAYMENT OF ESTIMATED ANTIDUMPING DUTIES
THROUGH THE DATE OF LIQUIDATION. THE RATE AT WHICH SUCH
INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER SECTION 6621
OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.
5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE
IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION
351.402(f)(2) OF 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.
6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY
(GENERATED BY O(Office Number): Analyst's Initials (Example: O2:RL)).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 36. NO SHIPMENTS INQUIRY |
RE: NO SHIPMENTS INQUIRY
1. RECORDS AT THE DEPARTMENT OF COMMERCE INDICATE THAT [PRODUCT]
[CASE NUMBER] MANUFACTURED/EXPORTED BY [EXPORTER/MANUFACTURER]
HAS NOT BEEN EXPORTED DURING THE PERIOD (MM/DD/YYYY) THROUGH
(MM/DD/YYYY).
2. IF ANY CBP IMPORT OFFICE HAS CONTRARY INFORMATION AND IS
SUSPENDING LIQUIDATION OF ENTRY OF THIS MERCHANDISE DURING THE
PERIOD (MM/DD/YYYY) THROUGH (MM/DD/YYYY), APPRAISING OFFICERS
SHOULD, WITHIN 10 DAYS OF RECEIPT OF THIS MESSAGE, REPORT THE
FOLLOWING INFORMATION TO IA-CUSTOMSLIAISON@ITA.DOC.GOV AND
OGA-ADCVD@DHS.GOV VIA ACS E-MAIL: E-MAIL MESSAGE NUMBER, AD/CVD
CASE NUMBER, ENTRY NUMBER(S), DATE OF ENTRY, MANUFACTURER,
SHIPPER/SELLER AND, IMPORTER. CBP HQ WILL FORWARD THIS
INFORMATION TO THE APPROPRIATE OFFICE AT THE U.S. DEPARTMENT
OF COMMERCE. NEGATIVE REPORTS ARE NOT REQUIRED.
3. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT 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)).
4. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 37. SUSPENSION OF INVESTIGATION |
SUSPENSION AGREEMENT
[CASE NUMBER]
RE: SUSPENSION OF INVESTIGATION/SUSPENSION AGREEMENT OF (PRODUCT)
FROM (COUNTRY) (AD/CVD CASE NUMBER)
1. THE DEPARTMENT OF COMMERCE (THE DEPARTMENT) PUBLISHED IN THE
FEDERAL REGISTER OF (MM/DD/YYYY)(CITE F.R.. NOTICE) THE
SUSPENSION OF THE INVESTIGATION FOR (PRODUCT) FROM (COUNTRY).
IMPORTS OF (PRODUCT) FROM (COUNTRY) ARE SUBJECT TO THE TERMS
AND CONDITIONS PURSUANT TO THE SUSPENSION AGREEMENT BETWEEN
THE DEPARTMENT OF COMMERCE AND SIGNATORY (COMPANY NAME).
2. THE MERCHANDISE COVERED BY THIS SUSPENDED INVESTIGATION CONSISTS
OF (PRODUCT) FROM (COUNTRY) WHICH ARE DEFINED AS (DEFINITION).
THE (PRODUCT) SUBJECT TO THIS SUSPENDED INVESTIGATION IS/ARE
CURRENTLY CLASSIFIABLE UNDER SUBHEADINGS (GIVE HTS. #) OF THE
HARMONIZED TARIFF SCHEDULE (HTS.). ALTHOUGH THE HTS. SUBHEADINGS
ARE PROVIDED FOR CONVENIENCE FOR CBP PURPOSES, THE WRITTEN
DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION IS DISPOSITIVE.
3. CUSTOMS AND BORDER PROTECTION SHALL DISCONTINUE SUSPENSION OF
LIQUIDATION OF ANY ENTRIES OF (PRODUCT) FROM (COUNTRY). ANY CASH
DEPOSITS ON ENTRIES OF (PRODUCT) FROM (COUNTRY) PURSUANT TO THE
DEPARTMENT'S SUSPENSION OF LIQUIDATION INSTRUCTIONS ISSUED ON
(DATE) SHALL BE REFUNDED AND ANY BONDS SHALL BE RELEASED.
4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT 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)).
5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE
|
| 38. CORRECTION OF A PREVIOUS MESSAGE |
RE: CORRECTION OF MESSAGE [NUMBER] ON [DATE] OF [CASE] (A/C-XIX-XIX)
1. ON [DATE], THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL
REGISTER [NOTICE] IN THE [ANTIDUMPING/COUNTERVAILING DUTY]
INVESTIGATION OF [CASE NAME]. THIS IS A CORRECTION OF PARAGRAPH
X IN MESSAGE [NUMBER], DATED [DATE] OF [CASE NUMBER, DATE,
MARGIN, ETC.].
2. IN PARAGRAPH X OF MESSAGE [NUMBER], THE DEPARTMENT [EXPLANATION OF
WHAT IS INCORRECT IN PREVIOUS MESSAGE].
3. PARAGRAPH X OF MESSAGE [NUMBER] CURRENTLY READS AS FOLLOWS:
[PROVIDE CURRENT PARAGRAPH OF MESSAGE NUMBER [XXXXXX] THAT
CONTAINS INCORRECT INFORMATION]
INSTEAD, PARAGRAPH X OF MESSAGE NUMBER [XXXXXX] SHOULD READ
AS FOLLOWS:
[INSERT THE REVISED PARAGRAPH HERE]
4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA
HASHMI OR RON TRENTHAM AT 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)).
Choose one of the following depending upon whether there is any
proprietary information conveyed in this instruction:
5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
or
THIS E-MAIL MESSAGE IS NOT TO BE DISCLOSED TO THE PUBLIC.
DAVID M. GENOVESE
NOTES:
1. Paragraph one cites to the public notice (e.g., such as an FR notice
or court decision) that affects the email message in question and
identifies this email message as a correction message.
2. Paragraph two provides a narrative description of the issue in error.
3. Paragraph three identifies the language in the original message containing
the error and provides the correct, modified language. If the paragraph
containing the error is large in size, you should clearly isolate the
language within the paragraph that is in question.
4. Paragraph five contains the standard contact information.
5. Paragraph six is the disclosure paragraph that is used to identify
whether the email instruction is proprietary, in nature.
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United States Department of Commerce . International Trade Administration . Import Administration . 1401 Constitution Ave NW Washington DC 20230 |