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 PETITION WITHDRAWN 11.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. |
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. |
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. |
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. |
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. |
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. |
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. |
go to top of page |
United States Department of Commerce . International Trade Administration . Import Administration . 1401 Constitution Ave NW Washington DC 20230 |