MESSAGE NO: 9035204 DATE: 2/4/2009

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-549-821

PERIOD COVERED: 08/01/2006 TO 07/31/2007

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR POLYETHYLENE RETAIL, CARRIER BAGS FROM
THAILAND PRODUCED AND/OR EXPORTED BY, MASTER PACKAGING CO., LTD.,
(A-549-821)

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

1\. FOR ALL SHIPMENTS OF POLYETHYLENE RETAIL CARRIER BAGS

(PRCBS) FROM THAILAND PRODUCED AND/OR EXPORTED BY MASTER

PACKAGING CO., LTD. (MASTER PACKAGING) (A-549-821), ENTERED, OR

WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD

08/01/2006 THROUGH 07/31/2007, ASSESS AN ANTIDUMPING LIABILITY

OF 122.88 PERCENT OF THE ENTERED VALUE. MASTER PACKAGING DID

NOT HAVE ITS OWN CASE NUMBER DURING THIS PERIOD. ENTRIES MAY

HAVE BEEN MADE UNDER A-549-821-000 OR OTHER COMPANY-SPECIFIC

CASE NUMBERS.

2\. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF

ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 08/01/2006

THROUGH 07/31/2007 OCCURRED WITH THE PUBLICATION OF THE FINAL

RESULTS OF ADMINISTRATIVE REVIEW (74 FR 2511, 01/15/2009).

FOR

ALL OTHER SHIPMENTS OF PRCBS FROM THAILAND 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 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 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 WHICH IS 08/09/2004.

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.

5\. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED

BY THESE INSTRUCTIONS.

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 AD/CVD 5: KLC).

7\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

DAVID M. GENOVESE