MESSAGE NO: 9009204 DATE: 1/9/2009

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-570-879

PERIOD COVERED: 10/01/2007 TO 09/30/2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NON-REVIEW LIQUIDATION INSTRUCTIONS FOR POLYVINYL, ALCOHOL FROM
CHINA (A-570-879)

1\. COMMERCE DOES NOT AUTOMATICALLY CONDUCT ADMINISTRATIVE

REVIEWS OF ANTIDUMPING FINDINGS/DUTY ORDERS. INSTEAD, REVIEWS

MUST BE REQUESTED IN ACCORDANCE WITH SECTION 751(A)(1) OF THE

TARIFF ACT OF 1930 AND IN ACCORDANCE WITH SECTION 351.213 OF

COMMERCE\'S REGULATIONS.

2\. COMMERCE HAS NOT RECEIVED A REQUEST FOR AN ADMINISTRATIVE

REVIEW OF THE ANTIDUMPING DUTY ORDER FOR THE PERIOD AND ON THE

MERCHANDISE LISTED BELOW. THEREFORE, IN ACCORDANCE WITH SECTION

351.212(c) OF COMMERCE\'S 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ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM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 TIME OF ENTRY.

LIQUIDATE ALL ENTRIES FOR ALL FIRMS.

PRODUCT: POLYVINYL ALCOHOL

COUNTRY: THE PEOPLE\'S REPUBLIC OF CHINA

CASE NO: (A-570-879)

PERIOD: 10/01/2007-09/30/2008

3\. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED BY

THIS INSTRUCTION.

4\. NOTICE OF LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF

SUBJECT MERCHANDISE DURING THE PERIOD 10/01/2007 THROUGH

09/30/2008 OCCURRED WITH THE PUBLICATION OF THE NOTICE OF

INITIATION OF ADMINISTRATIVE REVIEW FOR THE (10/2008) ANNIVERSARY

MONTH 73 FR 70964, 11/24/2008. FOR ALL OTHER SHIPMENTS OF

POLYVINYL ALCOHOL FROM THE PEOPLE\'S REPUBLIC OF CHINA YOU SHALL,

UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF

ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT

RATES OR PER-UNIT AMOUNTS.

5\. THE ASSESSMENT OF ANTIDUMPING DUTIES BY 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

ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE

TO CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES BEFORE

THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY ORDER.

INTEREST

SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF ESTIMATED

ANTIDUMPING DUTIES THROUGH THE DATE OF LIQUIDATION. THE RATE AT

WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER

SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH

PERIOD.

6\. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE

THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED

IN SECTION 351.402(f)(2) OF COMMERCE\'S REGULATIONS. THE IMPORTER

SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION

OF THE ENTRY. IF THE IMPORTER CERTIFIES THAT IT HAS AN AGREEMENT

WITH THE MANUFACTURER, PRODUCER, SELLER, OR EXPORTER TO BE

REIMBURSED ANTIDUMPING DUTIES, CBP 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 ANTIDUMPINGDUTIES DUE.

7\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP

OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE

CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD

OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE

ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984

OR (202) 482-3577 RESPECTIVELY (GENERATED: O8:PS).

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

DAVID M. GENOVESE