MESSAGE NO: 9034202 DATE: 2/3/2009

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-570-862

PERIOD COVERED: 09/01/2007 TO 08/31/2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NON REVIEW LIQUIDATION INSTRUCTIONS FOR FOUNDRY COKE, FROM CHINA
(A-570-862)

1\. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT

ADMINISTRATIVE REVIEWS OF ANTIDUMPING FINDINGS/DUTY ORDERS.

INSTEAD, REVIEWS MUST BE REQUESTED PURSUANT TO SECTION

751(a)(1)

OF THE TARIFF ACT OF1930 AND IN ACCORDANCE WITH SECTION

351.213

OF THE COMMERCE DEPARTMENT REGULATIONS.

2\. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN

ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER FOR THE

PERIOD AND ON THE MERCHANDISE LISTED BELOW. THEREFORE, IN

ACCORDANCE WITH SECTION 351.212(c) OF DEPARTMENT OF COMMERCE

REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE

ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH

DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY.

FOUNDRY COKE FROM THE PEOPLE\'S REPUBLIC OF CHINA

CASE NUMBER (A-570-862) (09/01/2007-08/31/2008)

LIQUIDATE ALL ENTRIES FOR ALL FIRMS

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

BY THIS INSTRUCTION.

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

OF SUBJECT MERCHANDISE DURING THE PERIOD 09/01/2007 THROUGH

08/31/2008 OCCURRED WITH THE PUBLICATION OF THE NOTICE OF

INITIATION OF ADMINISTRATIVE REVIEW (73 FR 64305,10/29/2008).

FOR ALL OTHER SHIPMENTS OF FOUNDRY COKE FROM THE PEOPLE\'S

REPUBLIC OF CHINA, YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF

ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES OF THE

SUBJECT MERCHANDISE AT THE CURRENT RATES.

5\. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER

PROTECTION ON SHIPMENTS OR ENTRIES OF THIS MERCHANDISE IS SUBJECT

TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930.

SECTION 778 REQUIRES THAT CBP PAY INTEREST ON OVERPAYMENTS OR

ASSESS INTEREST ON UNDERPAYMENTS, OF THE REQUIRED AMOUNTS

DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. THE INTEREST

PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS

ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF

THE ANTIDUMPING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM THE

DATE OF PAYMENT OF ESTIMATED ANTIDUMPING DUTIES THROUGH THE

DATE OF LIQUIDATION. THE RATE AT WHICH SUCH INTEREST IS PAYABLE

IS THE RATE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE

CODE OF 1954 FOR SUCH PERIOD.

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

THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED

IN SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT REGULATIONS.

THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO

LIQUIDATION OF THE ENTRY. IF THE IMPORTER CERTIFIES THAT IT HAS

AN AGREEMENT WITH THE MANUFACTURER,PRODUCER, SELLER, OR EXPORTER

TO BE REIMBURSED ANTIDUMPING DUTIES, CBP SHOULD DOUBLE THE

ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED

REGULATION. ADDITIONALLY, IF THE IMPORTER DOES NOT PROVIDE THE

REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD PRESUME

REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.

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

OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE

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

OPERATIONS, IMPORT ADMINISTRATION,INTERNATIONAL TRADE

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

\(202\) 482-3577 RESPECTIVELY (GENERATED BY O9:AV).

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

DAVID M.GENOVESE