MESSAGE NO: 8302201 DATE: 10/28/2008

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-588-854

PERIOD COVERED: 08/01/2007 TO 07/31/2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: AUTOMATIC LIQUIDATION INSTRUCTION FOR CERTAIN TIN MILL, PRODUCTS
FROM JAPAN (A-588-854), LIQUIDATE ALL ENTRIES FOR ALL FIRMS

1\. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT

ADMINISTRATIVE REVIEWS OF ANTIDUMPING 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 ORDER FOR THE

PERIOD AND ON THE MERCHANDISE LISTED BELOW. 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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH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: CERTAIN TIN MILL PRODUCTS

COUNTRY: JAPAN

CASE NUMBER: A-588-854

PERIOD: 08/01/2007-07/31/2008

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 08/01/2007

THROUGH 07/31/2008 OCCURRED WITH THE PUBLICATION OF THE NOTICE OF

INITIATION OF ADMINISTRATIVE REVIEW FOR THE 08/2008 ANNIVERSARY

MONTH (73 FR 56795, 09/30/2008). FOR ALL OTHER SHIPMENTS OF

CERTAIN TIN MILL PRODUCTS FROM JAPAN 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 O7:BB).

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

DAVID M. GENOVESE