MESSAGE NO: 9034203 DATE: 2/3/2009

CATEGORY: ADA TYPE: LIQ

REFERENCE: 7207204 REFERENCE DATE: 07/26/2007

CASES: A-570-867

PERIOD COVERED: 04/01/2006 TO 03/31/2007

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR AUTOMOTIVE REPLACEMENT, GLASS
WINDSHIELDS FROM CHINA PURSUANT TO COURT ORDER, 02-00312
(A-570-867-002/004/005/006)

1\. ON 10/05/2007, THE U.S. COURT OF INTERNATIONAL TRADE (US

CIT)

ISSUED AN ORDER IN THE CASES CHANGCHUN PILKINGTON SAFETY GLASS

COMPANY LIMITED, ET. AL. V. UNITED STATES (PILKINGTON V.

UNITED

STATES), 02-00312 AND XINYI AUTOMOTIVE GLASS (SHENZHEN) CO.,

LTD. V. UNITED STATES (XINYI AUTOMOTIVE GLASS V. UNITED STATES),

02-00321, ORDERING THE RELIQUIDATION, IN ACCORDANCE WITH THE

FINAL COURT DECISIONS IN THESE ACTIONS, OF CERTAIN ENTRIES,

SUBJECT TO THE ANTIDUMPING DUTY ORDER ON AUTOMOTIVE

REPLACEMENT GLASS WINDSHIELDS FROM THE PEOPLE\'S REPUBLIC OF

CHINA (PRC) (A-570-867).

2\. AS A RESULT OF THE US CIT\'S FINAL DECISIONS IN COURT NOS.

02-00312 AND 02-00321, THE DEPARTMENT OF COMMERCE DETERMINED

THAT XINYI AUTOMOTIVE GLASS (SHENZHEN) CO., LTD.

(A-570-867-002), CHANGCHUN PILKINGTON SAFETY GLASS, CO., LTD

(A-570-867-004), GUILIN PILKINGTON SAFETY GLASS CO., LTD.

(A-570-867-005), AND WUHAN YAOHUA PILKINGTON SAFETY GLASS CO.,

LTD (A-570-867-006) ARE EXCLUDED FROM THE ANTIDUMPING DUTY

ORDER ON AUTOMOTIVE REPLACEMENT GLASS WINDSHIELDS FROM THE PRC.

3\. PURSUANT TO THE US CIT\'S FINAL DECISIONS, AND IN ACCORDANCE

WITH ITS ORDER OF 10/05/2007, U.S. CUSTOMS AND BORDER PROTECTION

(CBP) IS DIRECTED TO RELIQUIDATE WITHOUT REGARD TO ANTIDUMPING

DUTIES ALL ENTRIES OF THE SUBJECT PRODUCT THAT WERE:

\(a\) ENTERED, OR WITHDRAWN FROM THE WAREHOUSE, FOR CONSUMPTION

DURING THE PERIOD 04/01/2006 THROUGH 03/31/2007; AND

\(b\) MANUFACTURED/EXPORTED TO THE UNITED STATES BY (1) XINYI

AUTOMOTIVE GLASS (SHENZHEN) CO., LTD. (A-570-867-002), (WHICH

MAY HAVE BEEN ENTERED UNDER XINYI AUTOMOBILE GLASS CO., LTD.,

XINYI GLASS (NORTH AMERICA) INC., XINYI GROUP COMPANY, XINYI

GROUP GLASS COMPANY LIMITED, XINYL AUTOMOBILE GLASS; OR XINGYI

GLASS (NORTH AMERICA) INC.); (2) CHANGCHUN PILKINGTON SAFETY

GLASS, CO., LTD. (A-570-867-004); (3) GUILIN PILKINGTON SAFETY

GLASS CO., LTD. (A-570-867-005); OR (4) WUHAN YAOHUA PILKINGTON

SAFETY GLASS CO., LTD. (A-570-867-006); AND

\(c\) LIQUIDATED BY CBP AT THE CASH DEPOSIT OR BONDING RATE

REQUIRED AT THE TIME OF ENTRY PURSUANT TO DEPARTMENT OF

COMMERCE MESSAGE NO. 7207204, DATED 07/26/2007.

4\. 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 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\. 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 THE 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: O4:ZP).

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

DAVID M. GENOVESE