MESSAGE NO: 6019203 DATE: 1/19/2006

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-464-201

PERIOD COVERED: 07/01/2004 TO 11/16/2004

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: AUTOMATIC LIQUIDATION FOR SOLID UREA FROM TAJIKISTAN, (A-464-201)

1\. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT

ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY ORDERS. INSTEAD,

REVIEWS MUST BE REQUESTED 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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE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.

AUTOMATIC LIQUIDATION FOR SOLID UREA FROM TAJIKISTAN

(A-464-201)

PERIOD: 7/1/2004-11/16/2004

LIQUIDATE ALL ENTRIES FOR ALL FIRMS.

3\. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF

SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND

PERIOD LISTED ABOVE.

4\. 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.

5\. 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 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 RESPOND TO YOUR FORMAL REQUEST FOR THE

REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD

PRESUME

REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.

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

ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE

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

OR

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

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

INFORMATION.

CATHY SAUCEDA