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CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A-570-868
PERIOD COVERED: 12/03/2001
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION INSTRUCTIONS FOR ANTIDUMPING SCOPE RULING, ON IGNITE'S VIKA TWOFOLD 2 IN 1 WORK BENCH/SCAFFOLD, FROM CHINA NOT WITHIN THE SCOPE (A-570-868)
1. THE DEPARTMENT OF COMMERCE RECEIVED A SCOPE RULING REQUEST
FROM IGNITE USA, LLC.THE DEPARTMENT OF COMMERCE ISSUED A FINAL
SCOPE RULING ON 04/18/2008, THAT IGNITE'S VIKA TWOFOLD 2 IN 1
WORKBENCH/SCAFFOLD IS NOT WITHIN THE SCOPE OF THE ANTIDUMPING
DUTY ORDER COVERING FOLDING METAL TABLES AND CHAIRS FROM THE
PEOPLE'S REPUBLIC OF CHINA (A-570-868).
2. THE COMMERCE DEPARTMENT DETERMINED THAT THE ROTATING LEG
MECHANISM OF IGNITE'S VIKA TWOFOLD 2 IN 1 WORKBENCH/SCAFFOLD
DIFFERS FROM THE FOLDING METAL TABLES SUBJECT TO THE ORDER, AND
ITS WEIGHT IS ALMOST TWICE AS MUCH AS THE EXPECTED MAXIMUM
WEIGHT FOR FOLDING METAL TABLES. THEREFORE, IGNITE'S VIKA
TWOFOLD 2 IN 1 WORKBENCH/SCAFFOLD IS NOT WITHIN THE SCOPE OF
THE ANTIDUMPING DUTY ORDER COVERING FOLDING METAL TABLES AND
CHAIRS FROM THE PEOPLE'S REPUBLIC OF CHINA.
3. EFFECTIVE 04/18/2008, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRIES ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER 12/03/2001 OF THE VIKA TWOFOLD 2 IN 1
WORKBENCH/SCAFFOLD LISTED ABOVE.
4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE VIKA TWOFOLD 2 IN 1 WORKBENCH/SCAFFOLD LISTED
ABOVE.
5. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES OF THE VIKA TWOFOLD 2 IN
1
WORKBENCH/SCAFFOLD ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER 12/03/2001.
6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON 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 UNDER PAYMENTS, 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.
7. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF FOLDING METAL
TABLE AND CHAIRS SUBJECT TO THE ANTIDUMPING DUTY ORDER COVERING
FOLDING METAL TABLE AND CHAIRS FROM THE PEOPLE'S REPUBLIC OF
CHINA.
8. 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 O8: KGH).
9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M.GENOVESE