MESSAGE NO: 0021301 DATE: 01 21 2010
CATEGORY: ADA TYPE: LIQ
REFERENCE: 7256001 REFERENCE DATE: 09 13 2007
CASES: A - 470 - 805 - -
- - - -
- - - -

PERIOD COVERED: 03 01 2005 TO 02 28 2006

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR STAINLESS STEEL BAR FROM
SPAIN PRODUCED AND/OR EXPORTED BY SIDENOR INDUSTRIAL SL
(A-470-805-000/005); CT. NO. 07-00307

1. ON 10/30/2009, THE U.S. COURT OF INTERNATIONAL TRADE ISSUED
A FINAL DECISION IN THE CASE OF SIDENOR INDUSTRIAL SL V. UNITED
STATES, COURT NO. 07-00307.

AS A RESULT OF THIS DECISION, THE INJUNCTION TO WHICH MESSAGE
7256001 REFERS ENJOINING LIQUIDATION OF ENTRIES WHICH ARE SUBJECT
TO THE ANTIDUMPING DUTY ORDER ON STAINLESS STEEL BAR FROM SPAIN
FOR THE PERIOD 03/01/2005 THROUGH 02/28/2006 PRODUCED AND/OR
EXPORTED BY SIDENOR INDUSTRIAL SL DISSOLVED ON 12/29/2009.

2. FOR ALL SHIPMENTS OF STAINLESS STEEL BAR FROM SPAIN PRODUCED
AND/OR EXPORTED BY SIDENOR INDUSTRIAL SL (A-470-805-005) AND
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING
THE PERIOD 03/01/2005 THROUGH 02/28/2006, ASSESS AN ANTIDUMPING
LIABILITY OF 62.85 PERCENT OF THE ENTERED VALUE. ENTRIES MAY
HAVE BEEN MADE UNDER VARIOUS COMPANY-SPECIFIC CASE NUMBERS
AND/OR A-470-805-000.

3. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE
DURING THE PERIOD 03/01/2005 THROUGH 02/28/2006. FOR ALL OTHER
SHIPMENTS OF STAINLESS STEEL BAR FROM SPAIN YOU SHALL, UNLESS
OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF
ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT
RATES.

4. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED
BY THIS INSTRUCTION.

5. 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.

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 COMMERCE'S 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 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 O5: DV).

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


ALICE J. BUCHANAN