MESSAGE NO: 0173210 DATE: 06 21 2000
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 427 - 804 C - 427 - 805
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PERIOD COVERED: 09 17 1992 TO 12 31 1999

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: LIQUIDATION INSTRUCTIONS FOR CETAIN HOT ROLLED LEAD AND
BISMUTH CARBON STEEL PRODUCTS FROM FRANCE
(A-427-804 AND C-427-805)

1. THE PRELIMINARY INJUNCTION ON CERTAIN HOT-ROLLED LEAD AND
BISMUTH CARBON STEEL PRODUCTS FROM FRANCE (C-427-805) IS NO
LONGER IN EFFECT BECAUSE THERE IS NOW A FINAL AND CONCLUSIVE
COURT DECISION IN THIS CASE.

2. THE MERCHANDISE COVERED BY THESE INSTRUCTIONS IS HOT-
ROLLED BARS AND RODS OF NONALLOY OR OTHER ALLOY STEEL, WHETHER OR
NOT DESCALED, CONTAINING BY WEIGHT 0.03 PERCENT OR MORE OF LEAD
OR 0.05 PERCENT OR MORE OF BISMUTH, IN COILS OR CUT LENGTHS, AND
IN NUMEROUS SHAPES AND SIZES. EXCLUDED FROM THESE INSTRUCTIONS
ARE OTHER ALLOY STEELS (AS DEFINED BY THE HARMONIZED TARIFF
SCHEDULE OF THE UNITED STATES (HTSUS) CHAPTER 72, NOTE (F)),
EXCEPT STEELS CLASSIFIED AS OTHER ALLOY STEELS BY REASON OF
CONTAINING BY WEIGHT 0.4 PERCENT OR MORE OF LEAD, OR 0.1 PERCENT
OR MORE OF BISMUTH, TELLURIUM, OR SELENIUM. ALSO EXCLUDED ARE
SEMI-FINISHED STEELS AND FLAT-ROLLED PRODUCTS. THE MERCHANDISE
COVERED BY THESE INSTRUCTIONS IS CURRENTLY PROVIDED FOR UNDER
HARMONIZED TARIFF SCHEDULE ITEM NUMBERS: 7213.31.30.00,
7213.31.60.00, 7213.39.00.30, 7213.29.00.60, 7213.29.00.90,
7213.91.30.00, 7213.91.45.00, 7213.91.60.00, 7213.99.00,
7214.40.00.10, 7214.40.00.30, 7214.40.00.50, 7214.50.00.10,
7214.50.00.30, 7214.50.00.50, 7214.60.00.10, 7214.60.00.50, AND
7228.30.80.50.

3. ACCORDINGLY, YOU ARE NOW INSTRUCTED TO ASSESS
COUNTERVAILING DUTIES OF 12.88 PERCENT OF THE ENTERED VALUE OF
ALL SHIPMENTS OF THIS MERCHANDISE EXPORTED ON OR AFTER 09/17/1992
AND ON OR BEFORE 01/14/1993 AND 23.11 PERCENT OF THE ENTERED
VALUE OF ALL SHIPMENTS OF THIS MERCHANDISE EXPORTED ON OR AFTER
03/22/1993 AND ON OR BEFORE 12/31/1999. SHIPMENTS OF THIS
MERCHANDISE EXPORTED ON OR AFTER 01/15/1993 AND ON OR BEFORE
03/21/1993 SHOULD BE LIQUIDATED WITHOUT REGARD TO COUNTERVAILING
DUTIES.

4. WITH REGARD TO ANTIDUMPING DUTIES ON SHIPMENTS OF THIS
MERCHANDISE, YOU ARE NOW INSTRUCTED TO ASSESS ANTIDUMPING DUTIES
AT THE RATE ENTERED ON ANY UNLIQUIDATED ENTRIES OF MERCHANDISE,
ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
09/28/1992 AND ON OR BEFORE 12/31/1999.

5. THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
IDENTIFIED ABOVE EXPORTED ON OR BEFORE 12/31/1999 IS LIFTED. THE
SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF THE MERCHANDISE
IDENTIFIED ABOVE EXPORTED AFTER 12/31/1999 WAS TERMINATED DUE TO
A SUNSET REVOCATION AS EXPLAINED IN MESSAGE NUMBERS 0019218 AND
0021217 DATED 01/19/2000 AND 01/21/2000, RESPECTIVELY.

6. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CUSTOMS
SERVICE 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 CUSTOMS PAY INTEREST ON OVERPAYMENTS AND ASSESS
INTEREST ON UNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED AS
ESTIMATED COUNTERVAILING DUTIES. THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED COUNTERVAILING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY
ORDER. INTEREST SHALL BE CALCULATED FROM THE ENTRY DATE OR DATE
OF DEPOSIT, WHICHEVER IS LATER, OR ESTIMATED COUNTERVAILING
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.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL , THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT GAYLE LONGEST, AD/CVD ENFORCEMENT OFFICE VI,
IMPORT ADMINISTRATION, DEPARTMENT OF COMMERCE AT (202) 482-3338.

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

PAUL SCHWARTZ