MESSAGE NO: 0221211
DATE: 08 08 2000
CATEGORY: CVD
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
C - 201 - 109
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PERIOD COVERED:
01 01 1997
TO
12 31 1997
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION FOR CERTAIN CUT-TO-LENGTH CARBON STEEL
PLATE FROM MEXICO (C-201-109, NOT C-201-810)
1.
THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL
REGISTER (65 FR 13368) OF MARCH 13, 2000, THE FINAL
RESULTS OF ITS ADMINISTRATIVE REVIEW OF THE COUNTERVAILING
DUTY ORDER ON CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE FROM
MEXICO FOR THE PERIOD 01/01/1997-12/31/1997.
2.
IMPORTS COVERED BY THE REVIEW ARE SHIPMENTS OF CERTAIN
CUT-TO-LENGTH CARBON STEEL PLATES.
THESE PRODUCTS
INCLUDE HOT-ROLLED
CARBON STEEL UNIVERSAL MILL PLATES (I.E.,
FLAT-ROLLED PRODUCTS
ROLLED ON FOUR FACES OR IN
A CLOSED BOX PASS, OF A WIDTH
EXCEEDING 150 MILLIMETERS BUT
NOT EXCEEDING 1,250 MILLIMETERS AND
OF A THICKNESS
OF NOT LESS THAN 4 MILLIMETERS, NOT IN COILS AND
WITHOUT
PATTERNS IN RELIEF), OF RECTANGULAR SHAPE, NEITHER CLAD,
PLATED NOR COATED WITH METAL, WHETHER OR NOT PAINTED,
VARNISHED,
OR COATED WITH PLASTICS OR OTHER NONMETALLIC
SUBSTANCES; AND
CERTAIN HOT-ROLLED CARBON STEEL FLAT-ROLLED
PRODUCTS IN STRAIGHT
LENGTHS, OF RECTANGULAR SHAPE,
HOT ROLLED, NEITHER CLAD, PLATED,
NOR COATED WITH METAL,
WHETHER OR NOT PAINTED, VARNISHED, OR
COATED WITH
PLASTICS OR OTHER NONMETALLIC SUBSTANCES, 4.75
MILLIMETERS OR
MORE IN THICKNESS AND OF A WIDTH WHICH EXCEEDS
150
MILLIMETERS AND MEASURES AT LEAST TWICE THE THICKNESS, AS
CURRENTLY CLASSIFIABLE IN THE HARMONIZED TARIFF
SCHEDULES OF THE UNITED STATES (HTSUS) UNDER ITEM NUMBERS
7208.31.0000, 7208.32.0000, 7208.33.1000, 7208.33.5000,
7208.41.0000, 7208.42.0000, 7208.43.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000, 7211.11.0000, 7211.12.0000,
7211.21.0000, 7211.22.0045, 7211.90.0000, 7212.40.1000,
7212.40.5000, AND 7212.50.0000.
INCLUDED IN THIS ADMINISTRATIVE REVIEW ARE FLAT-ROLLED PRODUCTS
OF NONRECTANGULAR CROSS-SECTION WHERE SUCH CROSS-SECTION IS
ACHIEVED SUBSEQUENT TO THE ROLLING PROCESS (I.E., PRODUCTS WHICH
HAVE BEEN "WORKED AFTER ROLLING")--FOR EXAMPLE, PRODUCTS WHICH
HAVE BEEN BEVELLED OR ROUNDED AT THE EDGES.
EXCLUDED FROM THIS
ADMINISTRATIVE REVIEW IS GRADE X-70 PLATE.
HTSUS SUBHEADINGS ARE
PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES.
THE WRITTEN
DESCRIPTION OF THE SCOPE OF THIS PROCEEDING IS DISPOSITIVE.
3.
THE NET SUBSIDY WAS FOUND TO BE 10.42 PERCENT AD VALOREM
FOR ALTOS HORNOS DE MEXICO, S.A. (C-201-109-001) FOR THE
PERIOD 01/01/1997-12/31/1997.
THE ALL OTHERS RATE FOR THE
PERIOD 01/01/1997-12/31/1997 WAS FOUND TO BE 20.25 PERCENT
AD VALOREM.
4.
ACCORDINGLY, YOU ARE NOW INSTRUCTED TO ASSESS
COUNTERVAILING DUTIES OF 10.42 PERCENT OF THE ENTERED VALUE ON
ALL SHIPMENTS OF THIS MERCHANDISE PRODUCED OR EXPORTED BY ALTOS
HORNOS DE MEXICO, S.A. (C-201-109-001) ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 01/01/1997 AND ON
OR BEFORE 12/31/1997. YOU ARE ALSO NOW INSTRUCTED TO
ASSESS COUNTERVAILING DUTIES OF 20.25 PERCENT OF THE ENTERED
VALUE ON ALL OTHER SHIPMENTS OF THIS MERCHANDISE EXPORTED
ON OR AFTER 01/01/1997 AND ON OR BEFORE 12/31/1997.
5. 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 OR 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 DATE OF PAYMENT OF
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.
6.
THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
EXPORTED ON OR BEFORE 12/31/1997 IS LIFTED.
SUSPENSION OF LIQUIDATION FOR ALL ENTRIES OF THIS MERCHANDISE
EXPORTED AFTER 12/31/1997 WILL CONTINUE.
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 ERIC B. GREYNOLDS
AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, DEPARTMENT
OF COMMERCE AT (202) 482-2786.
8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
PAUL SCHWARTZ
NOTE: THIS MESSAGE WAS INADVERTENTLY REMOVED FROM ADIL SO HAS
BEEN REPOSTED TO ADIL ON DECEMBER 10, 2009. THE
ORIGINAL MESSAGE INCLUDED THE COUNTERVAILING DUTY CASE
NUMBER USED BY THE DEPARTMENT OF COMMERCE USED DURING
THE INITIATION PHASE (C-201-810), AS OPPOSED TO THE CASE NUMBER
BEING USED BY CBP FOR THE ORDER (C-201-109).THE ORIGINAL
MESSAGE WAS SENT TO DIRECTORS OF FIELD OPERATIONS, PORT
DIRECTORS, NOT DIRECTORS, FIELD OPERATIONS AND PORT DIRECTORS.
DIRECTOR, TRADE ENFORCEMENT & CONTROL IS NOW SHOWN AS DIRECTOR,
SPECIAL ENFORCEMENT. THE BALANCE OF THE TEXT AND
INFORMATION REMAINS UNCHANGED AND MATCHES THE MESSAGE THAT
STILL APPEARS ON THE ADD/CVD SEARCH APPLICATION ON CBP.GOV.