MESSAGE NO: 0236208
DATE: 08 23 2000
CATEGORY: CVD
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
C - 428 - 812
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PERIOD COVERED:
01 01 1998
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: LIQ INSTRUCTIONS FOR CERTAIN HOT-ROLLED LEAD AND BISMUTH
CARBON STEEL PRODUCTS FROM GERMANY (C-428-812)
1. THE DEPARTMENT OF COMMERCE HAS PUBLISHED IN THE FEDERAL
REGISTER (65 FR 12511) OF MARCH 9, 2000, THE FINAL RESULTS
OF ITS CHANGED CIRCUMSTANCES REVIEW AND REVOCATION OF
COUNTERVAILING DUTY ORDER ON CERTAIN HOT-ROLLED LEAD AND
BISMUTH CARBON STEEL PRODUCTS FROM GERMANY (C-428-812) FOR
THE PERIOD BEGINNING 01/01/1998.
2. IMPORTS COVERED ARE SHIPMENTS OF GERMAN 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 THE SCOPE
ARE OTHER ALLOY STEELS (AS DEFINED BY THE HARMONIZED TARIFF
SCHEDULE OF THE UNITED STATES (HTSUS) CHAPTER 72, NOTE
1(F)), EXCEPT STEELS CLASSIFIED AS OTHER ALLOY STEELS BY
REASONS 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.
MOST OF THE PRODUCTS COVERED IN THIS REVIEW ARE
PROVIDED FOR UNDER SUBHEADINGS 7213.20.00.00 AND
7214.30.00.00 OF THE HTSUS.
SMALL QUANTITIES OF THESE
PRODUCTS MAY ALSO ENTER THE UNITED STATES UNDER THE
FOLLOWING HTSUS SUBHEADINGS:
7213.31.30.00; 7213.31.60.00;
7213.39.00.30; 7213.39.00.60; 7213.39.00.90; 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; 7214.60.00.30; 7214.60.00.50;
7214.91.00; 7214.99.00; 7228.30.80.00; AND 7228.30.80.50.
HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS
PURPOSES. THE WRITTEN DESCRIPTION OF THE SCOPE OF THIS
PROCEEDING IS DISPOSITIVE.
3. ACCORDINGLY, YOU ARE NOW INSTRUCTED TO LIQUIDATE ALL
SHIPMENTS OF CERTAIN HOT-ROLLED LEAD AND BISMUTH CARBON
STEEL PRODUCTS FROM GERMANY EXPORTED ON AFTER
01/01/1998 AT
ZERO PERCENT.
IN ADDITION, WITH THE REVOCATION OF THE
ORDER, THE SUSPENSION OF LIQUIDATION FOR THIS MERCHANDISE IS
TERMINATED.
4. 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 UNDER PAYMENTS, 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.
5. 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 ROBERT COPYAK, AD/CVD ENFORCEMENT,
OFFICE VI, IMPORT ADMINISTRATION, DEPARTMENT OF COMMERCE AT
(202) 482-2786.
6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
PAUL SCHWARTZ