MESSAGE NO: 0245207 DATE: 09 01 2000
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 028 - -
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PERIOD COVERED: 04 01 1992 TO 03 31 1994

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: LIQ. INSTRUCTIONS FOR ROLLER CHAIN, OTHER THAN BICYCLE,
FROM JAPAN MANUFACTURED AND EXPORTED BY HITACHI METALS/
HITACHI INTERNATIONAL(A-588-028-026)

1. THE COMMERCE DEPARTMENT HAS COMPLETED ITS REVIEW OF THE
ANTIDUMPING DUTY FINDING OF ROLLER CHAIN, OTHER THAN
BICYCLE FROM JAPAN (A-588-028) MANUFACTURED/EXPORTED BY HITACHI
METALS/HITACHI INTERNATIONAL (A-588-028-026) ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
04/01/1992 THROUGH 03/31/1994.

2. INFORMATION PROVIDED TO THE COMMERCE DEPARTMENT INDICATES
THAT HITACHI METALS/HITACHI INTERNATIONAL (A-588-028-026) DID
NOT EXPORT SUBJECT MERCHANDISE TO THE UNITED STATES DURING THE
PERIOD 04/01/1992 THROUGH 03/31/1994. THIS NOTICE IS PROVIDED
FOR CONTINUITY AND COMPLETENESS OF THE RECORD OF THIS PROCEEDING.

3. IF CUSTOMS OFFICERS ARE HOLDING ANY ENTRIES FOR THIS PERIOD
ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT OR BONDING
RATE IN EFFECT AT THE TIME OF ENTRY.

4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS
OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES
THAT CUSTOMS PAYS INTEREST ON OVERPAYMENTS AND 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 FINDING,
06/09/1972. INTEREST SHALL BE CALCULATED FROM THE DATE OF
PAYMENT OF ESTIMATED ANTIDUMPING 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. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
AS DESCRIBED IN SECTION 351.402(f). THE IMPORTER SHOULD PROVIDE
THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY.
IF THE IMPORTER CERTIFIES THAT IT HAS AN AGREEMENT WITH THE
EXPORTER TO BE REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD
DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER DOES
NOT RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR 29) FOR THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD
PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.

7. IF THERE ARE ANY QUESTIONS REGARDING THE CORRECT CASH
DEPOSIT OR BONDING RATE BY CUSTOMS OFFICERS, CONTACT RONALD
TRENTHAM AT 202-482-6320, AD/CVD ENFORCEMENT, GROUP 2, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF
COMMERCE.

8. FOR ALL OTHER 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." IMPORTING PUBLIC AND INTERESTED
PARTIES SHOULD CONTACT JACK DULBERGER OR SHEILA FORBES AT
202-482-5505 AND 202-482-4697, RESPECTIVELY, AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS E-MAIL
MESSAGE.
PAUL SCHWARTZ