• Period Covered: 03/01/1999 to 04/30/2000

MESSAGE NO: 0252222 DATE: 09 08 2000
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 836 A - 583 - 824
A - 570 - 842 - -
- - - -

PERIOD COVERED: 03 01 1999 TO 04 30 2000

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: LIQ INSTRUCTIONS FOR POLYVINYL ALOHOL FROM JAPAN
(A-588-836) AND TAIWAN (A-583-824) AND PEOPLES
REPUBLIC OF CHINA (A-570-842)

1. THE DEPARTMENT OF COMMERCE DOES NOT CONDUCT ADMINISTRATIVE
REVIEWS OF ANTIDUMPING DUTY ORDERS AUTOMATICALLY. INSTEAD,
REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 351.213(B)
OF THE COMMERCE DEPARTMENT REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS RECEIVED COMPANY-SPECIFIC
REQUESTS FOR AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY
ORDERS FOR THE PERIOD AND ON THE MERCHANDISE LISTED BELOW.
THEREFORE, IN ACCORDANCE WITH SECTION 351.212(C) OF THE COMMERCE
DEPARTMENT REGULATIONS, YOU ARETO ASSESS ANTIDUMPING DUTIES ON
ALL MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE
DATE OF ENTRY TO WHICH THE FOLLOWING INFORMATION APPLIES:

POLYVINYL ALCOHOL FROM JAPAN PERIOD
(A-588-836)
05/01/1999-04/30/2000

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
KURARAY CO., LTD.

POLYVINYL ALCOHOL FROM TAIWAN PERIOD
(A-583-824) 05/01/1999-04/30/2000

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

CHANG CHUN PETROCHEMICAL CO., LTD.


POLYVINYL ALCOHOL FROM THE PRC PERIOD
(A-570-842) 03/01/1999-02/29/2000

LIQUIDATE ALL ENTRIES FOR ALL FIRMS.

3. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED
UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE COMPLETION OF
THE
ANTIDUMPING REVIEW. CONTINUE TO SUSPEND LIQUIDATION OF ALL
ENTRIES OF MERCHANDISE EXPORTED OR PRODUCED BY THE LISTED FIRMS
AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING
THIS PERIOD.

4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION
OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIODS LISTED
ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES OF THE SUBJECT
MERCHANDISE ATTHE CURRENT RATES.

5. THE ASSESSMENT OF ANTIDUMPING 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
ANTIDUMPING DUTES. 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 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 DESCRIBED IN
SECTION 351.402(F)(2) OF THE COMMERCE DEPARTMENT 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
EXPORTER TO BE REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD
DOUBLE THEANTIDUMPING 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 THIS MATTER BY CUSTOMS
OFFICERSPLEASE 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 BRIAN LEDGERWOOD, AT 202-482-3836, AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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

PAUL SCHWARTZ