MESSAGE NO: 0264205 DATE: 09 20 2000
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 463 - 403 - -
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PERIOD COVERED: 08 01 1992 TO 07 31 1993

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: LIQ INSTRUCTIONS FOR TITANIUM SPONGE FROM KAZAKHSTAN
(A-463-403)


1. THE COMMERCE DEPARTMENT HAS COMPLETED ITS REVIEW OF THE
ANTIDUMPING DUTY FINDING ON TITANIUM SPONGE FROM KAZAKHSTAN
(A-463-403) ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION
DURING THE PERIOD 08/01/1992 THROUGH 07/31/1993.

2. INFORMATION PROVIDED TO THE COMMERCE DEPARTMENT INDICATES
THAT THERE WERE NO EXPORTS OF TITANIUM SPONGE FROM KAZAKHSTAN
(A-463-403) DURING THE PERIOD 08/01/1992 THROUGH 07/31/1993. THIS
NOTICE IS PROVIDED FOR CONTINUITY AND COMPLETENESS OF THE RECORD
OF THIS PROCEEDING.

3. IF CUSTOMS OFFICERS ARE HOLDING ANY ENTRIES OF TITANIUM
SPONGE FROM KAZAKHSTAN (A-463-403) 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ANTIDUMPING DUTIES ON MERCHANDISE ENTERED OR WITHDRAWN FROM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,
08/12/1992. 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)(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 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 AT 202-482-5505, 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