MESSAGE NO: 0293201 DATE: 10 19 2000
CATEGORY: ADA TYPE: REV
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 105 - -
- - - -
- - - -

PERIOD COVERED: 05 12 2000 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: REVOCATION OF ANTIDUMPING DUTY ORDER ON PURE MAGNESIUM
FROM THE RUSSIAN FEDERATION (A-462-105) & LIQUIDATION
INSTRUCTIONS FOR ENTRIES MADE BETWEEN 5/1/98-5/11/2000

1. THIS MESSAGE IS A CORRECTION TO MESSAGE NUMBER 0222210 WHICH
WAS SENT ON 08/09/2000 REGARDING THE EFFECTIVE DATE OF THE
REVOCATIONOF THE ANTIUMPING DUTY ORDER ON PURE MAGNESIUM FROM
THE RUSSIAN FEDERATION.

2. AS A RESULT OF A FIVE-YEAR ("SUNSET") REVIEW, THE DEPARTMENT
OF COMMERCE HAS REVOKED THE ANTIDUMPING DUTY ORDER ON PURE
MAGNESIUM FROM THE RUSSIAN FEDERATION AND PUBLISHED THE
REVOCATION IN THE FEDERAL REGISTER ON JULY 7, 2000 (65 FR 41944)
AND PUBLISHED THE CORRECTION TO THE REVOCATION DETERMINATION ON
SEPTEMBER 5, 2000 (65 FR 53700). THE EFFECTIVE DATE OF THE
REVOCATION IS 05/12/2000.

3. THEREFORE, CUSTOMS IS DIRECTED TO TERMINATE THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF PURE MAGNESIUM FROM THE RUSSIAN
FEDERATION ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
ON OR AFTER 05/12/2000. CUSTOMS IS DIRECTED TO RELEASE ALL BONDS
AND REFUND ALL CASH DEPOSITS ON ENTRIES MADE ON OR AFTER
05/12/2000.

4. THESE INSTRUCTIONS ALSO CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES OF PURE MAGNESIUM FROM THE
RUSSIAN FEDERATION DURING THE PERIOD 05/01/1998 - 05/11/2000.
CUSTOMS IS DIRECTED TO LIQUIDATE THESE ENTRIES AT THE RATE
REQUIRED AT THE TIME OF ENTRY.

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 PAY INTEREST ON OVERPAYMENTS AND ASSESS INTEREST ON
UNDERPAYMENTS 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 ORDER. INTEREST
SHALL BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATED
ANTIDUMPING DUTIES IS REQUIRED 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. ADDITIONALLY, THIS EMAIL SERVES AS A REMINDER THAT THE CASE
NUMBERS A-821-805 AND A-462-105 ARE IDENTICAL FOR PURPOSES OF
CUSTOMS EMAILS AND UPDATES TO THE CUSTOMS MODULE. CASE NUMBER A-
821-805 IS THE DESIGNATION USED BY THE DEPARTMENT OF COMMERCE FOR
THE ANTIDUMPING DUTY PROCEEDING ON PURE MAGNESIUM FROM THE
RUSSIAN FEDERATION. CASE NUMBER A-462-105 IS THE DESIGNATION
USED BY CUSTOMS TO TRACK CUSTOMS EMAIL INSTRUCTIONS AND UPDATES
IN THE CUSTOMS MODULE FOR PURE MAGNESIUM FROM THE RUSSIAN
FEDERATION.

8. 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 MARTHA DOUTHIT AT 202-482-5050, OFFICE OF POLICY,
CONCERNING THE REVOCATION OF THE ORDER OR BRIAN LEDGERWOOD OFFICE
OF AD/CVD ENFORCEMENT 2, AT 202-482-3836 CONCERNING OTHER ASPECTS
OF THE ORDER, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.


PAUL SCHWARTZ