AD/CVD message 0309303 - LIQ. INSTRS. FOR STAINLESS STEEL PLATE IN COILS FROM BELGIUM PRODUCED &/OR EXPORTED BY UGINE & ALZ BELGIUM, N.V., (09/04/98 - 12/31/99) BASED ON COURT MANDATE, CT.2008-1213 (C-423-809-001)

0309303
Nov 05, 2010
Active

Effective Date: Nov 05, 2010

Period Covered: 09/04/1998 to 12/31/1999

Period of Review: Sep 04, 1998 to Dec 31, 1999

Notice of Lifting of Suspension Date: Nov 05, 2010

Category: Countervailing • Type: Liquidation Instructions • Sub type: CTDIS-Court ORD Dissolved • Reference messages: 5189204 6243201 9028207 0267305 • Cases: C-423-809 • Court Case: 08-00434

THESE INSTRUCTIONS PROVIDE NOTICE OF LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR STAINLESS STEEL PLATE IN COILS FROM BELGIUM PRODUCED &/OR EXPORTED BY UGINE & ALZ BELGIUM, N.V.

1. ON 12/18/2007, THE U.S. COURT OF INTERNATIONAL TRADE (CIT) ISSUED A FINAL JUDGMENT AND ORDER IN THE CASE OF UGINE & ALZ BELGIUM, N.V. V. UNITED STATES AND ALLEGHENY LUDLUM CORPORATION, AK STEEL CORPORATION, UNITED AUTO WORKERS LOCAL 3303, UNITED STEELWORKERS OF AMERICA, AFL-CIO/CLC, AND ZANESVILLE ARMCO INDEPENDENT ORGANIZATION (COURT NO. 05-00444). AS A RESULT OF THIS DECISION, THE INJUNCTIONS TO WHICH MESSAGE 6243201 REFER ENJOINING LIQUIDATION OF ENTRIES WHICH ARE SUBJECT TO THE COUNTERVAILING DUTY ORDER ON STAINLESS STEEL PLATE IN COILS (SSPC) FROM BELGIUM FOR THE PERIOD ON OR AFTER 09/04/1998 AND ON OR BEFORE 12/31/1999 PRODUCED AND/OR EXPORTED BY UGINE & ALZ BELGIUM, N.V. DISSOLVED ON 04/24/2009.

2. ON 01/07/2009, THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT (FEDERAL CIRCUIT) IN CASE NUMBER 2008-1213 AFFIRMED THE FINAL JUDGMENT OF THE CIT CASE WITH COURT NO. 05-00444. THE FEDERAL CIRCUIT ISSUED ITS FINAL MANDATE IN CASE NUMBER 2008-1213 ON 04/24/2009.

3. THEREFORE, U.S. CUSTOMS AND BORDER PROTECTION (CBP) MAY NOW IMPLEMENT THE INSTRUCTIONS IN MESSAGE 5189204 DATED 07/08/2005. SPECIFICALLY CBP IS DIRECTED TO LIQUIDATE SUBJECT MERCHANDISE AS DESCRIBED IN PARAGRAPH 6 OF MESSAGE 5189204 WITH NO CHANGES. PARAGRAPH 6 OF MESSAGE 5189204 DATED 07/08/2005 STATES AS FOLLOWS:

ACCORDINGLY, YOU ARE NOW INSTRUCTED TO ASSESS COUNTERVAILING DUTIES FOR ALZ N.V. (C-423-809-001) OF 1.36 PERCENT OF THE ENTERED VALUE ON ALL SHIPMENTS OF THIS MERCHANDISE, ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 09/04/1998 AND ON OR BEFORE 12/31/1998, AND 0.97 PERCENT OF THE ENTERED VALUE ON ALL SHIPMENTS OF THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON 01/01/1999 AND ON OR AFTER 05/11/1999 AND ON OR BEFORE 12/31/1999. SHIPMENTS OF THE MERCHANDISE ENTERED, OR WITHDRAWN, FROM WAREHOUSE ON OR AFTER 01/02/1999 (120 DAYS AFTER PRELIM) AND ON OR BEFORE 05/10/1999 (END OF 120 DAY TERMINATION OF SUSPENSION) SHOULD BE LIQUIDATED WITHOUT REGARD TO COUNTERVAILING DUTIES. SEE MESSAGE NUMBER 4166204 DATED 06/14/2004.

4. BASED ON THE COURT'S MANDATE, PARAGRAPH 7 OF MESSAGE 5189204 DATED 07/08/2005 HAS BEEN CHANGED. PARAGRAPH 7 OF MESSAGE 5189204 CURRENTLY READS AS FOLLOWS:

ENTRIES OF SSPC HOT ROLLED IN GERMANY AND NOT FURTHER COLDROLLED IN BELGIUM SHOULD BE LIQUIDATED AT THE COUNTERVAILING
DUTY RATE SPECIFIED IN THESE CBP INSTRUCTIONS.

5. INSTEAD PARAGRAPH NUMBER 7 IN MESSAGE 5189204 SHOULD READ AS FOLLOWS:

ENTRIES OF SSPC HOT ROLLED IN GERMANY AND NOT FURTHER COLD ROLLED IN BELGIUM ARE NOT SUBJECT TO THE COUNTERVAILING DUTY ORDER ON SSPC FROM BELGIUM. THEREFORE, ALL UNLIQUIDATED ENTRIES OF SSPC HOT ROLLED IN GERMANY AND NOT FURTHER COLD ROLLED IN BELGIUM SHOULD BE LIQUIDATED WITHOUT REGARD TO COUNTERVAILING DUTIES (I.E., RELEASE ALL BONDS AND REFUND ALL CASH DEPOSITS).

6. THE INJUNCTION WITH COURT NUMBER 08-00434, REFERENCED IN MESSAGE NUMBERS 9028207 AND 0267305 DATED 01/28/2009 AND 09/24/2010 RESPECTIVELY, IS APPLICABLE TO THE ENTRIES PRODUCED AND EXPORTED BY UGINE & ALZ BELGIUM N.V., ITS PREDECESSOR-IN-INTEREST, ALZ N.V., AND/OR ITS SUCCESSOR-IN-INTEREST, ARCELORMITTAL STAINLESS BELGIUM N.V. ACCORDINGLY, UNTIL FURTHER NOTICE, CONTINUE TO SUSPEND LIQUIDATION OF THESE ENTRIES UNTIL LIQUIDATION INSTRUCTIONS ARE PROVIDED.

PLEASE NOTE, HOWEVER, THAT ALTHOUGH THE INJUNCTION WITH COURT NUMBER 08-00434 IS STILL IN EFFECT, IT IS NOT APPLICABLE TO ENTRIES OF SSPC HOT ROLLED IN GERMANY AND NOT FURTHER COLD ROLLED IN BELGIUM PRODUCED AND EXPORTED BY UGINE & ALZ BELGIUM, N.V. (SEE PARAGRPAH 5 ABOVE).

7. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF SSPC FROM BELGIUM ENTERED ON OR AFTER 09/04/1998 AND ON OR BEFORE 12/31/1999. FOR ALL OTHER SHIPMENTS OF SSPC FROM BELGIUM ENTERED AFTER 12/31/1999, YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.

8. THE ASSESSMENT OF COUNTERVAILING DUTIES BY CBP ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAY INTEREST ON OVERPAYMENTS, AND ASSESS INTEREST ON UNDERPAYMENTS, 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 PAYMENT OF ESTIMATED COUNTERVAILING 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.

9. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O1:DL).

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

MICHAEL B. WALSH