1.
THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON STAINLESS STEEL PLATE IN COILS FROM BELGIUM (A-423-808), COVERING THE PERIOD 05/01/2009 THROUGH 04/30/2010, HAS BEEN RESCINDED FOR THE FIRM LISTED BELOW.
YOU ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 05/01/2009 THROUGH 04/30/2010 AT THE CASH DEPOSIT OR BONDING RATE REQUIRED AT THE TIME OF ENTRY.
LIQUIDATE ALL ENTRIES FOR THE FOLLOWING FIRM EXCEPT FOR ENTRIES IDENTIFIED IN PARAGRAPH 3 BELOW:
COMPANY: ARCELORMITTAL STAINLESS BELGIUM N.V. (AMS BELGIUM)
(AMS BELGIUM IS FORMERLY KNOWN AS UGINE & ALZ BELGIUM, N.V. (A-423-808-001))
CASE NUMBER: A-423-808-002
2.
NOTICE OF LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 05/01/2009 THROUGH 04/30/2010 OCCURRED WITH PUBLICATION OF THE NOTICE OF RECISSION OF ADMINISTRATIVE REVIEW (75 FR 64709) ON 10/20/2010.
FOR ALL OTHER SHIPMENTS OF STAINLESS STEEL PLATE IN COILS FROM BELGIUM YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.
3.
THE INJUNCTION WITH COURT NUMBER 08-00434, IN MESSAGE NUMBER 9028207, DATED 1/28/2009, AS MODIFIED IN MESSAGE NUMBER 0267305, DATED 9/24/2010, 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 ENTRIES THAT ARE SUBJECT TO THE MODIFIED INJUNCTION, MESSAGE NUMBER 0267305 REFERENCED ABOVE, UNTIL LIQUIDATION INSTRUCTIONS ARE PROVIDED.
4.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY U.S. CUSTOMS AND BORDER PROTECTION (CBP) 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 CBP PAY INTEREST ON OVERPAYMENTS, OR 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.
5.
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 351.402(F)(2) OF COMMERCE'S 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 MANUFACTURER, PRODUCER, SELLER, OR EXPORTER, TO BE REIMBURSED ANTIDUMPING DUTIES AND/OR COUNTERVAILING DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING AND/OR INCREASE THE ANTIDUMPING DUTY BY THE AMOUNT OF THE COUNTERVAILING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER DOES NOT PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING AND/OR INCREASE THE ANTIDUMPING DUTY BY THE AMOUNT OF THE COUNTERVAILING DUTIES.
6.
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 THE OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O3:GM).
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
MICHAEL B. WALSH