- Period Covered: 03/01/2000 to 02/28/2001
MESSAGE NO: 1136204
DATE: 05 16 2001
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 122 - 503
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PERIOD COVERED:
03 01 2000
TO
02 28 2001
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: LIQUIDATION INSTRUCTIONS FOR IRON CONSTRUCTION CASTINGS
FROM CANADA (A-122-503)
1.
THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY CONDUCTS
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY FINDINGS/ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION
351.213(b) OF THE COMMERCE REGULATIONS.
2.
THE DEPARTMENT OF COMMERCE HAS
NOT RECEIVED A REQUEST FOR
AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY FINDING/ORDER
FOR THE PERIODS AND ON THE MERCHANDISE LISTED BELOW, EXCEPT FOR
THE FIRMS NOTED.
THEREFORE, IN ACCORDANCE WITH SECTION
351.212(c)OF THE COMMERCE DEPARTMENT REGULATIONS, YOU ARE TO
ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT OR BONDING
RATEIN EFFECT ON THE DATE OF ENTRY SUMMARY.
IRON CONSTRUCTION CASTINGS FROM CANADA
PERIOD
A-122-503
03/01/2000-02/28/2001
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
CANADA PIPE COMPANY, LTD.
3.
ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF THE ADMINISTRATIVE 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THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR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 CONSTITUTES 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 AT THE 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 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 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 IS 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 LIQUIDATIONS, CUSTOMS SHOULD PRESUME
REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.
7.
IF
THERE
ARE
ANY QUESTIONS REGARDING THIS MATTER BY
CUSTOMS OFFICERS PLEASE CONTACT VIA E-MAIL, THROUGH THE
APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY
LIAISONS, USING
ATTRIBUTE "HQ OAB."
THE IMPORTING PUBLIC AND
INTERESTED PARTIES SHOULD CONTACT HOWARD SMITH ON (202) 482-5193,
AD/CVD ENFORCEMENT,IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATON.
PAUL SCHWARTZ