MESSAGE NO: 1197206 DATE: 07 16 2001
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 560 - 805 C - 560 - 806
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PERIOD COVERED: 01 01 2000 TO 01 31 2001

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR CERTAIN CUT-TO-LENGTH
CARBON-QUALITY STEEL PLATE PRODUCTS FROM INDONESIA
(A-560-805 AND C-560-806)

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

1. ON JUNE 25, 2001, THE DEPARTMENT OF COMMERCE PUBLISHED A
NOTICE OF RESCISSION OF THE ANTIDUMPING (A-560-805) AND
COUNTERVAILING DUTY (C-560-806) NEW SHIPPER REVIEWS OF CERTAIN
CUT-TO-LENGTH CARBON-QUALITY STEEL PLATE PRODUCTS FROM INDONESIA
WITH RESPECT TO THE INDONESIAN COMPANY PT. GUNUNG RAJA PAKSI.
ACCORDINGLY, IMPORTERS NO LONGER HAVE THE OPTION OF POSTING A
BOND IN LIEU OF A CASH DEPOSIT FOR ENTRIES OF CERTAIN
CUT-TO-LENGTH CARBON-QUALITY STEEL PLATE PRODUCTS FROM INDONESIA
MADE BY PT GUNUNG RAJA PAKSI.

CASH DEPOSITS ARE REQUIRED FOR ALL ENTRIES OF THIS MERCHANDISE.

2. FURTHERMORE, FOR ALL SHIPMENTS OF CERTAIN CUT-TO-LENGTH
CARBON-QUALITY STEEL PLATE PRODUCTS FROM INDONESIA MADE BY PT.
GUNUNG RAJA PAKSI (A-560-805-003), IMPORTED BY ANY IMPORTER,
ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE
PERIOD 02/01/00-01/31/01, ASSESS AN ANTIDUMPING LIABILITY BASED
ON THE RATE IN EFFECT AT THE TIME OF ENTRY.

3. IN ADDITION, FOR ALL SHIPMENTS OF CERTAIN CUT-TO-LENGTH
CARBON-QUALITY STEEL PLATE PRODUCTS FROM INDONESIA MADE BY PT.
GUNUNG RAJA PAKSI (C-560-806-004), IMPORTED BY ANY IMPORTER,
ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE
PERIOD 01/01/00-12/31/00, ASSESS A COUNTERVAILING DUTY LIABILITY
BASED ON THE RATE IN EFFECT AT THE TIME OF ENTRY.

4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE MERCHANDISE
AND PERIOD LISTED ABOVE.

YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.

5. THE ASSESSMENT OF ANTIDUMPING AND COUNTERVAILING DUTIES BY
THE CUSTOMS SERVICE ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO
THE PROVISIONS OFSECTION 778 OF THE TARIFF ACT OF 1930. SECTION
778 REQUIRES THAT CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR
ASSESS INTEREST ON UNDERPAYMENTS, OF THE REQUIRED AMOUNTS
DEPOSITED AS ESTIMATED ANTIDUMPING AND COUNTERVAILING DUTIES.

THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS
POSTED AS ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES BEFORE
THE DATE OF PUBLICATION OF THE ANTIDUMPING OR COUNTERVAILING DUTY
ORDER, RESPECTIVELY.

INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATED
ANTIDUMPING AND COUNTERVAILING DUTIES ARE 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 OF THE COMMERCE DEPARTMENT
REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER
HAS BEEN REIMBURSED ANTIDUMPING OR COUNTERVAILING DUTIES, CUSTOMS
SHOULD DOUBLE THE ANTIDUMPING OR COUNTERVAILING DUTIES IN
ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION.

ADDITIONALLY, IF THE IMPORTER FAILS TO 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 OR COUNTERVAILING 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 LIAISON, USING THE
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT BARBARA WOJCIK-BETANCOURT OF
THE OFFICE OF AD/CVD ENFORCEMENT GROUP I, OFFICE II, IMPORT
ADMINISTRATION, DEPARTMENT OF COMMERCE AT (202) 482-0629
(ANTIDUMPING DUTY ORDER), OR TIPTEN TROIDL, OF THE
OFFICE OF AD/CVD ENFORCEMENT GROUP II, OFICE VI, IMPORT
ADMINISTRATION, DEPARTMENT OF COMMERCE AT 202-482-1767
(COUNTERVAILING DUTY ORDER).

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


PAUL SCHWARTZ


NOTE: THIS MESSAGE WAS INADVERTENTLY REMOVED FROM ADIL SO HAS
BEEN REPOSTED TO ADIL ON JAUNARY 5, 2010. THE HEADER INFORMATION
DID NOT INCLUDE CASE A-560-805 WHICH IS ADDRESSED IN THIS
MESSAGE, SO THE CASE HAS BEEN ADDED TO THIS RE-POSTING. THE
ORIGINAL MESSAGE WAS SENT TO DIRECTORS OF FIELD OPERATIONS, PORT
DIRECTORS, NOT DIRECTORS, FIELD OPERATIONS AND PORT DIRECTORS.
DIRECTOR, TRADE ENFORCEMENT & CONTROL IS NOW SHOWN AS DIRECTOR,
SPECIAL ENFORCEMENT. THE BALANCE OF THE TEXT AND
INFORMATION REMAINS UNCHANGED AND MATCHES THE MESSAGE THAT
STILL APPEARS ON THE ADD/CVD SEARCH APPLICATION ON CBP.GOV.