MESSAGE NO: 2115202 DATE: 04 25 2002
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 455 - 802 A - 470 - 803
A - 401 - 805 A - 412 - 814
- - - -

PERIOD COVERED: 08 01 1999 TO 07 31 2000

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NON-REVIEW LIQUIDATION INSTRUCTIONS FOR CTL CS PLATE
FROM POLAND (A-455-802); SPAIN (A-470-803); SWEDEN
(A-401-805); UNITED KINGDOM (A-412-814)

1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY ORDERS. INSTEAD,
REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION
351.213 OF THE COMMERCE DEPARTMENT REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR
AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDERS ON
CUT-TO-LENGTH CARBON STEEL PLATE FOR THE COUNTRIES AND PERIOD
LISTED BELOW. 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ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM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 RATE
IN EFFECT ON THE DATE OF ENTRY SUMMARY.

COUNTRY CASE NUMBER PERIOD


POLAND A-455-802 08/01/1999-07/31/2000
LIQUIDATE ALL ENTRIES FOR ALL FIRMS

SPAIN A-469-803 08/01/1999-07/31/2000
LIQUIDATE ALL ENTRIES FOR ALL FIRMS

SWEDEN A-401-805 08/01/1999-07/31/2000
LIQUIDATE ALL ENTRIES FOR ALL FIRMS

UNITED KINGDOM A-412-814 08/01/1999-07/31/2000
LIQUIDATE ALL ENTRIES FOR ALL FIRMS

3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS
OF ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES OF THE
SUBJECT MERCHANDISE AT THE CURRENT RATES.

4. 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 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 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.

5. 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 HAS BEEN REIMBURSED ANTIDUMPING DUTIES,
CUSTOMS SHOULD DOUBLE THE ANTIDUMPING 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 DUTIES DUE.

6. 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 SEAN CAREY AT 202-482-3964, AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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


PAUL SCHWARZ

NOTE: THIS MESSAGE WAS INADVERTENTLY REMOVED FROM ADIL SO HAS
BEEN REPOSTED TO ADIL ON DECEMBER 15, 2009. THE ORIGINAL MESSAGE

ALSO INCLUDED THE ANTIDUMPING DUTY CASE NUMBER USED BY
THE DEPARTMENT OF COMMERCE DURING THE INITIATION PHASE
(A-469-803), AS OPPOSED TO THE CASE NUMBER BEING USED BY CBP FOR
THE ORDER (A-470-803). 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.