MESSAGE NO: 2123203 DATE: 05 03 2002
CATEGORY: ADA TYPE: LIQ
REFERENCE: 2134201 REFERENCE DATE: 05 14 2002
CASES: A - 580 - 815 - -
- - - -
- - - -

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 STEEL PRODUCTS
FROM KOREA (A-580-815; A-580-107 IS NOT A VALID CASE).
SEE MESSAGE 2134201 FOR LIQUIDATION INSTRUCTIONS.

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

2. THE DEPARTMENT OF COMMERCE HAS RECEIVED COMPANY-SPECIFIC
REQUESTS FOR AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY
ORDER FOR COLD-ROLLED CARBON STEEL FLAT PRODUCTS FROM THE
REPUBLIC OF KOREA FOR THE PERIOD LISTED BELOW. THEREFORE, IN
ACCORDANCE WITH SECTION 351.212(c) OF THE COMMERCE DEPARTMENT
REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON ALL
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON
THE DATE OF ENTRY TO WHICH THE FOLLOWING INFORMATION APPLIES:

COLD-ROLLED CARBON STEEL FLAT PRODUCTS FROM THE REPUBLIC OF
KOREA

COMMERCE CASE NUMBER CUSTOMS CASE NUMBER PERIOD

A-580-815 A-580-107 08/01/1999-07/31/2000

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

DONGBU STEEL CO.LTD.
POHANG IRON AND STEEL CO. LTD.
UNION STEEL MANUFACTURING CO. LTD.

3. ENTRIES OF MERCHANDISE OF THE EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF THE ADMINISTRATIVE REVIEW. THE EXCEPTED FIRMS
CAN BE MANUFACTURERS/PRODUCERS, EXPORTERS, OR A COMBINATIONS OF
MANUFACTURERS/PRODUCERS/EXPORTERS. THEREFORE, CUSTOMS
OFFICIALS SHOULD ENSURE THAT NO ENTRIES FOR WHICH THE EXCEPTED
FIRMS IDENTIFIED IN PARAGRAPH 2 ARE A PARTY (AS SHOWN ON THE
COMMERCIAL INVOICE OR CUSTOMS DOCUMENTATION) ARE LIQUIDATED
THROUGH THE USE OF THESE INSTRUCTIONS.

4. 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.

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 AS
DESCRIBED IN SECTION 351.402(f) OF THE COMMERCE DEPARTMENT
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 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 LIQUIDATION, 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 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.

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 DECEMBER 16, 2009. THE ORIGINAL
MESSAGE LISTED TWO CASES AS RELEVANT; HOWEVER THE DEPARTMENT OF
COMMERCE CONFIRMED THAT A-580-107 IS NOT A VALID CASE NUMBER.
MESSAGE # 2134201, DATED 05/14/02, WAS A CORRECTION TO
MESSAGE # 2123203, SO THE CORRECT REFERENCE FOR ACTION IS
MESSAGE # 2134201. FURTHER, THE CASE WAS REVOKED AS OF DECEMBER
31, 1999, SO NO ENTRIES WITH THIS CASE NUMBER SHOULD HAVE BEEN
BROUGHT IN AFTER THAT DATE (SEE MESSAGE # 1038201). 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.