MESSAGE NO: 2155119
DATE: 06 03 1992
CATEGORY: CVD
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
C - 549 - 701
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PERIOD COVERED:
07 21 1987
TO
12 31 1990
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, IMPORT SPECIALIST DIVISION
RE: LIQUIDATION INSTRUCTIONS FOR STEEL WIRE NAILS FROM
THAILAND
1.
THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER
OF
APRIL
1,
1992
(57
FR 11065) THE FINAL RESULTS OF
ITS
ADMINISTRATIVE REVIEW
OF
THE COUNTERVAILING DUTY
ORDER
ON
STEEL WIRE NAILS FROM THAILAND FOR THE PERIOD JANUARY 1, 1989
THROUGH
DECEMBER
31,
1989.
THESE LIQUIDATION INSTRUCTIONS
COVER
ALL ENTRIES OF
STEEL
WIRE
NAILS
FROM THAILAND UPON
WHICH LIQUIDATION HAS BEEN SUSPENDED FROM
THE
DATE
OF
THE
PRELIMINARY DETERMINATION, JULY
21,
1987,
THROUGH DECEMBER
31, 1990.
2.
THE
MERCHANDISE
COVERED
BY
THE
ORIGINAL
SUSPENSION
OF
LIQUIDATION
AND
BY
THESE INSTRUCTIONS
ARE
SHIPMENTS
OF:
ONE-PIECE STEEL NAILS
MADE
OF
ROUND WIRE, PROVIDED FOR
IN
TARIFF SCHEDULES OF
THE UNITED STATES ANNOTATED (TSUSA) ITEM
NUMBERS 646.2500, 646.2610-90, AND
646.3040; TWO-PIECE STEEL
WIRE NAILS AS PROVIDED FOR IN ITEM NUMBER 646.3200; AND NAILS
WITH
STEEL
WIRE SHANKS AND
LEAD HEADS, AS PROVIDED FOR
IN
ITEM
NUMBER
646.3600.
THESE
PRODUCTS
ARE
CURRENTLY
CLASSIFIABLE UNDER
HARMONIZED
TARIFF
SCHEDULE
(HTS)
ITEM
NUMBERS 7317.00.55, 7317.00.65, 7317.00.75 AND 7616.10.10.
3.
AS A RESULT OF ITS REVIEW, THE DEPARTMENT CLARIFIED THE SCOPE
OF,
AND
RESCINDED
A
PORTION
OF,
THE COUNTERVAILING DUTY
ORDER.
THE
DEPARTMENT
CLARIFIED
THE
SCOPE
OF
THE
COUNTERVAILING DUTY ORDER
TO EXCLUDE ALUMINUM NAILS IMPORTED
UNDER
HTS
ITEM NUMBER 7616.10.10.
THE DEPARTMENT RESCINDED
THAT PORTION OF
THE COUNTERVAILING DUTY ORDER COVERING STEEL
WIRE
NAILS
FALLING
UNDER
THE DUTY-FREE PROVISIONS OF
THE
GENERALIZED SYSTEM
OF
PREFERENCES (GSP).
SUCH MERCHANDISE
WAS
PREVIOUSLY
PROVIDED
FOR
UNDER
TSUSA
ITEM
NUMBERS
646.3040, 646.3040, 646.3200
AND 646.3600, AND
IS CURRENTLY
PROVIDED
FOR
UNDER
HTS
ITEM
NUMBERS
7317.00.65
AND
7317.00.75.
4.
ACCORDINGLY, YOU
ARE INSTRUCTED TO LIQUIDATE, WITHOUT REGARD
TO COUNTERVAILING DUTIES,
ALL SHIPMENTS OF
THAT MERCHANDISE
DESCRIBED IN PARAGRAPH 3 WHICH IS
NO LONGER INCLUDED IN
THE
SCOPE
OF
THE COUNTERVAILING DUTY ORDER, WHICH WERE ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JULY
21,
1987.
THE
SUSPENSION
OF
LIQUIDATION
ORDERED
FOR
SHIPMENTS
OF
THE
EXCLUDED
AND
RESCINDED
MERCHANDISE
IS
LIFTED, AND IS HEREBY TERMINATED.
5.
THE MERCHANDISE NOW COVERED BY
THE COUNTERVAILING DUTY ORDER
IS:
ONE-PIECE WIRE
NAILS
MADE
OF
ROUND
WIRE, PREVIOUSLY
PROVIDED
FOR
UNDER
TSUSA
ITEM
NUMBERS
646.2500
AND
646.2610-90.
THESE PRODUCTS ARE CURRENTLY CLASSIFIABLE UNDER
HTS ITEM NUMBER 7317.00.55.
6.
WITH RESPECT TO THE MERCHANDISE SUBJECT OF THE ADMINISTRATIVE
REVIEW AND OF THE CURRENT COUNTERVAILING DUTY ORDER, EXPORTED
ON
OR AFTER JANUARY 1, 1989
AND
ON
OR BEFORE DECEMBER 31,
1989, YOU
ARE INSTRUCTED TO LIQUIDATE ENTRIES WITHOUT REGARD
TO COUNTERVAILING DUTIES, AS FOLLOWS:
COMPANY
ID NUMBER
PERIOD
AD VALOREM RATE
ALL FIRMS
C-549-701-000
1/1/89-12/31/89
0.00 PERCENT
7.
FOR
THOSE PERIODS FOR
WHICH
NO
REVIEWS WERE REQUESTED, IN
ACCORDANCE
WITH
SECTION
355.22(G)
OF
THE
COMMERCE
REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES AT RATES
EQUAL
TO
THE
CASH
DEPOSIT
OF,
OR
BOND
FOR,
ESTIMATED
COUNTERVAILING DUTIES REQUIRED AT
THE TIME OF ENTRY FOR
THE
FOLLOWING PERIODS.
FOR MERCHANDISE ENTERED,
OR
WITHDRAWN
FROM WAREHOUSE,
FOR
CONSUMPTION ON
OR
AFTER JULY
21, 1987, AND EXPORTED ON
OR
BEFORE DECEMBER 31, 1988, AND FOR MERCHANDISE EXPORTED ON
OR
AFTER JANUARY 1, 1990 AND ON OR BEFORE DECEMBER 31, 1990:
COMPANY
ID NUMBER
PERIOD
AD VALOREM
ALL FIRMS
C-549-701-000
7/21/87-10/1/87
1.10 PERCENT
ALL FIRMS
C-549-701-000
10/2/87-12/31/88
1.00 PERCENT
ALL FIRMS
C-549-701-000
1/1/90-12/31/90
1.00 PERCENT
8.
THE SUSPENSION OF LIQUIDATION ORDERED
FOR SHIPMENTS
OF
THE
COVERED MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON
OR AFTER JULY
21,
1987
AND EXPORTED ON
OR
BEFORE
DECEMBER
31,
1990
IS
LIFTED.
THE SUSPENSION
OF
LIQUIDATION FOR
ALL SHIPMENTS
OF
THE
COVERED MERCHANDISE,
EXPORTED ON
OR AFTER JANUARY 1, 1991 WILL CONTINUE.
YOU ARE
INSTRUCTED TO WAIVE COLLECTION OF
CASH DEPOSITS OF ESTIMATED
COUNTERVAILING DUTIES.
9.
THE PROVISIONS OF SECTION 778 OF
THE TARIFF ACT REQUIRE THAT
INTEREST BE PAID
ON OVERPAYMENTS OR UNDERPAYMENTS OF AMOUNTS
DEPOSITED AS ESTIMATED COUNTERVAILING DUTIES.
SUCH INTEREST
IS PAYABLE AT
THE RATE IN EFFECT UNDER SECTION 6621
OF
THE
INTERNAL REVENUE CODE OF 1954 FOR
SUCH PERIOD.
THE INTEREST
SHALL BE CALCULATED AT THAT RATE FROM THE DATE
OF PAYMENT OF
ESTIMATED DUTIES THROUGH THE DATE OF LIQUIDATION.
10. ENTRIES BETWEEN THE
DATES
OF
THE PRELIMINARY DETERMINATION
AND PUBLICATION
OF
THE COUNTERVAILING DUTY
ORDER
ARE
NOT
SUBJECT
TO
THE
INTEREST
PROVISIONS
OF
SECTION
778.
THEREFORE, NO INTEREST SHOULD BE COLLECTED OR PAID ON ENTRIES
OR WITHDRAWALS MADE ON
OR AFTER JULY
21,
1987
AND
ON
OR
BEFORE OCTOBER 1, 1987.
11. CUSTOMS OFFICERS SHALL COLLECT
A
CASH DEPOSIT
OF ESTIMATED
COUNTERVAILING
DUTIES
IN
ACCORDANCE
WITH
OUR
PREVIOUS
INSTRUCTIONS ISSUED IN E-MAIL 2098114 OF APRIL 7,
1992. THIS
DEPOSIT REQUIREMENT WILL REMAIN
IN
EFFECT UNTIL PUBLICATION
OF THE FINAL RESULTS OF THE NEXT ADMINISTRATIVE REVIEW OF THE
COUNTERVAILING DUTY ORDER ON THIS MERCHANDISE.
12. IF
THERE ARE
ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS,
PLEASE
CONTACT
THE
IMPORT
SPECIALIST DIVISION,
OTHER AGENCY BRANCH, FTS-566-8651, OR
BY E-MAIL TO ATTRIBUTE
"HQ OAB."
THE IMPORTING PUBLIC AND
OTHER INTERESTED PARTIES
SHOULD
CONTACT
THE
OFFICE
OF
COUNTERVAILING
COMPLIANCE,
IMPORT
ADMINISTRATION, INTERNATIONAL
TRADE
ADMINISTRATION,
DEPARTMENT OF COMMERCE (202) 377-2786.
13. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN