MESSAGE NO: 2164111 DATE: 06 12 1992
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 508 - 604 - -
- - - -
- - - -

PERIOD COVERED: 08 01 1989 TO 07 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 INDUSTRIAL PHOSPHORIC ACID
FROM ISRAEL - HAIFA CHEMICALS AND NEGEV PHOSPHATES, LTD.
PARTIAL REVOCATION -NEGEV PHOSPHATES, LTD.


1. FOR ALL SHIPMENTS OF INDUSTRIAL PHOSPHORIC ACID FROM ISRAEL
MANUFACTURED BY HAIFA CHEMICALS (A-508-604-002), WHICH WERE
ENTERED DURING THE PERIOD AUGUST 1, 1989 THROUGH JULY 31,
1990, ANTIDUMPING DUTIES SHOULD BE ASSESSED AT THE RATE OF
6.82 PERCENT AD VALOREM.

2. ALL SHIPMENTS OF INDUSTRIAL PHOSPHORIC ACID MANUFACTURED BY
NEGEV PHOSPHATES, LTD. (A-508-604-001), WHICH WERE ENTERED
DURING THE PERIOD AUGUST 1, 1989 THROUGH JULY 31, 1990,
SHOULD BE LIQUIDATED WITHOUT REGARD TO DUMPING DUTIES. YOU
MAY APPRAISE THESE SHIPMENTS AND LIQUIDATE THE APPLICABLE
ENTRIES BY STAMPING EACH INVOICE WITH THE WORDING "NO DUMPING
DUTIES DUE".

3. ON MARCH 23, 1992 THE DEPARTMENT OF COMMERCE REVOKED THE
ANTIDUMPING DUTY ORDER WITH RESPECT TO NEGEV PHOSPHATES, LTD
(57 FR 10008). THIS PARTIAL REVOCATION APPLIES TO ALL
UNLIQUIDATED ENTRIES OF THIS MERCHANDISE PRODUCED BY NEGEV
AND EXPORTED TO THE UNITED STATES ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION, ON OR AFTER AUGUST 1, 1990.
THEREFORE, ALL SHIPMENTS OF INDUSTRIAL PHOSPHORIC ACID
MANUFACTURED BY NEGEV WHICH ENTERED, OR WERE WITHDRAWN FROM
WAREHOUSE, AFTER JULY 31, 1990 SHOULD BE LIQUIDATED WITHOUT
REGARD TO DUMPING DUTIES. SUSPENSION OF LIQUIDATION FOR ALL
FUTURE SHIPMENTS OF INDUSTRIAL PHOSPHORIC ACID MANUFACTURED
BY NEGEV PHOSPHATES LTD. IS LIFTED.


4. IN ACCORDANCE WITH C.I.E. N-15/18 DATED APRIL 21, 1988,
REPORT TO CUSTOMS SERVICE HEADQUARTERS ANY DUMPING DUTIES
DUE. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS
SERVICE IS SUBJECT TO THE PROVISION OF SECTION 778 OF THE
TARIFF ACT, WHICH REQUIRES INTEREST ON OVERPAYMENTS OR
UNDERPAYMENTS OF THE AMOUNTS DEPOSITED AS ESTIMATED DUMPING
DUTIES. 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. INTEREST SHALL BE CALCULATED
FROM THE DATE OF PAYMENT OF ESTIMATED DUTIES THROUGH THE DATE
OF LIQIDATION.

5. IMMEDIATELY, FORWARD TO CUSTOMS SERVICE HEADQUARTERS ANY
INFORMATION ON FILE WHICH MIGHT AFFECT THE APPRAISED VALUES
UNDER THE ANTIDUMPING PROVISIONS, WITH AN EXPLANTION OF THE
CIRCUMSTANCES UNDER WHICH IT WAS RECEIVED. IN SUCH A CASE,
SUSPEND LIQUIDATION OF AFFECTED ENTRIES UNTIL A DECISION IS
MADE CONCERNING THE APPLICABILITY OF THE ADDITIONAL
INFORMATION.

6. WHENEVER THE USE OF THESE INSTRUCTIONS RESULTS IN THE
ASSESSMENT OF ANTIDUMPING DUTIES, REQUIRE OF THE IMPORTER,
PRIOR TO LIQUIDATION, THE REIMBURSEMENT STATEMENT DESCRIBED
IN SECTION 353.26 OF THE COMMERCE DEPARTMENT REQULATIONS.
IMPORTERS WERE ADVISED OF THE REQUIREMENT WHEN THE FINAL
RESULTS OF THE ADMINISTRATIVE REVIEW WERE PUBLISHED IN THE
FEDERAL REGISTER. COMMERCE HAS AUTHORIZED CUSTOMS TO DOUBLE
THE ANTIDUMPING DUTIES IF THE IMPORTER FAILS TO PROVIDE THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION.

7. YOU MAY RELEASE APPRAISED VALUES TO THE INDIVIDUAL IMPORTER
CONCERNED OR HIS AUTHORIZED REPRESENTATIVE. YOU MAY NOT
RELEASE ANY DETAILS OF THE CALCULATIONS OF APPRAISED VALUES
WITHOUT AUTHORIZATION OF CUSTOMS SERVICE HEADQUARTERS.

8. EFFECTIVE AS OF THE DATE OF ISSUANCE OF THIS MASTER LIST, YOU
SHOULD NO LONGER SUSPEND LIQUIDATION OF ENTRIES COVERED BY
THIS MASTER LIST AND YOU SHOULD PROCEED WITH LIQUIDATION
ACCORDINGLY.

9. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE IMPORT SPECIALIST DIVISION, OTHER
AGENCY BRANCH VIA EMAIL ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC
AND OTHER INTERESTED PARTIES SHOULD CONTACT THE IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINSITRATION, DEPARTMENT OF
COMMERCE (202) 377-2786.

NANCY MACTIERNAN