MESSAGE NO: 2196111
DATE: 07 14 1992
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 122 - 057
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PERIOD COVERED:
01 01 1989
TO
08 31 1989
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, IMPORT SPECIALIST DIVISION
RE: LIQUIDATION INSTRUCTIONS FOR REPLACEMENT PARTS FOR
SELF-PROPELLED BITUMINOUS PAVING EQUIPMENT FROM
CANADA
1.
THESE INSTRUCTIONS MODIFY CIE:
N-58\
76 SUPPL: #25
DATED
MARCH 4, 1992.
2.
SHOWN
ON
LIST
A
ARE
THE FOREIGN MARKET VALUES AND
U.S.
PRICES APPLICABLE TO SHIPMENTS
OF
CANADA REPLACEMENT PARTS
FOR
SELF-PROPELLED PAVING EQUIPMENT FROM
CANADA EXPORTED
BY
ALLATT
PAVING DIVISION OF INGERSOLL-RAND CANADA INC.,
AND
SOLD
DURING
THE PERIOD JANUARY 1,
1989 THROUGH AUGUST 31, 1989.
THE
TOTAL
DUMPING DUTY FOR LIST A IS $131,759.06.
3.
THE U.S. PRICES AND FOREIGN MARKET VALUES SHOWN ARE
IN U.S.
DOLLARS PER
UNIT, EX-FACTORY, PACKED.
ALL STATUTORY ADJUSTMENTS
HAVE BEEN MADE.
4.
SHOWN
ON
LIST
B
ARE
CERTAIN
SHIPMENTS
OF
CANADIAN
REPLACEMENT PARTS FOR SELF-PROPELLED PAVING EQUIPMENT FROM CANADA
EXPORTED BY
ALLATT PAVING DIVISION OF INGERSOLL-RAND CANADA INC.
(IR-ALLATT), AND
SOLD DURING THE PERIOD JANUARY 1,
1989 THROUGH
AUGUST 31,
1989
AND EXPORTED TO
THE UNITED STATES BY IR-ALLATT
WHICH ARE FREE OF DUMPING LIAIBILITY.
LIST
A
AND
LIST
B
ARE
SORTED BY INVOICE NUMBER.
5.
ALL ITEMS NOT
SHOWN
ON EITHER LIST
A
OR
B, EXPORTED BY
IR-ALLATT, CANADA, AND ENTERED DURING THE PERIOD JANUARY 1,
1989
THROUGH AUGUST 31, 1989, ARE EXPORTERS' SALES PRICE SHIPMENTS AND
SHALL BE ASSESSED A DUMPING LIABILITY EQUAL
TO
11.87 PERCENT OF
THE EX-FACTORY, PACKED
U.S.
PRICE, EXCEPT
AS
LIMITED
BY
THE
FOLLOWING PARAGRAPH.
U.S. PRICE IS EQUAL TO
THE HIGHER OF
THE
INVOICE PRICE OR THE ENTERED VALUE, LESS ALL DEDUCTIONS NECESSARY
TO
ARRIVE
AT
AN EX-FACTORY, PACKED
PRICE.
CALCULATED FOREIGN
MARKET VALUE EQUAL TO
THE NET EX-FACTORY, PACKED U.S. PRICE PLUS
11.87 PERCENT.
6.
IN ACCORDANCE WITH SECTION
737
OF
THE
TARIFF
ACT,
THE
ASSESSMENT
OF
DUTIES
FOR
ENTRIES
OF MERCHANDISE ENTERED,
OR
WITHDRAWN
FROM WAREHOUSE,
FOR CONSUMPTION BEFORE
THE
DATE
OF
NOTICE
OF
THE
AFFIRMATIVE DETERMINATION
OF
THE INTERNATIONAL
TRADE COMMISSION, DECEMBER 22,
1986,
IS LIMITED TO
THE DEPOSIT
RATE
IN EFFECT AT
THE
TIME
OF
THE
ENTRY
OR WITHDRAWAL FROM
WAREHOUSE.
N-15\
88
DATED APRIL
21,
1988, REPORT
TO CUSTOMS
SERVICE HEADQUARTERS ANY DUMPING DUTIES DUE.
7.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY
THE CUSTOMS SERVICE
ON ENTRIES OF
THIS MERCHANDISE IS SUBJECT
TO
THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT
OF 1930, WHICH REQUIRE INTEREST ON
OVERPAYMENTS
OR
UNDERPAYMENTS
OF
THE
AMOUNTS
DEPOSITED
AS
ESTIMATED ANTIDUMPING DUTIES.
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.
8.
IMMEDIATELY FORWARD
TO
CUSTOMS
SERVICE HEADQUARTERS
ANY
INFORMATION ON FILE WHICH MIGHT AFFECT THE APPRAISED VALUES UNDER
THE
ANTIDUMPING
PROVISIONS,
WITH
AN
EXPLANATION
OF
THE
CIRCUMSTANCES UNDER
WHICH
IT
WAS RECEIVED.
IN
SUCH
A
CASE,
SUSPEND LIQUIDATION OF
THE AFFECTED ENTRIES UNTIL
A DECISION IS
MADE CONCERNING THE APPLICABILITY OF THE ADDITIONAL INFORMATION.
9.
WHENEVER
THE
USE
OF
THE
ABOVE
VALUES
RESULTS
IN
THE
ASSESSMENT
OF ANTIDUMPING DUTIES,
YOU
SHOULD
REQUIRE
OF
THE
IMPORTER
PRIOR
TO
LIQUIDATION
THE
REIMBURSEMENT
STATEMENT
DESCRIBED
IN
SECTION
353.26
OF
THE
COMMERCE
DEPARTMENT
REGULATIONS.
IF
THE
IMPORTER
HAS
BEEN REIMBURSED ANTIDUMPING
DUTIES OR FAILS TO RESPOND TO YOUR FORMAL REQUEST (VIA CF
28
OR
29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS
SHOULD DOUBLE THE ANTIDUMPING DUTIES DUE
IN ACCORDANCE WITH
THE
ABOVE-REFERENCED REGULATION.
10.
YOU MAY RELEASE APPRAISED VALUES TO THE INDIVIDUAL IMPORTER
CONCERNED OR
HIS AUTHORIZED REPRESENTATIVE.
YOU MAY RELEASE ANY
DETAILS
OF
THE
CALCULATIONS
OF
APPRAISED
VALUES
WITHOUT
AUTHORIZATION OF CUSTOMS SERVICE HEADQUARTERS.
11.
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.
12.
IF
THERE
ANY QUESTIONS REGARDING THIS MATTER
BY CUSTOMS
OFFICERS, PLEASE
CONTACT
THE
IMPORT SPECIALIST DIVISION, OTHER
AGENCY BRANCH BY E-MAIL ATTRIBUTE HQ
OAB.
THE IMPORTING PUBLIC
AND OTHER INTERESTED PARTIES SHOULD CONTACT ARTHUR DUBOIS ON
202
377-8312, OFFICE OF ANTIDUMPING COMPLIANCE, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF
COMMERCE.
13.
THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN