MESSAGE NO: 2218203 DATE: 08 06 2002
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 307 - 701 - -
- - - -
- - - -

PERIOD COVERED: 08 01 1991 TO 07 31 1992

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NON-REVIEW AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
ALUMINUM ROD FROM VENEZUELA (A-307-701)




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

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A
REQUEST FOR AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING
DUTY FINDING/ORDER FOR THE PERIODS AND ON THE MERCHANDISE
LISTED BELOW, EXCEPT FOR THE FIRMS NOTED. 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DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE,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.


ALUMINUM ROD FROM VENEZUELA PERIOD
A-307-701

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 08/01/1991-07/31/1992


3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE
LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE
MERCHANDISE AND PERIODS LISTED ABOVE.

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 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
PAYMENTS 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
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
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.

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
LIAISONS, USING ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND
OTHER INTERESTED PARTIES SHOULD CONTACT RON TRENTHAM ON
(202) 482-6320 OR SHEILA FORBES ON (202) 482-4697, AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

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



CATHY SAUCEDA