MESSAGE NO: 2235212 DATE: 08 23 2002
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 351 - 820 - -
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PERIOD COVERED: 08 16 1993 TO 02 29 1996

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR FERROSILICON FROM BRAZIL
FROM COMPANHIA BRASILEIRA CARBURETO DE CALCIO (CBCC)&
COMPANHIA FERROLIGAS MINAS GERAIS-MINISLIGAS(A-351-820)

1.ON 10/15/1999 THE DEPARTMENT OF COMMERCE (THE DEPARTMENT)
SENT TO CUSTOMS MESSAGE NUMBER 9288215 REGARDING FERROSILICON
FROM BRAZIL (A-351-820), STATING IN PARAGRAPHS 3 AND 4 THAT, WITH
THE EXCEPTION OF THE PERIOD 08/15/1993 THROUGH 02/29/1996,
CUSTOMS SHOULD TERMINATE THE SUSPENSION OF LIQUIDATION ON ALL
SHIPMENTS OF FERROSILICON FROM BRAZIL AND LIQUIDATE THESE ENTRIES
WITHOUT REGARD TO ANTIDUMPING DUTIES.

THE DEPARTMENT IS NOW CORRECTING MESSAGE NUMBER 9288215 ON
10/15/1999 FOR FERROSILICON FROM BRAZIL (A-351-820), PARAGRAPHS 3
AND 4, TO STATE THAT THE PERIOD IS 08/16/1993 THROUGH 02/29/1996.

2. THE DEPARTMENT IS FURTHER CLARIFYING THE TERMINATION OF
SUSPENSION OF ENTRIES OF FERROSILICON FROM BRAZIL BY CUSTOMS FOR
THE ABOVE PERIOD 08/16/1993 THROUGH 02/29/1996.

REGARDING THE PERIOD 08/16/1993 THROUGH 02/28/1995, THE U.S.
COURT OF INTERNATIONAL TRADE (CIT) ON 06/20/1997 ISSUED A
PRELIMINARY INJUNCTION ENJOINING LIQUIDATION OF ENTRIES WHICH ARE
SUBJECT TO THE ANTIDUMPING DUTY ORDER ON FERROSILICON FROM BRAZIL
(A-351-820), MANUFACTURED OR EXPORTED BY COMPANHIA DE FERRO LIGAS
DA BAHIA (FERBASA) (A-351-820-005) FOR THIS PERIOD. (SEE MESSAGE
NUMBER 7197114, DATED 07/16/1997). ACCORDINGLY, CUSTOMS IS
ENJOINED FROM LIQUIDATING THESE ENTRIES UNTIL FURTHER NOTICE.

REGARDING THE PERIOD 03/01/1995 THROUGH 02/29/1996, THE CIT ON
11/24/1997 ISSUED A PRELIMINARY INJUNCTION ENJOINING LIQUIDATION
OF ENTRIES WHICH ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON
FERROSILICON FROM BRAZIL (A-351-820), MANUFACTURED OR EXPORTED BY
COMPANHIA BRASILEIRA CARBURETO DE CALCIO (CBCC) (A-351-820-001)
AND COMPANHIA FERROLIGAS MINAS GERAIS-MINISLIGAS (MINISLIGAS)
(A-351-820-004) FOR THIS PERIOD. (SEE MESSAGE NUMBER 2232203,
DATED 08/20/2002). ACCORDINGLY, CUSTOMS IS ENJOINED FROM
LIQUIDATING THESE ENTRIES UNTIL FURTHER NOTICE.

3. NOT WITHSTANDING THE ABOVE, CUSTOMS IS DIRECTED TO TERMINATE
THE SUSPENSION OF LIQUIDATION ON ALL OTHER SHIPMENTS OF
FERROSILICON FROM BRAZIL, AND LIQUIDATE THESE ENTRIES WITHOUT
REGARD TO ANTIDUMPING DUTIES (I.E., RELEASE ALL BONDS POSTED FOR
ANTIDUMPING PURPOSES AND REFUND ALL ANTIDUMPING DUTY CASH
DEPOSITS WITH INTEREST).

4. 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. SECTION 778 REQUIRES THAT
CUSTOMS PAY INTEREST ON OVERPAYMENTS AND ASSESS INTEREST ON UNDER
PAYMENTS, 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 OFESTIMATED
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 AS
DESCRIBED IN SECTION 351.402(f)(2) OF THE DEPARTMENT'S
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 LIAISON, USING THE
ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND INTERESTE PARTIES
SHOULD ADDRESS QUESTIONS TO JACK K. DULBERGER AT 202-482-5505,
AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE, WASHINGTON, D.C.

7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA