- Period Covered: 08/01/2001 to 07/31/2002
MESSAGE NO: 2277202
DATE: 10 04 2002
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 215
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PERIOD COVERED:
08 01 2001
TO
07 31 2002
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION INSTRUCTIONS FOR OIL COUNTRY TUBULAR GOODS
FROM JAPAN (A-588-215)
1.
THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY ORDERS.
INSTEAD,
REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 351.213 OF
THE
COMMERCE DEPARTMENT REGULATIONS.
2.
THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON OIL
COUNTRY TUBULAR GOODS FROM JAPAN FOR THE PERIOD LISTED BELOW.
THEREFORE, IN ACCORDANCE WITH SECTION 351.212(c) OF THE COMMERCE
DEPARTMENT REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON
ALL MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE
DATE OF ENTRY.
COUNTRY
CASE NUMBER
PERIOD
JAPAN
A-588-215
08/01/2001-07/31/2002
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
3.
THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION
OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED
ABOVE.
YOU SHALL CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES
OF THE SUBJECT
MERCHANDISE AT THE CURRENT RATES.
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 OR 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 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.
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 COMMERCE DEPARTMENT REGULATIONS.
THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION OF THE ENTRY.
IF THE IMPORTER HAS BEEN REIMBURSED
ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES
IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION.
ADDITIONALLY,
IF THE IMPORTER FAILS TO 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." THE IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT HOLLY HAWKINS AT 202-482-O414, AD/CVD ENFORCEMENT
, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA