MESSAGE NO: 2322203 DATE: 11 18 2002
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 423 - 808 - -
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PERIOD COVERED: 05 01 2001 TO 04 30 2002

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION OF STAINLESS STEEL PLATE FROM BELGIUM
EXPORTED BY ALZ N.V. (A-423-808)



1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER,
ON OCTOBER 22, 2002 (67 FR 64868), THE RESCISSION OF ITS
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER (A-423-808)
ON STAINLESS STEEL PLATE IN COILS FROM BELGIUM FOR THE PERIOD MAY
1, 2001 THROUGH APRIL 30, 2002.

2. ON NOVEMBER 7, 2001 (66 FR 56272) THE DEPARTMENT OF COMMERCE
PUBLISHED IN THE FEDERAL REGISTER THE FINAL RESULTS FOR THE
PERIOD NOVEMBER 4, 1998 THROUGH APRIL 30, 2000. HOWEVER, THE
CUSTOMS MODULE ERRONEOUSLY SHOWED THE CASH DEPOSIT RATE FOR ONE
COMPANY, ALZ, N.V. (A-423-808-001) AT 9.86 PERCENT. THIS WAS
CORRECTED TO 24.43 PERCENT ON NOVEMBER 6, 2002.

3. FURTHER, AS A RESULT OF THIS RESCISSION, FOR ALL SHIPMENTS OF
STAINLESS STEEL PLATE IN COILS FROM BELGIUM FOR THAT PERIOD,
PRODUCED OR EXPORTED BY ALZ N.V. (A-423-808-001), AND ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD OF MAY
1, 2001 THROUGH APRIL 30, 2002, 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MERCHANDISE ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION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 SUMMARY. FOR THE PERIOD MAY 1, 2001 THROUGH NOVEMBER 6,
2001, YOU SHOULD LIQUIDATE AT 9.86 PERCENT, AND FOR THE PERIOD
NOVEMBER 7, 2001 THROUGH APRIL 30, 2002 YOU SHOULD LIQUIDATE AT
24.43 PERCENT, WHICH WERE THE CASH DEPOSIT RATES THAT SHOULD HAVE
BEEN IN EFFECT DURING THESE PERIODS.

4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. FOR ALL OTHER SHIPMENTS OF STAINLESS STEEL
PLATE IN COILS FROM BELGIUM, YOU SHALL, UNLESS OTHERWISE
INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.

5. 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
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 PAYMENT OF ESTIMATED
ANTIDUMPING DUTIES IS REQUIRED 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.

6. 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 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.

7. 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 INTERESTED PARTIES
SHOULD CONTACT ELFI BLUM AT 202-482-0197, AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

8. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.

CATHY SAUCEDA