MESSAGE NO: 2344201 DATE: 12 10 2002
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 423 - 805 C - 423 - 209
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PERIOD COVERED: 12 04 2002 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: SCOPE RULING ON DUMPING AND COUNTERVAILING DUTY ORDERS
ON CTL CS PLATE FROM BELGIUM (A-423-805, C-423-209)



1. ON FEBRUARY 4, 2000, AN INJUNCTION ENJOINING LIQUIDATION OF
ALL ENTRIES OF CUT-TO LENGTH FLAT ROLLED CARBON STEEL FLOOR PLATE
FROM BELGIUM IMPORTED BY DUFERCO STEEL, INC. ("DUFERCO") WAS
ISSUED BY THE U.S. COURT OF INTERNATIONAL TRADE (CIT). SEE
MESSAGE NO. 1157202, SENT JUNE 6, 2001, MESSAGE NO. 2008202, SENT
JANUARY 8, 2002, MESSAGE NO. 2221203, SENT AUGUST 9, 2002, AND
MESSAGE NO. 2291201, SENT OCTOBER 18, 2002. THE FEBRUARY 4, 2000
INJUNCTION TERMINATED UPON THE CIT'S ISSUANCE ON OCTOBER 17, 2002
OF A FINAL JUDGMENT (SLIP OP. 02-125) ORDERING THE COMMERCE
DEPARTMENT TO INSTRUCT CUSTOMS TO IMPLEMENT THE EXCLUSION OF
DUFERCO'S FLOOR PLATE "WITH PATTERNS IN RELIEF DERIVED DIRECTLY
FROM THE ROLLING PROCESS" FROM THE SCOPE OF THE ANTIDUMPING AND
COUNTERVAILING DUTY ORDERS ON CUT-TO-LENGTH CARBON STEEL PLATE
FROM BELGIUM (A-423-805 AND C-423-209).

2. ACCORDINGLY, EFFECTIVE IMMEDIATELY, CUSTOMS SHOULD TERMINATE
SUSPENSION OF LIQUIDATION FOR ALL ENTRIES OF CUT-TO-LENGTH FLAT
ROLLED CARBON STEEL FLOOR PLATE FROM BELGIUM "WITH PATTERNS IN
RELIEF DERIVED DIRECTLY FROM THE ROLLING PROCESS" IMPORTED BY
DUFERCO.

3. LIQUIDATE ALL SUCH ENTRIES THAT REMAINED UNLIQUIDATED AS OF 5
O'CLOCK P.M., FEBRUARY 12, 2000, AND ALL SUCH ENTRIES AFTER THAT
DATE, WITHOUT REGARD TO ANTIDUMPING OR COUNTERVAILING DUTY
REQUIREMENTS.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO DUFERCO'S ENTRY OF SUCH MERCHANDISE, AS LISTED ABOVE.

5. THE ASSESSMENT OF ANTIDUMPING AND COUNTERVAILING 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, OR ASSESS
INTEREST ON UNDER PAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS
ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES. THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS
ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES BEFORE THE DATE OF
PUBLICATION OF THE ANTIDUMPING OR COUNTERVAILING DUTY ORDER.
INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATED
ANTIDUMPING OR COUNTERVAILING 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. CONTINUE TO SUSPEND LIQUIDATION OF, AND COLLECT CASH DEPOSITS
FOR, ALL OTHER ENTRIES OF CUT-TO-LENGTH FLAT ROLLED CARBON STEEL
PLATE FROM BELGIUM IMPORTED BY DUFERCO THAT DO NOT HAVE "PATTERNS
IN RELIEF DERIVED DIRECTLY FROM THE ROLLING PROCESS," AND WHICH
ARE OTHERWISE INCLUDED IN THE SCOPE OF THE ANTIDUMPING OR
COUNTERVAILING DUTY ORDERS COVERING CUT-TO-LENGTH PLATE FROM
BELGIUM (A-423-805 AND C-423-209).

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 SCOT FULLERTON OR MAUREEN FLANNERY AT (202) 482-
1386 OR (202) 482-3020, AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF
COMMERCE.

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

CATHY SAUCEDA