MESSAGE NO: 3060111 DATE: 03 01 1993
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 205 - -
- - - -
- - - -

PERIOD COVERED: 01 29 1993 TO

LIQ SUSPENSION DATE: 11 22 1992

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: LIQUIDATION - NOTICE OF COURT DECISION AND REVOCATION
OF ANTIDUMPING ORDER ON OSCILATING FANS FROM THE PEOPLE'S
REPUBLIC OF CHINA (012993 IS DATE OF FED REG PUBLICATION)

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ON
JANUARY 29, 1993, ITS NOTICE OF COURT DECISION AND REVOCATION OF THE
ANTIDUMPING ORDER REGARDING OSCILLATING FANS FROM THE PEOPLE'S
REPUBLIC OF CHINA.

2. THE PRODUCTS COVERED BY THIS ORDER ARE OSCILLATING FANS FROM THE
PRC. OSCILLATING FANS ARE ELECTRIC FANS THAT DIRECT A FLOW OF AIR
USING A FAN BLADE/MOTOR UNIT THAT PIVOTS BACK AND FORTH ON A
STATIONARY BASE ("OSCILLATES"). OSCILLATING FANS INCORPORATE A
SELF-CONTAINED ELECTRIC MOTOR OF AN OUTPUT NOT EXCEEDING 125 WATTS.
OSCILLATING FANS ARE PROVIDED FOR UNDER HTS SUBHEADING 8414.51.0090.
THE HTS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS
PURPOSES. OUR WRITTEN DESCRIPTION OF THE SCOPE OF THIS PROCEEDING IS
DISPOSITIVE.

3. ON NOVEMBER 12, 1992, THE UNITED STATES COURT OF INTERNATIONAL
TRADE AFFIRMED THE DEPARTMENT OF COMMERCE'S REMAND DETERMINATION
REGARDING HOLMES PRODUCTS CORP. THE REMAND RESULTED IN A FINDING OF
0.48 PERCENT, (DE MINIMIS) MARGIN AND A NEGATIVE DETERMINATION OF
SALES AT LESS THAN FAIR VALUE FOR THE OSCILLATING FAN INVESTIGATION.

4. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-570-807. THIS NUMBER SHOULD BE USED WHEN
DEALING WITH THE DEPARTMENT OF COMMERCE ONLY. THE CUSTOMS
IDENTIFICATION NUMBER IS TO BE USED FOR CUSTOMS IDENTIFICATION
PURPOSES AND BLUE LINE REPORTS.

5. BASED ON THE REMAND RESULTS, THE U.S. CUSTOMS SERVICE SHOULD
TERMINATE THE SUSPENSION OF LIQUIDATION AND PROCEED WITH LIQUIDATION
OF THE MERCHANDISE FROM ALL MANUFACTURERS, PRODUCERS OR EXPORTERS,
WHICH ENTERED THE UNITED STATES AFTER NOVEMBER 22, 1992, WITHOUT
REGARD TO DUMPING DUTIES. IN ADDITION, YOU SHOULD RELEASE ALL CASH
DEPOSITS OR BONDS POSTED ON ENTRIES OF OSCILLATING FANS WHICH ENTERED
THE UNITED STATES AFTER NOVEMBER 22, 1992.

6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE IS
SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930,
WHICH REQUIRES INTEREST TO BE PAID ON OVERPAYMENTS AND UNDERPAYMENTS
OF AMOUNTS DEPOSITED AS ESTIMATED DUMPING DUTIES. CALCULATE INTEREST
FROM THE DATE OF PAYMENT OF ESTIMATED DUMPING DUTIES THROUGH THE DATE
OF LIQUIDATION, USING THE RATE IN EFFECT UNDER SECTION 6621 OF THE
INTERNAL REVENUE CODE FOR SUCH PERIOD.

7. THE U.S. CUSTOMS SERVICE SHOULD CONTINUE TO SUSPEND LIQUIDATION OF
ALL ENTRIES THAT WERE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER OCTOBER 25, 1991, THROUGH NOVEMBER 22, 1992.
THE ESTIMATED AMENDED FINAL MARGIN PERCENTAGES APPLICABLE DURING THIS
PERIOD SHALL REMAIN 0.79 PERCENT.



MANUFACTURER/PRODUCER CUSTOMS ID MARGIN PERCENTAGES
EXPORTER NUMBER 10/25/91- AFTER
11/22/92 11/22/92

OSCILLATING FANS:

ESTEEM INDUSTRIES, LTD. A570-205-001 0.79 0.48
DE MINIMIS
HASM MANUFACTURING CO.,LTD A-570-205-002 0.79 0.48
DE MINIMIS
HOLMES PRODS (FAR EAST) LTD. A-570-205-003 0.79 0.48
DE MINIMIS
SUPER ELECTRIC MOTOR LTD. A-570-205-004 0.79 0.48
DE MINIMIS
ASCO GENERAL SUPPLIES
(FAR EAST) LTD. A-570-205-005 0.79 0.48
DE MINIMIS
ALL OTHERS A-570-205-000 0.79 0.48
DE MINIMIS

8.IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD CONTACT THE IMPORT SPECIALIST DIVISION, OTHER
AGENCY BRANCH BY EMAIL ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND
OTHER INTERESTED PARTIES SHOULD CONTACT MARK WELLS, OFFICE OF
ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE AT (202) 482-3003.

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

Nancy McTiernan