- Period Covered: 08/01/2001 to 07/31/2002
MESSAGE NO: 3071207
DATE: 03 13 2003
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 580 - 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,
OTHER THAN DRILL PIPE, FROM KOREA (COMMERCE # A-580-825
CUSTOMS NUMBER: A-580-215, SEAH STEEL AND HUSTEEL)
1.
THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING FINDINGS/DUTY ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION
351.213 OF THE COMMERCE DEPARTMENT REGULATIONS.
2.
ON 09/25/2002, (67 FR 60210) THE DEPARTMENT OF COMMERCE
INITIATED AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING ORDER ON
OIL COUNTRY TUBULAR GOODS, OTHER THAN DRILL PIPE, FROM KOREA
(COMMERCE CASE:
A-580-825/CUSTOMS CASE NUMBER: A-580-215). THE
REVIEW COVERED SEAH STEEL CORPORATION AND HUSTEEL FOR THE PERIOD
08/01/2001 THROUGH 07/31/2002.
3.
ON FEBRUARY 7, 2003, THE DEPARTMENT OF COMMERCE RESCINDED
ITS REVIEW OF SEAH STEEL CORPORATION AND FOR HUSTEEL
(68 FR 6412).
4.
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DUTIES ON ALL MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE,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, FOR THE
PERIOD 08/01/2001 THROUGH 07/31/2002, IN EFFECT ON THE DATE OF
ENTRY SUMMARY.
OIL COUNTRY TUBULAR GOODS, OTHER THAN DRILL PIPE, FROM KOREA
CASE NUMBERS
PERIOD
(A-580-825) AND (A-580-215)
(08/01/2001 - 07/31/2002)
5.
THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIODS LISTED ABOVE.
YOU SHALL CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT
ENTRIES OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES.
6.
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.
7.
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.
8.
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 THOMAS GILGUNN AT 202-482-4236, AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.
9.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA