- Period Covered: 06/01/1999 to 05/31/2000
MESSAGE NO: 3091201
DATE: 04 01 2003
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 583 - 816
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PERIOD COVERED:
06 01 1999
TO
05 31 2000
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION OF PIPE FITTINGS FROM TAIWAN (A-583-816)
1.
ON JULY 21, 2000, THE DEPARTMENT OF COMMERCE INITIATED AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON STAINLESS
STEEL BUTT-WELD PIPE FITTINGS FROM TAIWAN (A-583-816) FOR TRU-
FLOW INDUSTRIAL CO., LTD ("TRU-FLOW") AND LIANG FENG STAINLESS
STEEL FITTING CO., LTD ("LIANG FENG") FOR THE PERIOD JUNE 01,
1999 THROUGH MAY 31, 2000 (65 FR 46687).
2.
ON DECEMBER 21, 2001, THE DEPARTMENT OF COMMERCE ISSUED ITS
FINAL RESULTS AND RESCINDED THE REVIEW WITH RESPECT TO TRU-FLOW
AND LIANG FENG (66 FR 65899).
3.
YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE
PERIOD LISTED BELOW FOR THE CASH DEPOSIT OR BONDING RATE REQUIRED
AT THE TIME OF ENTRY AS FOLLOWS:
MANUFACTURER/PRODUCER
ID #
RATE
TRU-FLOW
A-583-816-003
76.20%
LIANG-FENG
A-583-816-000
51.01%
4.
THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
THE 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.
5.
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.
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 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.
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."
THE IMPORTING PUBLIC AND INTERESTED
PARTIES SHOULD CONTACT LILIT ASTVATSATRIAN AT 202-482-6412,
AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA