MESSAGE NO: 3097115 DATE: 04 07 1993
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 201 - 003 - -
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PERIOD COVERED: 07 01 1984 TO 12 31 1985

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: LIQUIDATION INSTRUCTIONS - NOTICE OF COURT DECISION ON
THE FINAL RESULTS OF THE COUNTERVAILING DUTY
ADMINISTRATIVE REVIEW OF CERAMIC TILE FROM MEXICO

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
OF FEBRUARY 2, 1993 (58 FR 6778), THE NOTICE OF COURT
DECISION AND CONTINUED SUSPENSION OF LIQUIDATION PENDING
APPEAL OR THE EXPIRATION OF THE PERIOD FOR APPEAL OF THE
FINAL RESULTS OF THE COUNTERVAILING DUTY ADMINISTRATIVE
REVIEW OF CERAMIC TILE FROM MEXICO (C-201-003). THE REVIEW
COVERS THE PERIOD JULY 1, 1984 THROUGH DECEMBER 31, 1984, AND
JANUARY 1, 1985 THROUGH DECEMBER 31, 1985.

2. IMPORTS COVERED BY THE REVIEW ARE SHIPMENTS OF CERAMIC TILE,
INCLUDING NON-MOSAIC, GLAZED, AND UNGLAZED CERAMIC FLOOR AND
WALL TILE. DURING THE REVIEW PERIODS, SUCH MERCHANDISE WAS
CLASSIFIABLE UNDER ITEM NUMBERS 532.2400 AND 532.2700 OF THE
TARIFF SCHEDULES OF THE UNITED STATES ANNOTATED (TSUSA).

3. ON JANUARY 7, 1993, IN CERAMICA REGIOMONTANA, S.A. ET. AL. V.
UNITED STATES, COURT NO. 88-05-00394, THE COURT OF
INTERNATIONAL TRADE (CIT) AFFIRMED THE DEPARTMENT'S SECOND
RESULTS OF REDETERMINATION ON REMAND. AS A RESULT OF THE
COURT'S DECISION, THE TOTAL BOUNTY OR GRANT FOR ALL FIRMS
WITHOUT SPECIFIED INDIVIDUAL RATES (THE "ALL OTHERS" RATE)
WAS FOUND TO BE 2.63 PERCENT AD VALOREM FOR THE PERIOD OF
JULY 1, 1984 THROUGH DECEMBER 31, 1984, AND 3.60 PERCENT AD
VALOREM FOR THE PERIOD OF JANUARY 1, 1985 THROUGH DECEMBER
31, 1985. THE PERIOD FOR APPEAL OF THIS DECISION HAS NOW
PASSED WITH NO APPEAL HAVING BEEN FILED.

4. IN ACCORDANCE WITH THE COURT'S JANUARY 7, 1993, AFFIRMATION
OF THE CASE CERAMICA REGIOMONTANA, S.A., ET. AL. V. UNITED
STATES, COURT NO. 88-05-00394, SLIP OP. 93-1, YOU ARE
INSTRUCTED TO LIQUIDATE THOSE EXPORTS OF CERAMIC TILE FROM
ALL FIRMS WITHOUT SPECIFIED INDIVIDUAL RATES AT THE RATE OF
2.63 PERCENT AD VALOREM FOR MERCHANDISE EXPORTED ON OR AFTER
JULY 1, 1984 AND ON OR BEFORE DECEMBER 31, 1984. ALSO, YOU
ARE INSTRUCTED TO LIQUIDATE THOSE EXPORTS OF CERAMIC TILE
FROM ALL FIRMS WITHOUT SPECIFIED INDIVIDUAL RATES AT THE RATE
OF 3.60 PERCENT AD VALOREM FOR MERCHANDISE EXPORTED ON OR
AFTER JANUARY 1, 1985 AND ON OR BEFORE DECEMBER 31, 1985.

5. THE PROVISIONS OF SECTION 778 OF TARIFF ACT REQUIRE THAT
INTEREST BE PAID ON OVERPAYMENTS OR UNDERPAYMENTS OF AMOUNTS
DEPOSITED AS ESTIMATED COUNTERVAILING DUTIES. SUCH INTEREST
IS PAYABLE AT THE RATE IN EFFECT UNDER SECTION 6621 OF THE
INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD. THE INTEREST
SHALL BE CALCULATED AT THAT RATE FROM THE DATE OF PAYMENT OF
ESTIMATED DUTIES THROUGH THE DATE OF LIQUIDATION. THE
SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
EXPORTED ON OR BEFORE DECEMBER 31, 1985 IS LIFTED.

6. IF THERE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE IMPORT SPECIALIST DIVISION,
OTHER AGENCY BRANCH BY E-MAIL TO ATTRIBUTE "HQ OAB". THE
IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT
THE OFFICE OF COUNTERVAILING COMPLIANCE, IMPORT
ADMINISTRATION, DEPARTMENT OF COMMERCE (202) 482-2786.

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


NANCY MCTIERNAN