MESSAGE NO: 3147112 DATE: 05 27 1993
CATEGORY: ADA TYPE: REV
REFERENCE: 3060111 REFERENCE DATE: 03 01 1993
CASES: A - 570 - 205 - -
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PERIOD COVERED: 06 05 1991 TO 11 21 1992

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: RETROACTIVE REVOCATION OF ANTIDUMPING DUTY ORDER, &
TERMINATION OF ADMIN REVIEW FOR OSCILLATING FANS FROM
THE PRC (A-570-205)

1. THE DEPARTMENT OF COMMERCE ("THE DEPARTMENT") PUBLISHED IN THE
FEDERAL REGISTER ON MAY 25, 1993, ITS NOTICE OF COURT DECISION,
RETROACTIVE REVOCATION OF THE ANTIDUMPING ORDER AND TERMINIATION OF
THE ADMINISTRATIVE REVIEW ON OSCILLATING FANS FROM THE PEOPLE'S
REPUBLIC OF CHINA. (A-570-205)

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 MAY 12, 1993, THE UNITED STATES COURT OF INTERNATIONAL TRADE
ORDERED THE DEPARTMENT TO INSTRUCT CUSTOMS TO LIQUIDATE ENTRIES OF
THE SUBJECT MERCHANDISE BACK TO JUNE 5, 1991, THE DATE OF THE
DEPARTMENT"S PRELIMINARY DETERMINATION AND ORIGINAL SUSPENSION OF
LIQUIDATION, WITHOUT REGARD TO ANTIDUMPING DUTIES. AS A RESULT OF THE
COURT'S ORDER, THE DEPARTMENT IS REVOKING, RETROACTIVE TO JUNE 5,
1991, THE ANTIDUMPING DUTY ORDER ON ALL ENTRIES OF OSCILLATING FANS
FROM THE PRC. IN ADDITION, AS THE RESULT OF THE COURT'S DECISION, WE
HAVE TERMINATED THE ADMINISTRATIVE REVIEW ON OSCILLATING FANS
INITIATED ON FEBRUARY 23, 1993, FOR THE PERIOD JUNE 5, 1991 THROUGH
NOVEMBER 30, 1992.



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 A-570-205.

5. BASED ON THE RESULTS OF OUR RETROACTIVE REVOCATION, CUSTOMS SHOULD
LIQUIDATE ALL ENTRIES OF OSCILLATING FANS FROM THE PERIOD JUNE 5,
1991, (THE DATE OF THE DEPARTMENT'S PRELIMINARY DETERMINATION AND
ORIGINAL SUSPENSION OF LIQUIDATION) TO NOVEMBER 21, 1992, WITHOUT
REGARD TO ANTIDUMPING DUTIES. IN ADDITION, CUSTOMS SHOULD RELEASE
ALL CASH DEPOSITS OR BONDS POSTED ON ENTRIES OF OSCILLATING FANS
WHICH ENTERED THE UNITED STATES ON OR AFTER THE PERIOD JUNE 5, 1991
TO NOVEMBER 21, 1992. REFUND ALL CASH DEPOSITS, INCLUDING INTEREST
COLLECTED ON THE PAYMENT OF ESTIMATED DUMPING DUTIES. CALCULATE THE
INTEREST PAYABLE FROM THE DATE OF PAYMENT OF ESTIMATED DUMPING DUTIES
THROUGH MAY 22, 1993 (THE EFFECTIVE DATE OF THE COURT'S DECISION),
USING THE RATE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE
CODE FOR SUCH PERIOD.

6. CUSTOMS OFFICIALS SHOULD NOTE THAT THE INSTRUCTIONS IN E-MAIL
MESSAGE 3060111, DATED MARCH 1, 1993, INSTRUCTING CUSTOMS TO
TERMINATE THE SUSPENSION OF LIQUIDATION AND PROCEED WITH THE
LIQUIDATION OF OSCILLATING FANS FROM THE PRC FROM ALL MANUFACTURERS,
PRODUCERS OR EXPORTERS, WHICH ENTERED THE UNITED STATES ON OR AFTER
NOVEMBER 22, 1992, WITHOUT REGARD TO DUMPING DUTIES, REMAINS IN
EFFECT.

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

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

Nancy McTiernan