MESSAGE NO: 3177209 DATE: 06 26 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 475 - 215 - -
- - - -
- - - -

PERIOD COVERED: 08 01 2000 TO 07 31 2002

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NON REVIEW/AUTOMATIC LIQUIDATION INSTRUCTIONS FOR OIL
COUNTRY TUBULAR GOODS, OTHER THAN DRILL PIPE, - ITALY
(COMMERCE CASE A-475-816, BCBP CASE A-475-215)

1. THIS IS A CORRECTION TO MESSAGE NO. 0297217 DATED 10/23/2000.
IN PARAGRAPH 2, WE IDENTIFIED THE ANTIDUMPING DUTY ORDER ON OIL
COUNTRY TUBULAR GOODS, OTHER THAN DRILL PIPE, FROM ITALY USING
ONLY THE COMMERCE CASE NUMBER, A-475-816. FOR THE U.S. BUREAU OF
CUSTOMS AND BORDER PATROL (BCBP) PURPOSES ONLY, THE FOLLOWING
IDENTIFICATION NUMBER HAS BEEN ASSIGNED TO THE ANTIDUMPING DUTY
ORDER ON OIL COUNTRY TUBULAR GOOD, OTHER THAN DRILL PIPE, FROM
ITALY: A-475-215.

2. 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.

3. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY FINDING/ORDER FOR
OIL COUNTRY TUBULAR GOODS (OCTG) FROM ITALY THE PERIODS LISTED
BELOW. THEREFORE, IN ACCORDANCE WITH SECTION 351.212(c) OF THE
COMMERCE DEPARTMENT REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING
DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE
DATE OF ENTRY SUMMARY.

OIL COUNTRY TUBULAR GOODS, OTHER THAN DRILL PIPE, FROM ITALY:
LIQUIDATE ALL ENTRIES FOR ALL FIRMS.

4. 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.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE BCBP 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
BCBP 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

CASE NUMBER PERIOD
A-475-215 08/01/2000-
07/31/2002

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, BCBP 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, BCBP 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, BCBP
SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES
DUE.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY BCBP
OFFICERS, THE IMPORTING PUBLIC, OR INTERESTED PARTIES PLEASE
CONTACT ABDELALI ELOUARADIA AT ABDELALI__ELOUARADIA AT
ITA.DOC.GOV OR AT AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE, AT
202-482-1374.

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

CATHY SAUCEDA