- Period Covered: 01/01/2000 to 12/31/2000
MESSAGE NO: 3198202
DATE: 07 17 2003
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 351 - 819
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PERIOD COVERED:
01 01 2000
TO
12 31 2000
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION OF SS WIRE ROD FROM BRAZIL (A-351-819)
1.
THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY
CONDUCT ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY
ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE
WITH
SECTION 351.213 OF THE COMMERCE DEPARTMENT REGULATIONS.
2.
THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST
FOR AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY
ORDER FOR THE PERIOD AND ON THE MERCHANDISE 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ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN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.
THE RATES ARE AS FOLLOWS:
MANUFACTURER/PRODUCER EXPORTERCASE NUMBERCASH DEPOSIT
RATE
PERIOD
ELETROMETAL
METAIS ESPECIAIS S.A.A-351-819-00124.63%
01/01/2000-12/31/2000
ACOS FINOS PIRATINI S.A. A-351-819-00226.50%
01/01/2000-
12/31/2000
ACOS VILLARES S.A.
A-351-819-00326.50%
01/01/2000-
12/31/2000
ALL OTHERS
A-351-819-00025.88%
01/01/2000-
12/31/2000
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
3.
THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING
OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE
MERCHANDISE AND PERIOD LISTED ABOVE.
YOU SHALL CONTINUE
TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES
FOR SUBSEQUENT ENTRIES OF THE SUBJECT MERCHANDISE AT THE
CURRENT RATES.
4.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND
BORDER PROTECTION 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.
5.
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.
6.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY
CUSTOMS OFFICERS, THE IMPORTING PUBLIC, OR INTERESTED
PARTIES PLEASE CONTACT SEBASTIAN G. WRIGHT AT
_______________________________________________
SEBASTIANWRIGHT AT ITA.DOC.GOV,
OR AT OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-
1384
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
CATHY SAUCEDA