- Period Covered: 08/01/1998 to 07/31/1999
MESSAGE NO: 3239201
DATE: 08 27 2003
CATEGORY: ADA
TYPE: LIQ
REFERENCE: 0306209
REFERENCE DATE: 11 01 2000
CASES:
A - 122 - 814
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PERIOD COVERED:
08 01 1998
TO
07 31 1999
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION INSTRUCTIONS FOR PURE MAGNESIUM FROM CANADA
OTHER THAN NORSK HYDRO CANADA INC.(A-122-814)
1. BELOW ARE THE ONLY LIQUIDATION INSTRUCTIONS THAT HAVE BEEN
SENT TO DATE FOR PURE MAGNESIUM FROM CANADA FOR THE PERIOD
8/1/1998 THROUGH 7/31/1999:
MESSAGE
COMPANY
DATE
NUMBER
NORSK HYDRO CANADA INC.
11/01/2000
0306209
2.
IF YOU ARE STILL SUSPENDING LIQUIDATION ON ANY ENTRIES OF
PURE MAGNESIUM FROM CANADA DURING THE PERIOD 8/1/1998 THROUGH
7/31/1999 AFTER APPLYING THE ABOVE LIQUIDATION INSTRUCTIONS, YOU
SHOULD NOW LIQUIDATE SUCH ENTRIES AT THE DEPOSIT RATE REQUIRED AT
THE TIME OF ENTRY OF THE MERCHANDISE.
3.
THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE MERCHANDISE
AND PERIOD LISTED ABOVE.
4.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON 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 AND 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 WHICH IS
DECEMBER 12, 1998.
INTEREST SHALL BE CALCULATED FROM THE DATE
PAYMENT OF ESTIMATED ANTIDUMPING DUTIES IS REQUIRED 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 OF THE COMMERCE DEPARTMENT REGULATIONS. THE
IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION OF THE ENTRY. IF THE IMPORTER CERTIFIES THAT IT HAS
AN AGREEMENT WITH THE EXPORTER TO BE REIMBURSED ANTIDUMPING
DUTIES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES IN
ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF
THE IMPORTER DOES NOT 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 ANDREW SMITH, OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
U.S.DEPARTMENT OF COMMERCE AT (202)482-1276 OR
ANDREWunderlineSMITHatsymbolITA.DOC.GOV.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA