MESSAGE NO: 3248237 DATE: 09 05 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 405 - -
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PERIOD COVERED: 12 01 1989 TO 11 30 1990

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION FOR CELLULAR MOBILE TELEPHONESAND SUBASSEM
BLIES THEREOF FROM JAPAN (A588-405)



1. FOR ALL SHIPMENTS OF CELLULAR MOBILE TELEPHONES AND
SUBASSEMBLIES THEREOF FROM JAPAN PRODUCED OR EXPORTED BY MURATA
MANUFACTURING COMPANY, LTD. (A-588-405-011), AND ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
12/01/1989 THROUGH 11/30/1990, ASSESS ANTIDUMPING LIABILITIES
EQUAL TO 5.30 PERCENT OF THE ENTERED VALUES. THE MERCHANDISE MAY
HAVE ENTERED UNDER A-588-405-000 DURING THIS PERIOD.

2. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE MERCHANDISE
AND PERIOD LISTED ABOVE.

3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE BUREAU OF CUSTOMS
AND BORDER PROTECTION (CUSTOMS) 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 OVERPAYMENT AND ASSESS INTEREST ON UNDERPAYMENT OF
THE REQUIRED AMOUNT 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.

4. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE
THAT THE IMPORTER PROVIDE THE REIMBURSEMENT STATEMENT DESCRIBED
IN 19 CFR 353.26 (1990). 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.

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS,
THE IMPORTING PUBLIC, OR INTERESTED PARTIES, PLEASE CONTACT BRIAN
ELLMAN, AD/CVD ENFORCEMENT 3, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE, AT
(202) 482-4852.

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

CATHY SAUCEDA