- Period Covered: 05/01/1992 to 04/30/1993
MESSAGE NO: 3258115
DATE: 09 15 1993
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 357 - 802
A - 351 - 602
A - 351 - 503
A - 351 - 605
A - 247 - 003
A - 533 - 502
PERIOD COVERED:
05 01 1992
TO
04 30 1993
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, IMPORT SPECIALIST DIVISION
RE: LIQUIDATION INSTRUCTIONS FOR VARIOUS COUNTRIES AND
VARIOUS CASES
1.
THE
DEPARTMENT
OF
COMMERCE
NO
LONGER AUTOMATICALLY CONDUCTS
ADMINISTRATIVE
REVIEWS
OF
ANTIDUMPING
DUTY
FINDINGS/ORDERS.
INSTEAD,
REVIEWS
MUST
BE
REQUESTED
IN
ACCORDANCE WITH
SECTION
353.22OF THE COMMERCE REGULATIONS.
2.
THE DEPARTMENT OF COMMERCE HAS
NOT RECEIVED A
REQUEST
FOR
AN
ADMINISTRATIVE REVIEW
OF
THE
ANTIDUMPING
DUTY FINDING/ORDER
FOR
CERTAIN PERIODS
ON
THE MERCHANDISE LISTED BELOW,
EXCEPT
FOR
THE
FIRMS
NOTED.
THEREFORE, IN
ACCORDANCE WITH
SECTION 353.22(e)
OF
THECOMMERCE REGULATIONS, YOU
ARE
TO
ASSESS ANTIDUMPING DUTIES
ON
MERCHANDISE ENTERED,
OR
WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION
DURING THE PERIODS LISTED BELOW AT
THE CASH DEPOSIT OR BONDING RATE
REQUIRED AT THE TIME OF ENTRY.
RECTANGULAR TUBING FROM ARGENTINA
PERIOD
A-357-802
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
5/1/92 - 4/30/93
PIPE FITTINGS FROM BRAZIL
PERIOD
A-351-602
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
5/1/92 - 4/30/93
CONSTRUCTION CASTINGS FROM BRAZIL
PERIOD
A-351-503
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
5/1/92 - 4/30/93
ORANGE JUICE FROM BRAZIL
PERIOD
A-351-605
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
5/1/92 - 4/30/93
CITROPECTINA S.A.
BRANCO PERES CITRUS, S.A.
FRUTROPIC S.A.
PORTLAND CEMENT FROM DOMINICAN REPUBLIC
PERIOD
A-247-003
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
5/1/92
-
4/30/93
PIPES AND TUBES FROM INDIA
PERIOD
A-533-502
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
5/1/92 - 4/30/93
3.
ENTRIES
OF
MERCHANDISE
OF
EXCEPTED
FIRMS
SHOULD
NOT
BE
LIQUIDATEDUNTIL
YOU
RECEIVE
SPECIFIC
INSTRUCTIONS
AFTER
THE
COMPLETION OF THE ADMINISTRATIVE REVIEW.
THE EXCEPTED FIRMS CAN
BE
MANUFACTURERS/PRODUCERS, EXPORTERS, OR
MANUFACTURER/PRODUCER/EXPORTER COMBINATIONS.
UNLESS NOTED
OTHERWISE, ASSUME THE EXCEPTED FIRMS ARE MANUFACTURERS/PRODUCERS.
4.
FOR
LISTED
MANUFACTURERS/PRODUCERS,
LIQUIDATION
IS
TO
BE
SUSPENDED ON
ALL
ENTRIES
OF MERCHANDISE PRODUCED BY
THOSE
FIRMS
REGARDLESS OF EXPORTER.
CUSTOMS MUST ASCERTAIN
MANUFACTURERS/PRODUCERS OF ALL ENTRIES OF THIS MERCHANDISE.
IF
THE
LISTED FIRM
IS SPECIFICALLY IDENTIFIED AS
AN EXPORTER, SUSPEND ALL
ENTRIES THAT
IN
ANY
WAY INVOLVES THIS EXPORTER.
IF
THE EXCEPTED
FIRMS IS A MANUFACTURER/PRODUCER/EXPORTER COMBINATION THE SUSPENSION
INSTRUCTIONS APPLY ONLY
TO ENTRIES THAT INVOLVE THIS COMBINATION OF
FIRMS.
5.
THIS
TELEX CONSTITUTES 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 THE MERCHANDISE AT THE CURRENT RATES.
6. WHENEVER THE USE OF THESE INSTRUCTIONS RESULTS IN
THE ASSESSMENT
OF
DUMPING DUTIES
YOU
SHOULD REQUIRE
OF
THE
IMPORTER PRIOR
TO
LIQUIDATION THE REIMBURSEMENT STATEMENT DESCRIBED IN
SECTION 353.26
LATIONS.
OF
THE COMMERCE DEPARTMENT REGULATIONS.
IF
THE IMPORTER
HAS
BEEN REIMBURSED ANTIDUMPING DUTIES OR FAILS TO RESPOND TO
YOUR
FORMAL REQUEST (VIA CFR
28
OR
29) FOR THE REIMBURSEMENT STATEMENT
PRIOR
TO LIQUIDATION, CUSTOMS SHOULD DOUBLE
THE ANTIDUMPING DUTIES
DUE IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION.
7.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY
THE CUSTOMS SERVICE ON
ENTRIES OF
THIS MERCHANDISE IS SUBJECT TO
THE PROVISION OF SECTION
778
OF
THE
TARIFF
ACT
OF
1930,
WHICH
REQUIRE
INTEREST
ON
OVERPAYMENTS OR UNDERPAYMENTS OF
THE AMOUNTS DEPOSITED AS ESTIMATED
ANTIDUMPING DUTIES.
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.
8.
IF
THERE
ARE
ANY QUESTIONS REGARDING THIS MATTER
BY
CUSTOMS
OFFICERS PLEASE CONTACT THE IMPORT SPECIALIST DIVISION, OTHER AGENCY
BRANCH VIA E-MAIL
TO ATTRIBUTE HQ
OAB.
THE IMPORTING PUBLIC
AND
OTHER INTERESTED PARTIES SHOULD CONTACT THE ANALYST IN CHARGE OF THE
CASE (202) 482-5253, OFFICE OF ANTIDUMPING COMPLIANCE, INTERNATIONAL
TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.
9. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS TELEX.
NANCY MCTIERNAN