- Period Covered: 12/01/1991 to 11/30/1992
MESSAGE NO: 3259112
DATE: 09 16 1993
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 583 - 806
A - 583 - 508
A - 307 - 801
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PERIOD COVERED:
12 01 1991
TO
11 30 1992
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, IMPORT SPECIALIST DIVISION
RE: LIQUIDATION INSTRUCTIONS ON VARIOUS
1. THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY CONDUCTS
ADMINISTRATIVE REVIEWS OF ANTIDUMPING FINDINGS/ORDERS.
INSTEAD,
REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 353.22 OF
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
THE COMMERCE 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MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION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.
SMALL BUSINESS TELEPHONE SYSTEMS
PERIOD
AND SUBASSEMBLIES FROM TAIWAN
A-583-806
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
12/1/91 - 11/30/92
BITRONIC TELECOMS CO., LTD.
TECOM CO., LTD.
COOKING WARE FROM TAIWAN
PERIOD
A-583-508
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
12/1/91 - 11/30/92
ALUMINUM SULFATE FROM VENEZUELA
PERIOD
A-307-801
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
12/1/91 - 11/30/92
3. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL 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 OF THE COMMERCE DEPARTMENT REGULATIONS.
IF THE
IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES OR FAILS TO
RESPOND TO YOUR FORMAL REQUEST (VIA CF 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 TRADE COMPLIANCE DIVISION,
COUNTERVAILING/DUMPING BRANCH, BY 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