MESSAGE NO: 3283111 DATE: 10 09 1992
CATEGORY: ADA TYPE: OTH
REFERENCE: REFERENCE DATE:
CASES: A - 508 - 604 - -
- - - -
- - - -

PERIOD COVERED: 08 01 1990 TO 07 31 1991

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: LIQUIDATION INSTRUCTIONS FOR INDUSTRIAL PHOSPHORIC ACID
FROM ISRAEL AND NOTICE OF COURT INJUNCTION FOR NEGEV AND
ROTEM

1. FOR ALL SHIPMENTS OF INDUSTRIAL PHOSPHORIC ACID FROM ISRAEL
MANUFACTURED BY HAIFA CHEMICALS (A-508-604-002), WHICH WERE
ENTERED DURING THE PERIOD OF REVIEW, AUGUST 1, 1990 THROUGH
JULY 31, 1991, ANTIDUMPING DUTIES SHOULD BE ASSESSED AT THE
RATE OF 6.82 PERCENT AD VALOREM. SEPARATE INSTRUCTIONS WILL
BE ISSUED REGARDING THE ASSESSMENT OF COUNTERVAILING DUTIES.

2. PURSUANT TO AN ORDER FROM THE COURT OF APPEALS FOR THE
FEDERAL CIRCUIT (FMC CORPORATION V. UNITED STATES, SLIP. OP.
92-1366, DATED AUGUST 27, 1992) THE UNITED STATES IS ENJOINED
FROM LIQUIDATING ANY ENTRIES ENTERED DURING THE
ABOVE-REFERENCED PERIOD OF REVIEW, OR ANY TIME THEREAFTER,
FROM NEGEV PHOSHATES, LTD. (A-508-604-001) OR ROTEM
FERTILIZERS, LTD. (A-508-604-003). THEREFORE, CONTINUE TO
SUSPEND LIQUIDATION OF ALL ENTRIES FROM NEGEV PHOSPHATES,
LTD. AND ROTEM FERTILIZERS, LTD.


3. IN ACCORDANCE WITH C.I.E. N-15/18 DATED APRIL 21, 1988,
REPORT TO CUSTOMS SERVICE HEADQUARTERS ANY DUMPING DUTIES
DUE. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS
SERVICE IS SUBJECT TO THE PROVISION OF SECTION 778 OF THE
TARIFF ACT, WHICH REQUIRES INTEREST ON OVERPAYMENTS OR
UNDERPAYMENTS OF THE AMOUNTS DEPOSITED AS ESTIMATED DUMPING
DUTIES. 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. INTEREST SHALL BE CALCULATED
FROM THE DATE OF PAYMENT OF ESTIMATED DUTIES THROUGH THE DATE
OF LIQIDATION.

4. IMMEDIATELY, FORWARD TO CUSTOMS SERVICE HEADQUARTERS ANY
INFORMATION ON FILE WHICH MIGHT AFFECT THE APPRAISED VALUES
UNDER THE ANTIDUMPING PROVISIONS, WITH AN EXPLANTION OF THE
CIRCUMSTANCES UNDER WHICH IT WAS RECEIVED. IN SUCH A CASE,
SUSPEND LIQUIDATION OF AFFECTED ENTRIES UNTIL A DECISION IS
MADE CONCERNING THE APPLICABILITY OF THE ADDITIONAL
INFORMATION.

5. WHENEVER THE USE OF THESE INSTRUCTIONS RESULTS IN THE
ASSESSMENT OF ANTIDUMPING DUTIES, REQUIRE OF THE IMPORTER,
PRIOR TO LIQUIDATION, THE REIMBURSEMENT STATEMENT DESCRIBED
IN SECTION 353.26 OF THE COMMERCE DEPARTMENT REGULATIONS.
IMPORTERS WERE ADVISED OF THE REQUIREMENT WHEN THE FINAL
RESULTS OF THE ADMINISTRATIVE REVIEW WERE PUBLISHED IN THE
FEDERAL REGISTER. COMMERCE HAS AUTHORIZED CUSTOMS TO DOUBLE
THE ANTIDUMPING DUTIES IF THE IMPORTER FAILS TO PROVIDE THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION.

6. YOU MAY RELEASE APPRAISED VALUES TO THE INDIVIDUAL IMPORTER
CONCERNED OR HIS AUTHORIZED REPRESENTATIVE. YOU MAY NOT
RELEASE ANY DETAILS OF THE CALCULATIONS OF APPRAISED VALUES
WITHOUT AUTHORIZATION OF CUSTOMS SERVICE HEADQUARTERS.


7. EFFECTIVE AS OF THE DATE OF ISSUANCE OF THIS EMAIL MESSAGE
YOU SHOULD NO LONGER SUSPEND LIQUIDATION OF ENTRIES
MANUFACTURED BY HAIFA CHEMICALS COVERED BY THIS EMAIL FOR
DUMPING PURPOSES AND YOU SHOULD PROCEED WITH LIQUIDATION
ACCORDINGLY.

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 PARTY SHOULD CONTACT
THE OFFICE OF COUNTERVAILING COMPLIANCE, IMPORT
ADMINISTRATION, DEPARTMENT OF COMMERCE (202) 482-2786.


NANCY MCTIERNAN