MESSAGE NO: 3314201 DATE: 11 10 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: 4349112 REFERENCE DATE: 12 15 1993
CASES: A - 357 - 804 - -
- - - -
- - - -

PERIOD COVERED: 03 29 1991 TO 08 31 1992

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTIFICATION OF PARTIAL RESCISSION OF ANTIDUMPING
ADMINISTRATIVE REVIEW OF ANTIDUMPING DUTY ORDER OF
SILICON METAL FROM ARGENTINA (A-357-804)

1. MESSAGE NUMBER 4349112, DATED 12/15/1993, INSTRUCTS U.S.
CUSTOMS AND BORDER PROTECTION TO LIQUIDATE ALL ENTRIES DURING THE
PERIOD 03/29/1991 THROUGH 08/31/1992 OF SILICON METAL FROM
ARGENTINA (A-357-804) FOR ALL FIRMS EXCEPT ELECTROMETALURGICA
ANDINA, SILARSA, AND PROPULSORA SIDERUGICA. THE DEPARTMENT OF
COMMERCE HAS PARTIALLY RESCINDED THE ADMINISTRATIVE REVIEW
COVERING THE PERIOD 03/29/1991 THROUGH 08/31/1992 AT THE REQUEST
OF PROPULSORA SIDERUGICA.

2. THIS NOTICE OF PARTIAL RESCISSION WAS PUBLISHED IN THE
FEDERAL REGISTER ON 08/23/1992 (58 FR 44499). FOR
MANUFACTURER/EXPORTER PROPULSORA SIDERUGICA, YOU ARE TO ASSESS
ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD LISTED BELOW FOR THE
CASH DEPOSIT OR BONDING RATE REQUIRED AT THE TIME OF ENTRY.

SILICON METAL FROM ARGENTINA

MANUFACTURER/EXPORTER CASE NUMBER PERIOD

PROPULSORA SIDERUGICA A-357-804 03/29/1991-08/31/1992


3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS
OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE
CURRENT RATES.

4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY U.S. CUSTOMS AND
BORDER PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO
THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION
778 REQUIRES THAT U.S. CUSTOMS AND BORDER PROTECTION PAYS
INTEREST ON OVERPAYMENTS. OR ASSESSES INTEREST ON UNDER PAYMENTS,
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. 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.

5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, U.S. CUSTOMS AND
BORDER PROTECTION SHOULD REQUIRE THAT THE IMPORTER PROVIDE A
REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 351.402(f)(2) OF
THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER SHOULD PROVIDE
THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY.
IF THE IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES, U.S.
CUSTOMS AND BORDER PROTECTION SHOULD DOUBLE THE ANTIDUMPING
DUTIES DUE IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER FAILS TO RESPOND TO YOUR FORMAL
REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR
TO LIQUIDATION, U.S. CUSTOMS AND BORDER PROTECTION SHOULD PRESUME
REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY U.S.
CUSTOMS AND BORDER PROTECTION OFFICERS, THE IMPORTING PUBLIC OR
INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI AT OFFICE OF AD/
CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-3818
(GENERATED BY G308:SB).

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

CATHY SAUCEDA