MESSAGE NO: 3353204 DATE: 12 19 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 489 - 805 - -
- - - -
- - - -

PERIOD COVERED: 01 19 1996 TO 06 30 1997

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: TERMINATION OF ADMINISTRATIVE REVIEW AND LIQUIDATION OF
CERTAIN PASTA FROM TURKEY FROM NUH TICARET
(A-489-805-000)

1. ON 12/11/1998 (63 FR 68429), THE DEPARTMENT OF COMMERCE
TERMINATED THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY
ORDER ON CERTAIN PASTA FROM TURKEY (A-489-805) COVERING THE
COMPANY NOTED BELOW AND THE PERIOD 01/19/1996 THROUGH 06/30/1997,
BECAUSE THERE WERE NO SHIPMENTS FROM THIS COMPANY.

NUH TICARET (A-489-805-000)


2. IF CUSTOMS AND BORDER PROTECTION ("CBP")ARE HOLDING ANY
ENTRIES FOR NUH TICARET (A-489-805-000) FOR THE ABOVE REFERENCED
PERIOD ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT
OR BONDING RATE REQUIRED AT THE TIME OF ENTRY.

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

4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CBP 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 CBP PAY INTEREST ON OVERPAYMENTS AND ASSESS INTEREST ON
UNDERPAYMENTS, 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, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT 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 AND/OR COUNTERVAILING DUTIES, CBP SHOULD INCREASE
THE ANTIDUMPING DUTIES BY THE AMOUNT OF ANTIDUMPING AND/OR
COUNTERVAILING DUTIES REIMBURSED 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, CBP SHOULD PRESUME
REIMBURSEMENT AND INCREASE THE ANTIDUMPING DUTIES BY THE AMOUNT
OF ANTIDUMPING AND/OR COUNTERVAILING DUTIES REIMBURSED.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES PLEASE
CONTACT DAVINA HASHMI AT THE OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE AT (202) 482-0984 (GENERATED BY G204:SEF).

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


CATHY SAUCEDA