MESSAGE NO: 3363202 DATE: 12 29 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 533 - 809 - -
- - - -
- - - -

PERIOD COVERED: 02 01 2002 TO 01 31 2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: PARTIAL LIQUIDATION OF CERTAIN FORGED STAINLESS STEEL
FLANGES FROM INDIA - PARTIAL RECISSION OF
ADMINISTRATIVE REVIEW (A-533-809)


1. ON 03/25/2003, THE DEPARTMENT OF COMMERCE INITIATED AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON CERTAIN
FORGED STAINLESS STEEL FLANGES FROM INDIA FOR THE PERIOD COVERING
02/01/2002 THROUGH 01/31/2003 (68 FR 14394).

2. CUSTOMS MESSAGE NUMBER 3310206 (DATED 11/06/2003) INDICATES
THAT ENTRIES DURING THE PERIOD COVERING 02/01/2002 THROUGH
01/31/2003 FOR SEVERAL COMPANIES, INCLUDING SHREE GANESH FORGING,
SHOULD NOT BE LIQUIDATED.

3. ON 11/10/2003, THE DEPARTMENT OF COMMERCE RESCINDED THE
ADMINISTRATIVE REVIEW WITH RESPECT TO SHREE GANESH FORGING (68 FR
63758).

4. IN ACCORDANCE WITH SECTION 351.212(c) OF THE DEPARTMENT OF
COMMERCE'S REGULATIONS, FOR ENTRIES FOR SHREE GANESH FORGING FOR
THE PERIOD COVERING 02/01/2002 THROUGH 01/31/2003, YOU ARE TO
ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT OR BONDING
RATE AT THE TIME OF ENTRY.

5. THIS E-MAIL MESSAGE CONSTITUTED THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE FIRM AND MERCHANDISE
LISTED ABOVE DURING THE INDICATED PERIOD. FOR ALL OTHER
SHIPMENTS OF CERTAIN FORGED STAINLESS STEEL FLANGES FROM INDIA
YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT
THE CURRENT RATES.

6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE U.S. CUSTOMS AND
BORDER PROTECTION (CBP) ON ENTRIES OF THIS MERCHANDISE IS SUBJECT
TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930.
SECTION 778 REQUIRES THAT THE CBP 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.

7. UPON ASSESSMENT OF ANTIDUMPING DUTIES, THE CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED
IN SECTION 351.402(f)(2) OF THE DEPARTMENT OF COMMERCE'S
REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER HAS
BEEN REIMBURSED ANTIDUMPING DUTIES, THE CBP 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, THE CBP SHOULD PRESUME
REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
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) 482-0984 (G3O8:SB).

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


CATHY SAUCEDA