MESSAGE NO: 4030201 DATE: 01 30 2004
CATEGORY: ADA TYPE: LIQ
REFERENCE: 2280206 REFERENCE DATE: 10 07 2002
CASES: A - 201 - 817 A - 201 - 215
A - 201 - 216 - -
- - - -

PERIOD COVERED: 08 01 1998 TO 07 31 1999

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR OIL COUNTRY TUBULAR GOODS
FROM MEXICO (A-201-817/A-201-215/A-201-216)


1. THIS MESSAGE REPLACES MESSAGE 2280206 (DATED 10/07/2002) AND
MESSAGE 2228207 (DATED 08/16/2002), BOTH OF WHICH PERTAINED TO
OIL COUNTRY TUBULAR GOODS FROM MEXICO (COMMERCE CASE NUMBER
A-201-817, U.S. CUSTOMS AND BORDER PROTECTION CASE NUMBERS
A-201-215 AND A-201-216) FOR THE PERIOD 08/01/1998 THROUGH
07/31/1999.

2. MESSAGE 2228207 PROVIDED LIQUIDATION INSTRUCTIONS FOR ENTRIES
MANUFACTURED/EXPORTED BY TUBOS DE ACERO DE MEXICO (TAMSA), BY
HYLSA S.A. DE C.V. (HYLSA), AND BY ALL OTHERS. MESSAGE 2280206
MADE CHANGES TO THE INSTRUCTIONS IN MESSAGE 2228207, TO PREVENT
THE LIQUIDATION OF ENTRIES MANUFACTURED/EXPORTED BY TAMSA OR
HYLSA.

3. HOWEVER, PARAGRAPH 4 OF MESSAGE 2280206, IT HAS BEEN NOTED,
MAY SUGGEST THAT NO ENTRIES OF OIL COUNTRY TUBULAR GOODS DURING
THE PERIOD 08/01/1998 THROUGH 07/31/1999 MAY BE LIQUIDATED, WHEN
IN FACT THE INTENT WAS TO ONLY CONTINUE SUSPENSION OF LIQUIDATION
OF ENTRIES MANUFACTURED/EXPORTED BY TAMSA OR HYLSA. PARAGRAPH 4
OF MESSAGE 2280206 IN EFFECT MAY BE READ TO HAVE NEGATED THE
AUTOMATIC LIQUIDATION INSTRUCTIONS THAT HAD BEEN PREVIOUSLY
ISSUED FOR THE 08/01/1998 THROUGH 07/31/1999 PERIOD FOR OIL
COUNTRY TUBULAR GOODS FROM MEXICO (SEE MESSAGE 0297217, DATED
10/23/2000).

4. FOR ALL SHIPMENTS OF OIL COUNTRY TUBULAR GOODS FROM MEXICO NOT
MANUFACTURED/EXPORTED BY TAMSA OR HYLSA, ENTERED OR WITHDRAWN
FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 08/01/1998
THROUGH 07/31/1999, ASSESS ANTIDUMPING DUTIES AT THE CASH DEPOSIT
OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY.
5. FOR ALL OTHER SHIPMENTS OF OIL COUNTRY TUBULAR GOODS FROM
MEXICO (I.E., MANUFACTURED/EXPORTED BY TAMSA OR HYLSA), ENTERED
OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
08/01/1998 THROUGH 07/31/1999, DO NOT LIQUIDATE THE ENTRIES IN
QUESTION. RATHER, FOR THE PERIOD 08/01/1998 THROUGH 07/31/1999,
CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES MANUFACTURED/EXPORTED
BY TAMSA AND CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES
MANUFACTURED/EXPORTED BY HYLSA.

6. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED IN PARAGRAPH 4 ABOVE.

7. 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 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 PAYMENT OF
ESTIMATED ANTIDUMPING DUTIES IS REQUIRED 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. 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 CERTIFIES THAT IT HAS AN AGREEMENT WITH THE
EXPORTER TO BE REIMBURSED ANTIDUMPING DUTIES, U.S. CUSTOMS AND
BORDER PROTECTION SHOULD DOUBLE THE ANTIDUMPING DUTIES 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,
U.S. CUSTOMS AND BORDER PROTECTION SHOULD PRESUME REIMBURSEMENT
AND DOUBLE THE ANTIDUMPING DUTIES DUE.

9. 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) 482-0984
(GENERATED BY G3O8:SB).

10. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.

CATHY SAUCEDA