MESSAGE NO: 4037203 DATE: 02 06 2004
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 802 - -
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PERIOD COVERED: 01 01 2000 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: ANTIDUMPING SCOPE RULING ON 3.5-INCH MICRODISKS AND
COATED MEDIA THEREOF FROM JAPAN (A-588-802)


1. ON 10/23/1996, IN RESPONSE TO A REQUEST BY TDK CORPORATION
AND TDK ELECTRONICS CORPORATION ("TEC") (COLLECTIVELY, "TDK"),
THE DEPARTMENT OF COMMERCE ("THE DEPARTMENT") ISSUED A FINAL
SCOPE RULING THAT TDK'S COATED MEDIA WEB ROLL, NOT CUT INTO MEDIA
COOKIES IS WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER
COVERING 3.5-INCH MICRODISKS AND COATED MEDIA THEREOF
(MICRODISKS) FROM JAPAN (A-588-802).

2. THE DEPARTMENT DETERMINED THAT TDK'S COATED MEDIA WEB ROLL,
NOT CUT INTO MEDIA COOKIES IS DEDICATED FOR USE IN 3.5-INCH
MICRODISKS AND, THEREFORE, FOUND THIS PRODUCT TO BE WITHIN THE
SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING MICRODISKS FROM
JAPAN (A-588-802).

3. EFFECTIVE 01/01/2000, THE DEPARTMENT REVOKED THE ANTIDUMPING
DUTY ORDER ON 3.5-INCH MICRODISKS AND COATED MEDIA THEREOF FROM
JAPAN (A-588-802).

4. THEREFORE, CBP IS DIRECTED BY THE DEPARTMENT TO TERMINATE THE
SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF TDK'S COATED MEDIA
WEB ROLL, NOT CUT INTO MEDIA COOKIES LISTED ABOVE, SUBJECT TO THE
ANTIDUMPING DUTY ORDER COVERING MICRODISKS FROM JAPAN
(A-588-802), ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
BEFORE 01/01/2000, AND LIQUIDATE AT THE CASH DEPOSIT RATE IN
EFFECT ON THE DATE OF THE ENTRY.

5. FOR ALL SHIPMENTS OF TDK'S COATED MEDIA WEB ROLL, NOT CUT
INTO MEDIA COOKIES LISTED ABOVE, SUBJECT TO THE ANTIDUMPING DUTY
ORDER COVERING MICRODISKS FROM JAPAN (A-588-802), ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 01/01/2000
LIQUIDATE WITHOUT REGARD TO ANTIDUMPING DUTY DUTIES (I.E.,
RELEASE ALL BONDS AND REFUND ALL CASH DEPOSITS).

6. FOR ALL OTHER SHIPMENTS OF TDK'S 3.5-INCH MICRODISKS AND
COATED MEDIA THEREOF FROM JAPAN (A-588-802), ENTERED OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 04/01/1994 BUT BEFORE
01/01/2000, LIQUIDATE AT THE CASH DEPOSIT RATE IN EFFECT ON THE
DATE OF THE ENTRY.

7. HOWEVER, FOR ALL OTHER SHIPMENTS OF TDK'S 3.5-INCH MICRODISKS
AND COATED MEDIA THEREOF FROM JAPAN (A-588-802), ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 01/01/2000
LIQUIDATE WITHOUT REGARD TO ANTIDUMPING DUTY DUTIES (I.E.,
RELEASE ALL BONDS AND REFUND ALL CASH DEPOSITS).

8. THE ASSESSEMNT OF ANTIDUMPING DUTIES BY 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 PAYS 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.

9. 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 (GENERATED BY
GIIO4:RT).

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

CATHY SAUCEDA