MESSAGE NO: 4069113 DATE: 03 10 1994
CATEGORY: ADA TYPE: OTH
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 206 - -
- - - -
- - - -

PERIOD COVERED: 03 02 1994 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: NOTICE OF COURT DECISION COVERING CEILING FANS FROM
THE "PRC" (A-570-206)


1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON MARCH 2, 1994, NOTICE OF A COURT DECISION REGARDING THE
ANTIDUMPING ORDER ON CEILING FANS FROM THE PEOPLE'S REPUBLIC OF
CHINA. (A-570-807).

2. ON JANUARY 5, 1994, THE UNITED STATES COURT OF INTERNATIONAL
TRADE AFFIRMED THE DEPARTMENT OF COMMERCE'S MAY 14, 1993, REMAND
DETERMINATION REGARDING CEC ELECTRICAL MANUFACTURING
(INTERNATIONAL) COMPANY, LTD.: CEC INDUSTRIES (SHENZHEN) LTD.;
AND CEC (USA) TEXAS GROUP, INC. (COLLECTIVELY "CEC") (SEE SLIP
OP. 94-2). THE REMAND RESULTED IN A FINDING OF A DE MINIMIS
MARGIN AND A NEGATIVE DETERMINATION OF SALES AT LESS THAN FAIR
VALUE FOR THE CEILING FAN INVESTIGATION OF CEC. THEREFORE CEC IS
EXCLUDED FROM THE ANTIDUMPING DUTY ORDER ON CEILING FANS FROM THE
PRC.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER (A-570-807). THIS NUMBER SHOULD BE USED
WHEN DEALING WITH THE DEPARTMENT OF COMMERCE ONLY.

FOR CUSTOMS PURPOSES ONLY, THE IDENTIFICATION NUMBER IS
(A-570-206).

4. BASED ON THE REMAND RESULTS, THE U.S. CUSTOMS SERVICE SHOULD
TERMINATE THE SUSPENSION OF LIQUIDATION OF SUBJECT MERCHANDISE OF
CEC ENTERED OR WITHDRAWN FOR CONSUMPTION ON OR AFTER OCTOBER 25,
1991, AND SHOULD LIQUIDATE ENTRIES WITHOUT REGARD TO ANTIDUMPING
DUTIES. ADDITIONALLY, YOU SHOULD RELEASE ALL CASH DEPOSITS OR
BONDS POSTED ON ENTRIES OF SUBJECT MERCHANDISE FROM CEC WHICH
ENTERED THE UNITED STATES ON OR AFTER OCTOBER 25, 1991.




5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF
1930, WHICH REQUIRES INTEREST TO BE PAID ON OVERPAYMENTS AND
UNDERPAYMENTS OF AMOUNTS DEPOSITED AS ESTIMATED DUMPING DUTIES.
CALCULATE INTEREST FROM THE DATE OF PAYMENT OF ESTIMATED DUMPING
DUTIES THROUGH THE DATE OF LIQUIDATION, USING THE RATE IN EFFECT
UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE FOR SUCH PERIOD.

6. DUE TO THE NEGATIVE DETERMINATION WITH REGARD TO CEC, THE
"ALL OTHERS" RATE APPLICABLE TO THIS ORDER HAS BEEN REDUCED.
CONSEQUENTLY, THE U.S. CUSTOMS SERVICE SHOULD CONTINUE TO SUSPEND
LIQUIDATION OF ALL ENTRIES THAT WERE ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER JANUARY 15, 1994, AT THE
MARGIN PERCENTAGES LISTED BELOW.



MANUFACTURER/PRODUCER CUSTOMS ID MARGIN
EXPORTER NUMBER PERCENTAGE

CEC ELECTRIC MANUFACTURING
(INTERNATIONAL) CO. A-570-206-001 EXCLUDED

CEC INDUSTRIES
(SHENZHEN) LTD. A-570-206-002 EXCLUDED

WING TAT ELECTRICAL A-570-206-003 1.65

CHINA MILES CO A-570-206-004 1.65

ALL OTHERS A-570-206-000 1.65

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICES, PLEASE CONTACT VIA E-MAIL, THROUGH THE REGIONAL
ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR, THE TRADE COMPLIANCE
DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH USING ATTRIBUTE
"HQ OAB". THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT JEFFERY B. DENNING, OFFICE OF ANTIDUMPING INVESTIGATIONS,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE AT (202) 482-4194.

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



NANCY MCTIERNAN