MESSAGE NO: 4083201 DATE: 03 23 2004
CATEGORY: ADA TYPE: LIQ
REFERENCE: 2283201 REFERENCE DATE: 10 10 2002
CASES: A - 423 - 808 - -
- - - -
- - - -

PERIOD COVERED: 11 04 1998 TO 04 30 2000

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR STAINLESS STEEL PLATE IN
COILS FROM BELGIUM (A-423-808)


1. ON SEPTEMBER 29, 2003, THE U.S. COURT OF INTERNATIONAL TRADE
(CIT) ISSUED A JUDGMENT IN ALLEGHENY LUDLUM CORPORATION, ET AL V.
UNITED STATES AND ALZ, N.V.(COURT NO. 01-01091) (SLIP OP. 03-126)
AFFIRMING THE DEPARTMENT OF COMMERCE'S FINAL RESULTS OF ITS
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER (A-423-808)
ON STAINLESS STEEL PLATE IN COILS FROM BELGIUM FOR THE PERIOD
NOVEMBER 4, 1998 THROUGH APRIL 30, 2000, AS PUBLISHED IN THE
FEDERAL REGISTER ON NOVEMBER 7, 2001 (FINAL RESULTS). SEE 66 FR
56272.

2. IN ACCORDANCE WITH THE CIT'S SEPTEMBER 29, 2003 JUDGMENT, THE
PRELIMINARY INJUNCTION ISSUED BY THE CIT ON MARCH 6, 2002,
ENJOINING COMMERCE FROM LIQUIDATING ENTRIES AT THE RATE
DETERMINED BY COMMERCE IN THE FINAL RESULTS, THAT WERE EXPORTED
BY ALZ, N.V. BETWEEN NOVEMBER 4, 1998 AND APRIL 30, 2000, IS
DISSOLVED. SEE MESSAGE NUMBER 2283201, DATED OCTOBER 10, 2002.

3. IN FURTHER ACCORDANCE WITH THIS JUDGMENT, FOR ALL SHIPMENTS
OF STAINLESS STEEL PLATE IN COILS FROM BELGIUM EXPORTED BY ALZ,
N.V. (A-423-808-001) AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIOD JANUARY 2, 1999 THROUGH MAY 2,
1999, AND JANUARY 1, 2000 THROUGH APRIL 30, 2000, YOU ARE NOW
INSTRUCTED TO LIQUIDATE AT 24.43 PERCENT OF ENTERED VALUE.

4. IN ACCORDANCE WITH THE INJUNCTION ISSUED BY THE CIT DATED
DECEMBER 10, 2001 (CASE # 01-00834), ENJOINING LIQUIDATION OF
CERTAIN ALZ, N.V. ENTRIES WHICH ARE SUBJECT TO THE COUNTERVAILING
DUTY ORDER ON STAINLESS STEEL PLATE IN COILS FROM BELGIUM (C- 423
-
809), DO NOT LIQUIDATE FOR THE PERIOD SEPTEMBER 4, 1998 THROUGH
JANUARY 1, 1999 (SEE MESSAGE # 3357201, DATED DECEMBER 23, 2003),
AND MAY 11, 1999 THROUGH DECEMBER 31, 1999 (SEE MESSAGE #
3351206, DATED DECEMBER 17, 2003) UNTIL FURTHER NOTICE.

5. FOR THE PERIOD MAY 3, 1999 THROUGH MAY 10, 1999 , YOU ARE
INSTRUCTED TO LIQUIDATE WITHOUT REGARD TO ANY ANTIDUMPING DUTIES.

6. THE ASSESSMENT 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 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.

7. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP 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, CBP 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, 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 (GENERATED BY G307:EB).

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

CATHY SAUCEDA