MESSAGE NO: 4111112 DATE: 04 21 1994
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 210 - -
- - - -
- - - -

PERIOD COVERED: 03 25 1994 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: FINAL SCOPE RULING ON PROFESSIONAL ELECTRIC CUTTING
TOOLS FROM JAPAN (A-588-823)



1. ON MARCH 25, 1994, IN RESPONSE TO A REQUEST BY MAKITA
CORPORATION AND MAKITA U.S.A., THE DEPARTMENT OF COMMERCE
ISSUED A FINAL SCOPE RULING THAT MAKITA ELECTRONIC JIG SAW
MODEL 4303C FROM JAPAN IS NOT WITHIN THE SCOPE OF THE
ANTIDUMPING DUTY ORDER PROFESSIONAL ELECTRIC CUTTING TOOLS
(PECTS).

2. BASED ON AN ANALYSIS OF THE DEPARTMENT'S AND INTERNATIONAL
TRADE COMMISSION'S DETERMINATIONS, THE ORIGINAL
LESS-THAN-FAIR-VALUE INVESTIGATION AND THE PETITION, THE
DEPARTMENT OF COMMERCE DETERMINED THAT THE ABOVE-REFERENCED
MAKITA ELECTRONIC JIG SAW MODEL 4303C IS EXCLUDED FROM THE
SCOPE OF THE ORDER ON PECTS FROM JAPAN.

3. EFFECTIVE IMMEDIATELY, TERMINATE SUSPENSION AND LIQUIDATE
ALL UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF THE
MAKITA ELECTRIC JIG SAW MODEL 4303C FROM JAPAN.

4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF
ACT OF 1930, WHICH REQUIRE INTEREST TO BE CALCULATED ON THE
DIFFERENCE BETWEEN THE AMOUNTS DEPOSITED AS THE ESTIMATED
ANTIDUMPING DUTIES THROUGH THE DATE OF LIQUIDATION. THE
RATE OF INTEREST IS THE ONE IN EFFECT UNDER SECTION 6621 OF
THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.


5. REFUND ANY CASH DEPOSITS AND RELEASE ANY BONDS RELATING TO
THE MAKITA ELECTRONIC JIG SAW MODEL 4303C FROM JAPAN.

6. WHERE THE DEPARTMENT HAS NOT INSTRUCTED OTHERWISE, CONTINUE
TO SUSPEND LIQUIDATION ON ALL OTHER ENTRIES OF PECTS FROM
JAPAN.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, 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 OTHER
INTERESTED PARTIES SHOULD CONTACT DAVID L. GUGLIELMI AT
(202) 482-2704 OR WENDY J. FRANKEL AT (202) 482-5253, OF
THEOFFICE OF ANTIDUMPING COMPLIANCE, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

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

NANCY MCTIERNAN