- Period Covered: 09/01/1988 to 08/31/1990
MESSAGE NO: 4116113
DATE: 04 26 1994
CATEGORY: ADA
TYPE: ADL
REFERENCE: 4101111
REFERENCE DATE: 04 11 1994
CASES:
A - 412 - 602
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PERIOD COVERED:
09 01 1988
TO
08 31 1990
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TRADE COMPLIANCE DIVISION
RE: ANTIDUMPING FINAL RESULTS OF ADMINISTRATIVE REVIEW 1989 -
1990 0F CERTAIN FORGED STEEL CRANKSHAFTS FROM THE UNITED
KINGDOM (A-412-602) AND LIQUIDATION INSTRUCTIONS.
1.
DISREGARD E-MAIL INSTRUCTIONS 4101111 DATED APRIL 11, 1994.
THE FOLLOWING IS AN AMENDMENT TO THOSE INSTRUCTIONS.
ENTRIES OF
UNITED ENGINEERING & FORGING (UEF) MADE DURING THE PERIODS
SEMPTEMBER 1, 1988 THROUGH AUGUST 31, 1989 AND SEPTEMBER 1, 1989,
THROUGH AUGUST 31, 1990 ARE ENJOINED FROM LIQUIDATION.
FOR ALL
OTHER ENTRIES, THE FOLLOWING INSTRUCTIONS ARE APPLICABLE.
THE DEPARTMENT OF COMMERCE HAD COMPLETED ITS ADMINISTRATIVE
REVIEW OF THE ANTIDUMPING DUTY ORDER ON CERTAIN FORGED STEEL
CRANKSHAFTS (CFSCS) FROM THE UNITED KINGDOM AND PUBLISHED THE
RESULTS IN THE FEDERAL REGISTER ON SEPTEMBER 27, 1993.
THE
PERIOD OF REVIEW WAS FROM SEPTEMBER 1, 1989, THROUGH AUGUST 31,
1990.
THE INSTRUCTIONS BELOW ARE FOR CASH DEPOSIT AND
APPRAISEMENT PURPOSES.
2.
THE RESULTS OF THIS REVIEW WERE CHALLENGED BY UEF BEFORE THE
COURT OF INTERNATIONAL TRADE.
A PRELIMINARY INJUNCTION WAS
GRANTED TO UEF ON FEBRUARY 25, 1994.
3.
THE PRODUCT COVERED BY THIS REVIEW ARE SHIPMENTS OF CERTAIN
FORGED STEEL CRANKSHAFTS.
THE TERM "CRANKSHAFTS," AS USED IN
THIS REVIEW, INCLUDED FORGED CARBON OR ALLOY STEEL CRANKSHAFTS
WITH A SHIPPING WEIGHT BETWEEN 40 AND 750 POUNDS, WHETHER
MACHINED OR UNMACHINED.
THE PRODUCTS ARE CURRENTLY CLASSIFIABLE
UNDER HTSUS ITEMS 8483.10.10 AND 8483.10.30.
NEITHER CAST
CRANKSHAFTS NOR FORGED CRANKSHAFTS WITH SHIPPING WEIGHTS OF LESS
THAN 40 POUNDS OR MORE THAN 750 POUNDS ARE SUBJECT TO THIS
REVIEW.
4.
ACCORDINGLY, FOR SHIPMENTS OF CFSCS FROM THE UNITED KINGDOM
THAT ARE ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER SEPTEMBER 27, 1993, CUSTOMS OFFICIALS SHALL REQUIRE A
CASH DEPOSIT EQUAL TO THE ESTIMATED MARGIN PERCENTAGES LISTED
BELOW.
MANUFACTURER/PRODUCER
CUSTOMS ID#
MARGIN PERCENTAGE
EXPORTER
UNITED ENGINEERING
A-412-602-001
9.77%
& FORGING (UEF)
ALL OTHER
A-412-602-000
6.55%
5.
THESE CASH DEPOSIT REQUIREMENTS WILL REMAIN IN EFFECT UNTIL
PUBLICATION OF THE FINAL RESULTS OF THE NEXT ADMINSTRATIVE
REVIEW.
6.
BECAUSE OF THE PRELIMINARY INJUNCTION NOTED ABOVE IN
PARAGRAPH 2, FOR ALL COMPANIES EXCEPT FOR UEF LIQUIDATE ENTRIES
OF THIS MERCHANDISE DURING THE PERIOD SEPTEMBER 1, 1989 THROUGH
AUGUST 31, 1990 AT THE RATE OF 6.55 PERCENT OF THE ENTERED VALUE.
7.
WHENEVER THE USE OF THE ABOVE VALUES RESULTS IN THE
ASSESSMENT OF ANTIDUMPING DUTIES, REQUIRE A REIMBURSEMENT
STATEMENT FROM THE IMPORTER PRIOR TO LIQUIDATION AS DESCRIBED IN
SECTION 353.26 OF THE COMMERCE DEPARTMENT REGULATIONS.
IF THE
IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES OR FAILS TO
RESPOND TO THE FORMAL REQUEST (VIA CF 28 OR 29) FOR THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, DOUBLE THE
ANTIDUMPING DUTIES DUE IN ACCORDANCE WITH THE ABOVE-REFERENCED
REGULATION.
8.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT OT THE PROVISONS OF
SECTION 778 OF THE TARIFF ACT OF 1930, WHICH REQUIRE INTEREST ON
OVERPAYMENTS OF UNDERPAYMENTS OF THE AMOUNTS DEPOSITED AS
ESTIMATED ANTIDUMPING DUTIES.
INTEREST SHALL BE CALCULATED FROM
THE DATE OF PAYMENT OF ESTIMATED ANTIDUMPING DUTIES THROUGH THE
DATE OF LIQUIIDATION.
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 CUSTOMS
OFFICERS, PLEASE CONTACT VIA EMAIL, THROUGH THE REGIONAL AD/CVD
COORDINATOR, THE TRADE COMPLIANCE DIVISION, ANTIDUMPING AND
COUNTERVAILING DUTY BRANCH, USING E-MAIL ATTRIBUTE "HQ OAB."THE
IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT
BRIAN SMITH OF THE OFFICE OF ANTIDUMPING INVESTIGATIONS, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, TELEPHONE (202) 482-1766.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN