MESSAGE NO: 4130119 DATE: 05 10 1994
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 423 - 077 A - 122 - 506
A - 122 - 401 A - 427 - 030
A - 427 - 078 A - 428 - 061

PERIOD COVERED: 06 01 1992 TO 05 31 1993

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: NON ADMINISTIVE REVIEW LIQUIDATION INSTRUCTIONS FOR
PERIOD 6/1/92 THROUGH 5/31/93


PASS TO IMPORT SPECIALISTS, CUSTOMS BROKERS, AND OTHER INTERESTED
PARTIES

1. THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY CONDUCTS
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY FINDINGS/ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 353.22
OF THE COMMERCE REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY FINDING/ORDER FOR
CERTAIN PERIODS ON THE MERCHANDISE LISTED BELOW, EXCEPT FOR THE
FIRMS NOTED. THEREFORE, IN ACCORDANCE WITH SECTION 353.22(e) OF THE
COMMERCE REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
DURING THE PERIODS LISTED BELOW AT THE CASH DEPOSIT OR BONDING RATE
REQUIRED AT THE TIME OF ENTRY.

SUGAR FROM BELGIUM PERIOD

A-423-077

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 6/1/92 - 5/31/93

OIL COUNTRY TUBULAR GOODS FROM CANADA PERIOD

A-122-506

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 6/1/92 - 5/31/93

IPSCO, INC.

RED RASPBERRIES FROM CANADA PERIOD

A-122-401

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 6/1/92 - 5/31/93

CLEARBROOK PACKERS, INC.
VALLEY BERRIES, INC.

LARGE POWER TRANSFORMERS FROM FRANCE PERIOD

A-427-030

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 6/1/92 - 5/31/93

JEUMONT-SCHNEIDER

SUGAR FROM FRANCE PERIOD

A-427-078

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 6/1/92 - 5/31/93

BARIUM CARBONATE FROM GERMANY PERIOD

A-428-061

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 6/1/92 - 5/31/93

3. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE LIQUIDATED
UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE COMPLETION OF THE
ADMINISTRATIVE REVIEW. THE EXCEPTED FIRMS CAN BE
MANUFACTURERS/PRODUCERS, EXPORTERS, OR
MANUFACTURER/PRODUCER/EXPORTER COMBINATIONS. UNLESS NOTED
OTHERWISE, ASSUME THE EXCEPTED FIRMS ARE MANUFACTURERS/PRODUCERS.

4. FOR LISTED MANUFACTURERS/PRODUCERS, LIQUIDATION IS TO BE
SUSPENDED ON ALL ENTRIES OF MERCHANDISE PRODUCED BY THOSE FIRMS
REGARDLESS OF EXPORTER. CUSTOMS MUST ASCERTAIN
MANUFACTURERS/PRODUCERS OF ALL ENTRIES OF THIS MERCHANDISE. IF THE
LISTED FIRM IS SPECIFICALLY IDENTIFIED AS AN EXPORTER, SUSPEND ALL
ENTRIES THAT IN ANY WAY INVOLVES THIS EXPORTER. IF THE EXCEPTED
FIRMS IS A MANUFACTURER/PRODUCER/EXPORTER COMBINATION THE SUSPENSION
INSTRUCTIONS APPLY ONLY TO ENTRIES THAT INVOLVE THIS COMBINATION OF
FIRMS.

5. THIS TELEX CONSTITUTES THE IMMEDIATE LIFTING OF SUSPENSION OF
LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIODS LISTED ABOVE.
YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING
DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.

6. WHENEVER THE USE OF THESE INSTRUCTIONS RESULTS IN THE ASSESSMENT
OF DUMPING DUTIES YOU SHOULD REQUIRE OF THE IMPORTER PRIOR TO
LIQUIDATION REIMBURSEMENT STATEMENT DESCRIBED IN SECTION 353.26 OF
THE COMMERCE DEPARTMENT REGULATIONS. IF THE IMPORTER HAS BEEN
REIMBURSED ANTIDUMPING DUTIES OR FAILS TO RESPOND TO YOUR FORMAL
REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATIONS, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES DUE IN
ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION.

7. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE ON
ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION
778 OF THE TARIFF ACT OF 1930, WHICH REQUIRE INTEREST ON
OVERPAYMENTS OR 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
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.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTERBY 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 THE ANALYST IN CHARGE OF THE CASE (202) 482-5253, OFFICE OF
ANTIDUMPING COMPLIANCE, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

9. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS TELEX.


NANCY MCTIERNAN