MESSAGE NO: 4133202 DATE: 05 12 2004
CATEGORY: ADA TYPE: LIQ
REFERENCE: 2255215 REFERENCE DATE: 09 12 2002
CASES: A - 201 - 802 - -
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PERIOD COVERED: 08 01 1995 TO 07 31 1996

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR GRAY PORTLAND CEMENT AND
CLINKER FROM MEXICO FOR THE PERIOD 8/1/1995 THROUGH
7/31/1996 (A-201-802).

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

1. MESSAGE NUMBER 2255215, DATED 9/12/2002, NOTIFIED U.S.
CUSTOMS AND BORDER PROTECTION (CBP) OFFICERS THAT CEMEX, S.A. DE
C.V. (CEMEX), AND CEMENTOS DE CHIHUAHUA, S.A. DE C.V. (CDC) (NOW
KNOWN AS GCC CEMENTO, S.A. DE C.V. (GCCC)), REQUESTED A
BINATIONAL PANEL REVIEW TO CONTEST COMMERCE'S FINAL RESULTS WITH
RESPECT TO THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY
ORDER ON GRAY PORTLAND CEMENT AND CLINKER FROM MEXICO COVERING
THE PERIOD 8/1/1995 THROUGH 7/31/1996.

2. ACCORDINGLY, YOU WERE INSTRUCTED TO CONTINUE TO SUSPEND
LIQUIDATION OF ALL ENTRIES OF GRAY PORTLAND CEMENT AND CLINKER
FROM MEXICO MANUFACTURED OR EXPORTED BY CEMEX (A-201-802-001),
WHICH WAS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
DURING THE PERIOD 8/1/1995 THROUGH 7/31/1996.

3. SIMILARLY, YOU WERE INSTRUCTED TO CONTINUE TO SUSPEND
LIQUIDATION OF ALL ENTRIES OF GRAY PORTLAND CEMENT AND CLINKER
FROM MEXICO MANUFACTURED OR EXPORTED BY CDC (A-201-802-004),
WHICH WAS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
BY RIO GRANDE PORTLAND CEMENT CORPORATION (RIO GRANDE) DURING THE
PERIOD 8/1/1995 THROUGH 7/31/1996.

4. LITIGATION UNDER THE NORTH AMERICAN FREE TRADE AGREEMENT (
NAFTA) STILL CONTINUES, SO CONDITIONS ESTABLISHED IN MESSAGE
NUMBER 2255215 STILL APPLY WITH RESPECT TO CEMEX AND CDC.
THEREFORE, ENTRIES OF MERCHANDISE COVERED BY MESSAGE NUMBER
2255215 SHOULD NOT BE LIQUIDATED UNTIL YOU RECEIVE SPECIFIC
INSTRUCTIONS AFTER THE COMPLETION OF THE NAFTA LITIGATION.

5. IF YOU ARE STILL SUSPENDING LIQUIDATION ON ANY ENTRIES OF
GRAY PORTLAND CEMENT AND CLINKER FROM MEXICO DURING THE PERIOD
8/1/1995 THROUGH 7/31/1996 THAT ARE NOT COVERED BY MESSAGE
2255215, YOU SHOULD NOW ASSESS ANTIDUMPING DUTIES AT THE CASH-
DEPOSIT RATE IN EFFECT ON THE DATE OF THE ENTRY.

6. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE MERCHANDISE
AND PERIOD DESCRIBED IN PARAGRAPH 5. FOR ALL OTHER SHIPMENTS OF
GRAY PORTLAND CEMENT AND CLINKER FROM MEXICO YOU SHALL, UNLESS
OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF
ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT
RATES.

7. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CBP 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 WHICH IS AUGUST 30,
1990. 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.

8. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED
IN SECTION 353.26 (1996) 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, CUSTOMS 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,
CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING
DUTIES DUE.

9. 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
G1O3:BJE).

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

CATHY SAUCEDA