MESSAGE NO: 4160203 DATE: 06 08 2004
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 201 - 215 A - 201 - 817
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PERIOD COVERED: 08 01 2002 TO 07 31 2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION AND NOTIFICATION OF RESCISSION-ANTIDUMPING
ADMINISTRATIVE REVIEW OF OIL COUNTRY TUBULAR GOODS FROM
MEXICO (A-201-215/A-201-817)

1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON OIL
COUNTRY TUBULAR GOODS FROM MEXICO (CUSTOMS AND BORDER PROTECTION
(CBP) CASE NUMBER A-201-215, COMMERCE CASE NUMBER A-201-817),
COVERING THE PERIOD 08/01/2002 THROUGH 07/31/2003 WAS RESCINDED
WITH RESPECT TO TUBOS DE ACERO DE MEXICO S.A. (TAMSA) ON
02/10/2004 (69 FR 6254). AFTER FORWARDING A NO-SHIPMENT INQUIRY
TO THE U.S. BUREAU OF CUSTOMS AND BORDER PROTECTION AND REVIEWING
ENTRY INFORMATION, COMMERCE DETERMINED THAT THE ONLY ENTRIES FOR
CONSUMPTION DURING THE AFOREMENTIONED PERIOD OF TAMSA OIL COUNTRY
TUBULAR GOODS WERE EXPORTED FROM A THIRD COUNTRY OR PARTY WITHOUT
TAMSA'S KNOWLEDGE.

2. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT
REGULATION ON 05/06/2003 (68 FR 23954), FOR ALL SHIPMENTS OF OIL
COUNTRY TUBULAR GOODS FROM MEXICO, PRODUCED BY TAMSA, ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
08/01/2002 THROUGH 07/31/2003, YOU ARE TO ASSESS ANTIDUMPING
DUTIES AT THE ALL OTHERS RATE OF 21.70 PERCENT.

3. THE CASH DEPOSIT RATE FOR TAMSA REMAINS UNCHANGED.

4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS
OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE
CURRENT RATES.

5. 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 PAYS INTEREST ON OVERPAYMENTS, OR ASSESSES
INTEREST ON UNDER PAYMENTS, 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 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.

6. 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.

7. 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 G3O8:
SB).

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

CATHY SAUCEDA