- Period Covered: 12/01/1992 to 12/30/1993
MESSAGE NO: 4179117
DATE: 06 28 1994
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 122 - 047
A - 428 - 062
A - 588 - 046
A - 588 - 014
A - 580 - 501
A - 580 - 810
PERIOD COVERED:
12 01 1992
TO
12 30 1993
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TRADE COMPLIANCE DIVISION
RE: NON-ADMINISTRATIVE REVIEW LIQUIDATION INSTRUCTIONS
1. THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY CONDUCTS
ADMINISTRATIVE REVIEWS OF ANTIDUMPING 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MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION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.
ELEMENTAL SULPHUR FROM CANADA
PERIOD
A-122-047
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
12/1/92 - 11/30/93
ALBERTA ENERGY CO. LTD.
ALLIED SIGNAL INC.
BRIMSTONE EXPORT
BURZA RESOURCES
FANCHEM
HUSKY OIL, LTD.
MOBIL OIL CANADA, LTD.
NORCEN ENERGY RESOURCES
PETROSUL
SARATOGA PROCESSING CO., LTD.
SULBOW MINERALS
ANIMAL GLUE FROM GERMANY
PERIOD
A-428-062
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
12/1/92 - 11/30/93
POLYRUBBER FROM JAPAN
PERIOD
A-588-046
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
12/1/92 - 11/30/93
TUNERS FROM JAPAN
PERIOD
A-588-014
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
12/1/92 - 11/30/93
ALPINE ELECTRONICS, INC.
FUJITSU TEN
PHOTO ALBUMS FROM KOREA
PERIOD
A-580-501
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
12/01/92 - 11/30/93
NOTE:
INTEREST IS APPLICABLE FOR ALL ENTRIES FROM
12/30/92 - 11/30/93
WELDED STAINLESS STEEL PIPES FROM KOREA
PERIOD
A-580-810
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
6/22/92 - 11/30/93
NOTE:
INTEREST IS APPLICABLE FOR ALL ENTRIES FROM 12/30/92 -
11/30/93
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 THE 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
LIQUIDATION, 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 PROVISION 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
LIQUIDAION.
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 MATTER BY CUSTOMS
OFFICERS PLEASE CONTACT VIA E-MAIL, THROUGH THE REGIONAL
ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR, THE TRADE COMPLIANCE
DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH, USINGATTRIBUTE
"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