- Period Covered: 02/01/2003 to 01/31/2004
MESSAGE NO: 4190209
DATE: 07 08 2004
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 427 - 816
A - 533 - 817
A - 475 - 826
A - 588 - 847
A - 580 - 836
-
-
PERIOD COVERED:
02 01 2003
TO
01 31 2004
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: AUTO LIQ. OF CERTAIN CUT-TO LENGTH CARBON-QUALITY STEEL
PLATE FROM FRANCE (A-427-816), INDIA (A-533-817), ITALY
(A-475-826), JAPAN (A-588-847) + SO. KOREA (A-580-836)
1.
THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY FINDINGS/ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION
351.213(b) 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
THE PERIODS AND ON THE MERCHANDISE LISTED BELOW, EXCEPT FOR THE
FIRMS NOTED.
THEREFORE, IN ACCORDANCE WITH SECTION 351.212(c) OF
THE COMMERCE DEPARTMENT REGULATIONS, YOU ARE TO ASSESS
ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN
EFFECT ON THE DATE OF ENTRY.
CERTAIN CUT-TO-LENGTH CARBON-QUALITY
PERIOD
STEEL PLATE FROM FRANCE
02/01/2003-01/31/2004
A-427-816
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
CERTAIN CUT-TO-LENGTH CARBON-QUALITY
STEEL PLATE FROM INDIA
PERIOD
A-533-817
02/01/2003-01/31/2004
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
CERTAIN CUT-TO-LENGTH CARBON-QUALITY
STEEL PLATE FROM ITALY
PERIOD
A-475-826
02/01/2003-01/31/2004
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
CERTAIN CUT-TO-LENGTH CARBON-QUALITY
STEEL PLATE FROM JAPAN
PERIOD
A-588-847
02/01/2003-01/31/2004
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
NIPPON STEEL CORPORATION
NISSHIN STEEL
JFE STEEL CORPORATION
KAWASHO CORPORTATION
SUMITOMO METALS
KOBE STEEL COMPANY, LTD.
CHUBU STEEL PLATE CO., LTD.
THE JAPAN STEEL WORKS, LTD.
NAKAYAMA STEEL WORKS, LTD. (NAKAYAMA SEIKOSHO)
TOKYO STEEL MANUFACTURING CO., LTD.
CERTAIN CUT-TO-LENGTH CARBON-QUALITY
STEEL PLATE FROM REPUBLIC OF KOREA
PERIOD
A-580-836
02/01/2003-01/31/2004
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
DONGKUK STEEL MILL CO., LTD.
KISCO-KOREA IRON AND STEEL CO., LTD.
UNION STEEL MANUFACTURING CO.
3.
ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF THE ADMINISTRATIVE
REVIEW.
CONTINUE TO SUSPEND
LIQUIDATION OF ALL ENTRIES OF MERCHANDISE EXPORTED OR PRODUCED
BY THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION DURING THIS PERIOD.
4.
THESE INSTRUCTIONS 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 SUBSEQUENT ENTRIES
OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES.
5.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE U.S. CUSTOMS
AND BORDER PROTECTION ("CBP") ON SHIPMENTS OR 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.
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 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 LIQUIDATIONS, 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 OR RON TRENTHAM AT OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE AT (202) 482-0984
OR (202) 482-3577, RESPECTIVELY
(GENERATED BY 04:SEF).
8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATON.
CATHY SAUCEDA