- Period Covered: 08/01/1992 to 07/31/1993
MESSAGE NO: 4231116
DATE: 08 19 1994
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 463 - 103
A - 463 - 203
A - 462 - 203
A - 122 - 814
A - 447 - 803
A - 463 - 303
PERIOD COVERED:
08 01 1992
TO
07 31 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 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MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION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.
TITANIUM SPONGE FROM ARMENIA
PERIOD
A-463-103
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
8/1/92 - 7/31/93
TITANIUM SPONGE FROM AZERBAIJAN
PERIOD
A-463-203
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
8/1/92 - 7/31/93
TITANIUM SPONGE FROM BELARUS
PERIOD
A-462-203
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
8/1/92 - 7/31/93
MAGNESIUM FROM CANADA
PERIOD
A-122-814
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
2/20/92 - 7/31/93
NORSK HYDRO CANADA, INC.
INTEREST IS APPLICABLE FOR ALL ENTRIES FROM 8/31/92 - 7/31/93
TITANIUM SPONGE FROM ESTONIA
PERIOD
A-447-803
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
8/1/92 - 7/31/93
TITANIUM SPONGE FROM GEORGIA
PERIOD
A-463-303
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
8/1/92 - 7/31/93
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 CANBE
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 FIRM ISA
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 USEOF 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 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 MATTER BY 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 ON (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