MESSAGE NO: 4264111 DATE: 09 21 1994
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 357 - 802 A - 351 - 505
A - 351 - 605 A - 247 - 003
A - 588 - 066 A - 533 - 502

PERIOD COVERED: 05 01 1993 TO 04 30 1994

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MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION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.

RECTANGULAR TUBING FROM ARGENTINA PERIOD

A-357-802

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 5/1/93 - 4/30/94

PIPE FITTINGS FROM BRAZIL PERIOD

A-351-505

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 5/1/93 - 4/30/94

FUNDICAO TUPY, S.A.

ORANGE JUICE FROM BRAZIL PERIOD

A-351-605

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 5/1/93 - 4/30/94

CTM CITRUS
BRANCO PERES CITRUS, S.A.
CITROVITA INDUSTRIA S.A.

PORTLAND CEMENT FROM DOMINICAN REPUBLIC PERIOD

A-247-003

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 5/1/93 - 4/30/94

PIPES AND TUBES FROM INDIA PERIOD

A-533-502

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 5/1/93 - 4/30/94

IMPRESSION FABRIC FROM JAPAN PERIOD

A-588-066

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 5/1/93 - 4/30/94

3. ENTRIES OF MERCHANDISE FROM 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THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR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. 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.

5. 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.

6. 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. SECTION 778 REQUIRES THAT
CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON
UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE
TO BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES PRIOR TO THE DATE
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.

7. 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 (202) 482-5253,
OFFICE OF ANTIDUMPING COMPLIANCE, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

8. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS TELEX.


NANCY MCTIERNAN