MESSAGE NO: 4266202 DATE: 09 22 2004
CATEGORY: ADA TYPE: LIQ
REFERENCE: 3043204 REFERENCE DATE: 02 12 2003
CASES: A - 428 - 815 - -
- - - -
- - - -

PERIOD COVERED: 08 01 1999 TO 07 31 2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NON REV./AUTO. LIQ. INSTR. CORROSION-RESISTANT CARBON
STEEL FLAT PRODUCTS FROM GERMANY MFR'D/EXP'D BY THYSSEN
KRUPP STAHL. INJUNCTION IS NO LONGER IN EFFECT.

REF: MESSAGE 3043204 (02/12/2003), MESSAGE 2123202 (05/03/2002),
MESSAGE 3066205 (03/07/2003), AND MESSAGE 4078201 (03/18/2004)

1. MESSAGE NUMBER 3043204 DATED 02/12/2003 REFERENCED AN
INJUNCTION ENJOINING LIQUIDATION OF ENTRIES OF CORROSION-
RESISTANT CARBON STEEL FLAT PRODUCTS FROM GERMANY, MANUFACTURED
OR EXPORTED BY THYSSEN KRUPP STAHL AG THAT WERE ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR AFTER
01/01/2000, AND THAT REMAINED UNLIQUIDATED AS OF 5 O'CLOCK P.M.
01/21/2003. THE ORDER FROM THE UNITED STATES COURT OF
INTERNATIONAL TRADE THAT ENJOINED LIQUIDATION INDICATED THAT THE
INJUNCTION SHALL EXPIRE UPON THE ENTRY OF A FINAL JUDGMENT UPON
THE MERITS OF THE CASE IN QUESTION. THE COURT MADE ITS FINAL
JUDGMENT ON 06/09/2004, THE DECISION HAS NOT BEEN APPEALED BY ANY
PARTY, AND THE INJUNCTION IS NO LONGER IN EFFECT.

2. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON CORROSION-
RESISTANT CARBON STEEL FLAT PRODUCTS FROM GERMANY (A-428-815) FOR
THE PERIODS COVERING 08/01/1999 THROUGH 07/31/2003.

3. ALL ENTRIES DURING THE PERIODS COVERING O8/01/1999 THROUGH
07/31/2003 OTHER THAN THOSE MEETING THE CRITERIA NOTED IN
PARAGRAPH 1 ABOVE HAVE CONTINUED TO BE COVERED BY PREVIOUS
LIQUIDATION INSTRUCTIONS (SEE MESSAGE NUMBER 2123202 DATED
05/03/2002 FOR THE PERIOD 08/01/1999 THROUGH 07/31/2000; SEE
MESSAGE NUMBER 3066205 DATED 03/07/2003 FOR THE PERIOD 08/01/2000
THROUGH 07/31/2001 AND THE PERIOD 08/01/2001 THROUGH 07/31/2002;
AND SEE MESSAGE NUMBER 4078201 DATED 03/18/2004 FOR THE PERIOD
08/01/2002 THROUGH 07/31/2003).

4. BECAUSE THE INJUNCTION REFERENCED IN PARAGRAPH 1 ABOVE TOOK
EFFECT AS OF 01/01/2000, ALL MERCHANDISE MANUFACTURED OR EXPORTED
BY THYSSEN KRUPP STAHL AG AND ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION, DURING THE PERIOD PERIOD 08/01/1999
THROUGH 12/31/1999 CONTINUED TO BE COVERED BY PREVIOUS
LIQUIDATION INSTRUCTIONS (SEE MESSAGE NUMBER 2123202 DATED
05/03/02).

5. BECAUSE THERE WAS NO ADMINISTRATIVE REVIEW REQUESTED FOR ANY
OF THE PERIODS FALLING BETWEEN 08/01/1999 THROUGH 07/31/2003, AND
BECAUSE THE INJUNCTION REFERENCED IN PARAGRAPH 1 ABOVE IS NO
LONGER IN EFFECT, FOR ALL MERCHANDISE MANUFACTURED OR EXPORTED BY
THYSSEN KRUPP STAHL AG THAT WERE ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION, DURING THE PERIOD 01/01/2000 THROUGH
07/31/2003, YOU ARE TO ASSESS ANTIDUMPING DUTIES AT THE CASH
DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY.

6. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIODS LISTED ABOVE. PARAGRAPHS 3, 4, AND 5 ABOVE COLLECTIVELY
COVER THE LIQUIDATION OF ALL ENTRIES OF CORROSION-RESISTANT
CARBON STEEL FLAT PRODUCTS FROM GERMANY FROM 08/01/1999 THROUGH
07/31/2003. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF
ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES OF THE
SUBJECT MERCHANDISE AT THE CURRENT RATES.

7. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION 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 OR
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.

8. 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.

9. 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 O7:SB)).

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

CATHY SAUCEDA