MESSAGE NO: 4271203 DATE: 09 27 2004
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 428 - 209 - -
- - - -
- - - -

PERIOD COVERED: 01 01 2003 TO 12 31 2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR CERTAIN CUT-TO-LENGTH
CARBON STEEL PRODUCTS FROM GERMANY (C-428-209).


1. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON CERTAIN
CUT-TO LENGTH CARBON STEEL PRODUCTS FROM GERMANY (C-428-209) FOR
THE PERIOD 1/1/2003 THROUGH 12/31/2003.

2. THE MERCHANDISE COVERED BY THESE INSTRUCTIONS IS CERTAIN CUT-
TO-LENGTH CARBON STEEL PRODUCTS FROM GERMANY (C-428-209) WHICH
INCLUDE HOT-ROLLED CARBON STEEL UNIVERSAL MILL PLATES (I.E.,
FLAT-ROLLED PRODUCTS, ROLLED ON FOUR FACES OR IN A CLOSED BOX
PASS, OF A WIDTH EXCEEDING 150 MILLIMETERS BUT NOT EXCEEDING
1,250 MILLIMETERS AND OF A THICKNESS OF NOT LESS THAN 4
MILLIMETERS, NOT IN COILS AND WITHOUT PATTERNS IN RELIEF), OF
RECTANGULAR SHAPE, NEITHER CLAD, PLATED NOR COATED WITH METAL,
WHETHER OR NOT PAINTED, VARNISHED, OR COATED WITH METAL, WHETHER
OR NOT PAINTED, VARNISHED, OR COATED WITH PLASTICS OR OTHER
NONMETALLIC SUBSTANCES; AND CERTAIN HOT-ROLLED CARBON STEEL
FLAT-ROLLED PRODUCTS IN STRAIGHT LENGTHS, OF RECTANGULAR SHAPE,
HOT ROLLED, NEITHER CLAD, PLATED, NOR COATED WITH METAL, WHETHER
OR NOT PAINTED, VARNISHED, OR COATED WITH PLASTICS OR OTHER
NONMETALLIC SUBSTANCES, 4.75 MILLIMETERS OR MORE IN THICKNESS AND
OF A WIDTH WHICH EXCEEDS 150 MILLIMETERS AND MEASURES AT LEAST
TWICE THE THICKNESS, AS CURRENTLY PROVIDED FOR UNDER HARMONIZED
TARIFF SCHEDULE ITEM NUMBERS: 7208.31.000, 7208.32.0000,
7208.33.1000, 7208.33.5000, 7208.41.0000, 7208.42.0000,
7208.43.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000,
7211.11.0000, 7211.12.0000, 7211.21.0000, 7211.22.0045,
7211.90.0000, 7212.40.1000, 7212.40.5000 AND 7212.50.5000.

3. THEREFORE, IN ACCORDANCE WITH SECTION 351.212(C) OF THE
COMMERCE REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES AT
RATES EQUAL TO THE CASH DEPOSIT OF ESTIMATED COUNTERVAILING
DUTIES REQUIRED AT THE TIME OF ENTRY ON ALL SHIPMENTS OF THE
SUBJECT MERCHANDISE WHICH WAS EXPORTED ON OR AFTER 1/1/2003 AND
ON OR BEFORE 12/31/2003.

4. THE RATES OF ESTIMATED COUNTERVAILING DUTIES WHICH WERE
REQUIRED TO BE DEPOSITED ARE:

COMPANY NUMBER PERIOD RATE
ILSENBURG C-428-209-001 1/1/2003-12-31-2003 0.80%
PREUSSAGE C-428-209-002 1/1/2003-12/31/2003 1.72%
THYSSEN C-428-209-003 1/1/2003-12/31/2003 0.51%
DILLINGER C-428-209-004 1/1/2003-12/31/2003 14.84%

NOVOSTEEL SA/ C-428-209-005
REINER BRACH 1/17/2003-12/31/2003 ZERO%
GMBH AND CO.
ALL OTHERS C-428-209-999 1/1/2003-12/31/2003 14.84%

ALL OTHERS C-428-209-000 1/1/2003-12/31/2003 14.84%

5. THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE WHICH WERE EXPORTED ON OR BEFORE 12/31/2003 IS
LIFTED. THE SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF THE
MERCHANDISE LISTED ABOVE EXPORTED AFTER 12/31/2003 AND BEFORE
4/1/2004 WILL CONTINUE. THIS ORDER WAS REVOKED EFFECTIVE
4/1/2004 AS EXPLAINED IN MESSAGE 4131204 DATED 5/10/2004.

6. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CUSTOMS
SERVICE 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 CUSTOMS PAY INTEREST ON OVERPAYMENTS,
OR ASSESS INTEREST ON UNDERPAYMENTS, OF THE REQUIRED AMOUNTS
DEPOSITED AS ESTIMATED COUNTERVAILING DUTIES. THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS
ESTIMATED COUNTERVAILING DUTIES BEFORE THE DATE OF PUBLICATION
OF THE COUNTERVAILING DUTY ORDER. INTEREST SHALL BE CALCULATED
FROM THE ENTRY DATE OR DATE OF DEPOSIT WHICHEVER IS LATER, OF
ESTIMATED COUNTERVAILING 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 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: O3:GL).

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

CATHY SAUCEDA