MESSAGE NO: 4321207 DATE: 11 16 2004
CATEGORY: CVD TYPE: LIQ
REFERENCE: 4002209 REFERENCE DATE: 01 02 2004
CASES: C - 427 - 817 - -
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PERIOD COVERED: 07 26 1999 TO 11 06 2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: AMENDMENT OF FINAL DETERMINATION AND PARTIAL REVOCATION
OF COUNTERVAILING DUTY ORDER ON CERTAIN CUT-TO-LENGTH
CARBON-QUALITY STEEL PLATE FROM FRANCE (C-427-817)

1. ON FEBRUARY 10, 2000, THE DEPARTMENT OF COMMERCE PUBLISHED A
NOTICE OF AMENDED FINAL DETERMINATIONS: CERTAIN CUT-TO-LENGTH
CARBON-QUALITY STEEL PLATE FROM INDIA AND THE REPUBLIC OF KOREA;
AND NOTICE OF COUNTERVAILING DUTY ORDERS: CERTAIN CUT-TO-LENGTH
CARBON-QUALITY STEEL PLATE FROM FRANCE, INDIA, INDONESIA, ITALY,
AND THE REPUBLIC OF KOREA (MESSAGE NUMBER 0196201). ON NOVEMBER
17, 2003, THE DEPARTMENT PUBLISHED A NOTICE OF IMPLEMENTATION
UNDER SECTION 129 REVOKING THE COUNTERVAILING DUTY ORDER ON
CERTAIN CUT-TO-LENGTH CARBON-QUALITY STEEL PLATE PRODUCTS FROM
FRANCE, EFFECTIVE NOVEMBER 7, 2003 (MESSAGE NUMBER 4002209).

2. ON SEPTEMBER 24, 2004, THE DEPARTMENT PUBLISHED A NOTICE OF
AMENDED FINAL DETERMINATION PURSUANT TO FINAL COURT DECISION AND
PARTIAL REVOCATION OF ORDER. SEE CERTAIN CUT-TO-LENGTH
CARBON-QUALITY STEEL PLATE FROM FRANCE: NOTICE OF AMENDED FINAL
DETERMINATION PURSUANT TO FINAL COURT DECISION AND PARTIAL
REVOCATION OF ORDER, 69 FR 57266 (SEPTEMBER 24, 2004). IN THIS
AMENDED FINAL DETERMINATION, THE DEPARTMENT IS FINDING THAT GTS
INDUSTRIES S.A. DOES NOT RECEIVE COUNTERVAILABLE SUBSIDIES ON
CERTAIN CUT-TO-LENGTH CARBON-QUALITY STEEL PLATE FROM FRANCE.

3. AS A RESULT OF THE AMENDED FINAL DETERMINATION, NO
SUSPENSION OF LIQUIDATION ON ENTRIES OF SUBJECT MERCHANDISE BY
GTS INDUSTRIES S.A. IS REQUIRED. FOR ALL SHIPMENTS BY GTS
INDUSTRIES S.A. OF CERTAIN CUT-TO-LENGTH CARBON-QUALITY STEEL
PLATE FROM FRANCE THAT REMAIN UNLIQUIDATED, CBP IS DIRECTED TO
DISCONTINUE ANY SUSPENSION OF LIQUIDATION FOR SHIPMENTS ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JULY 26,
999, AND TO RELEASE ANY BOND OR OTHER SECURITY, AND REFUND ANY

CASH DEPOSIT. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF
ACT DO NOT APPLY TO ENTRIES BEFORE FEBRUARY 10, 2000, THE DATE OF
PUBLICATION OF THE COUNTERVAILING DUTY ORDER.

4. FOR ENTRIES OF SUBJECT MERCHANDISE, PRODUCED OR EXPORTED BY
GTS INDUSTRIES S.A., ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION DURING THE PERIOD JULY 26, 1999 TO NOVEMBER 6, 2003,
LIQUIDATE WITHOUT REGARD TO COUNTERVAILING DUTIES.

5. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES BY GTS INDUSTRIES S.A. OF
CERTAIN CUT-TO-LENGTH CARBON-QUALITY STEEL PLATE FROM FRANCE
UNDER THE COUNTERVAILING DUTY ORDER ONLY.

6. THE ASSESSMENT OF COUNTERVAILING DUTIES BY CBP ON ENTRIES OF
THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF
THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAYS
INTEREST ON OVERPAYMENTS AND 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 DATE OF PAYMENT 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. THE LIFTING OF SUSPENSION OF LIQUIDATION DOES NOT AFFECT THE
REQUIREMENTS OF A CASH DEPOSIT OR BOND ON ENTRIES THAT MAY BE
SUBJECT TO ANTIDUMPING DUTIES UNDER THE COMPANION ANTIDUMPING
DUTY ORDER ON CERTAIN CUT-TO-LENGTH CARBON-QUALITY STEEL PLATE
PRODUCTS FROM FRANCE (A-427-816). SEE NOTICE OF AMENDMENT OF
FINAL DETERMINATIONS OF SALES AT LESS THAN FAIR VALUE AND
ANTIDUMPING DUTY ORDERS: CERTAIN CUT-TO-LENGTH CARBON-QUALITY
STEEL PLATE PRODUCTS FROM FRANCE, INDIA, INDONESIA, ITALY, JAPAN
AND THE REPUBLIC OF KOREA, 65 FR 6585 (FEBRUARY 10, 2000).
INSTRUCTIONS REGARDING LIQUIDATION OF ENTRIES UNDER THE
ANTIDUMPING DUTY ORDER DURING THE PERIOD 07/29/1999 THROUGH
01/31/2004 WERE SENT IN MESSAGES NUMBERS 1087209, 2107209,
3101205, AND 4190209.

8. 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 OF1:JNC).

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

CATHY SAUCEDA