MESSAGE NO: 5055118 DATE: 02 24 1995
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 122 - 006 - -
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PERIOD COVERED: 02 03 1995 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: SCOPE RULING ON STEEL JACKS FROM CANADA (A-122-006)




1. ON FEBRUARY 3, 1995, IN RESPONSE TO A REQUEST BY SEEBURN, A
DIVISION OF VENTRA GROUP, INC. (SEEBURN), THE DEPARTMENT OF
COMMERCE ISSUED A FINAL SCOPE RULING THAT SEEBURN'S
AUTOMOBILE TIRE JACKS ARE NOT WITHIN THE SCOPE OF THE
ANTIDUMPING FINDING ON STEEL JACKS FROM CANADA (A-122-006).

2. THE COMMERCE DEPARTMENT DETERMINED THAT THE ANTIDUMPING
FINDING APPLIES ONLY TO HEAVY DUTY, MULTI-PURPOSE STEEL
JACKS, FROM 36 TO 64 INCHES IN HEIGHT. SINCE SEEBURN'S
JACKS ARE NOT HEAVY DUTY MULTI-PURPOSE JACKS BUT ARE
AUTOMOBILE TIRE JACKS THAT RANGE IN HEIGHT FROM 2.6 TO 24
INCHES, THEY ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING
FINDING ON STEEL JACKS FROM CANADA.

3. EFFECTIVE IMMEDIATELY, TERMINATE SUSPENSION AND LIQUIDATE
ALL UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF
SEEBURN'S AUTOMOBILE TIRE JACKS.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO SEEBURN'S AUTOMOBILE TIRE JACKS.


5. THE REFUND OF CASH DEPOSITS 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. 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.

6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF STEEL JACKS
SUBJECT TO THE ANTIDUMPING FINDING COVERING STEEL JACKS FROM
CANADA.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD BE FORWARDED VIA E-MAIL THROUGH THE
REGIONAL ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR TO THE
TRADE COMPLIANCE DIVISION, ANTIDUMPING/COUNTERVAILING DUTY
BRANCH USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC
AND INTERESTED PARTIES SHOULD CONTACT RON TRENTHAM ON
202-482-3931, OFFICE OF ANTIDUMPING COMPLIANCE, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE.

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


NANCY MCTIERNAN