- Period Covered: 11/01/1993 to 10/31/1994
MESSAGE NO: 5074111
DATE: 03 15 1995
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 357 - 405
A - 357 - 007
A - 428 - 037
A - 588 - 038
A - 588 - 813
A - 588 - 020
PERIOD COVERED:
11 01 1993
TO
10 31 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 DUTY 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MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION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.
BARBED WIRE FROM ARGENTINA
PERIOD
A-357-405
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
11/1/93 - 10/31/94
CARBON STEEL WIRE ROD FROM ARGENTINA
PERIOD
A-357-007
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
11/1/93 - 10/31/94
DRYCLEANING MACHINERY FROM GERMANY
PERIOD
A-428-037
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
11/1/93 - 10/31/94
BICYCLE SPEEDOMETERS FROM JAPAN
PERIOD
A-588-038
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
11/1/93 - 10/31/94
LIGHT SCATTERING INSTRUMENTS FROM JAPAN
PERIOD
A-588-813
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
11/1/93 - 10/31/94
OTSUKA ELECTRONICS
TITANIUM SPONGE FROM JAPAN
PERIOD
A-588-020
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
11/1/93 - 10/31/94
3. ENTRIES OF MERCHANDISE OF 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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THIS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 RATE.
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
FORMALREQUEST (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.
SECTIN 778 REQUIRES THAT CUSTOMS PAY
INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON UNDERPAYMENTS, OF
THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES PRIOR
TO THE DATE OF THE ANTIDUMPING DUTY ORDER.
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.
7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, TECHNICAL PROGRAMS, ANTIDUMPING/COUNTERVAILING
DUTY, USING ATTRIBUTE "HQ OAB."
THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT THE ANALYST IN CHARGE OF THE CASE
ON (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