MESSAGE NO: 5090115 DATE: 03 31 1995
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 470 - 007 A - 791 - 502
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PERIOD COVERED: 01 01 1994 TO 12 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 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MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION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.

POTASSIUM PERMANGANATE FROM SPAIN PERIOD

A-470-007

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 1/1/94 - 12/31/94

BRAZING COPPER WIRE AND ROD FROM S. AFRICA PERIOD

A-791-502

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 1/1/94 - 12/31/94

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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THIS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 RATES.

5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN
SECTION 353.26 OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER
SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PROR TO
LIQUIDATION OF THE ENTRY SUMMARY. IF THE IMPORTER HAS BEEN
REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE THE
ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED
REGULATION. ADDITIONALLY, IF THE IMPORTER FAILS TO RESPOND TO YOUR
FORMAL REQUEST (VIA CF 28 0R 29) FOR THE REIMBURSEMENT STATEMENT
PRIOR TO LIQUIDATION, CUSTOMS SHOULD PRESUME REIMBURSEMENT AND
DOUBLE THE ANTIDUMPING DUTIES.

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. SECTION 778 REQUIRES THAT CUSTOMS
PAY INTEREST 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 PRIOR TO THE DATE OF THE
ANTIDUMPING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM 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 SHOULDCONTACT THE ANALYST IN CHARGE OF THE CASE
ON (202) 482-5253, OFFICEOF ANTIDUMPING COMPLIANCE, INTERNATIONAL
TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

8. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS TELEX.





NANCY MCTIERNAN