- Period Covered: 08/05/1993 to 11/30/1994
MESSAGE NO: 5111114
DATE: 04 21 1995
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 122 - 047
A - 428 - 062
A - 588 - 046
A - 533 - 808
A - 580 - 501
A - 580 - 810
PERIOD COVERED:
08 05 1993
TO
11 30 1994
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TRADE COMPLIANCE DIVISION
RE: NON-ADMIN REVIEW LIQUIDATION INSTRUCTIONS
PASS TO IMPORT SPECIALISTS, CUSTOMS BROKERS, AND OTHER INTERESTED
PARTIES
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MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION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.
ELEMENTAL SULPHUR FROM CANADA
PERIOD
A-122-047
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
12/1/93 - 11/30/94
ALBERTA ENERGY CO. LTD.
HUSKY OIL, LTD.
MOBIL OIL CANADA, LTD.
NORCEN ENERGY RESOURCES
PETROSUL
ANIMAL GLUE FROM GERMANY
PERIOD
A-428-062
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
12/1/93 - 11/30/94
POLYCHLOROPRENE FROM JAPAN
PERIOD
A-588-046
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
12/1/93 - 11/30/94
DENKI KAGUKU, K.K.
DENKI KAGUKU/HOEI SANGYO
MITSUI BUSSAN
SHOWA NEOPRENE K.K.
SHOWA NEOPRENE/HOEI SANGYO
SUZUGO CORP.
TOYO SODA MFG CO.
TOYO SODA/HOEI SANGYO
SS WIRE RODS FROM INDIA
PERIOD
A-533-808
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
8/5/93 - 11/30/94
NOTE:
INTEREST IS APPLICABLE FOR ALL ENTRIES FROM 12/1/93 THROUGH
11/30/94
PHOTO ALBUMS FROM KOREA
PERIOD
A-580-501
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
12/1/93 - 11/30/94
WELDED STAINLESS STEEL PIPES FROM KOREA
PERIOD
A-580-810
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
12/1/93 - 11/30/94
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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THIS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. 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 FORMAL
REQUEST (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 PROVISION OF SECTION
778 OF THE TARIFF ACT OF 1930.
SECTION 778 REQUIIRES 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 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 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