MESSAGE NO: 5135115 DATE: 05 15 1995
CATEGORY: ADA TYPE: ADL
REFERENCE: REFERENCE DATE:
CASES: A - 508 - 604 - -
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PERIOD COVERED: 08 01 1991 TO 07 31 1993

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: ADMIN REVIEW & LIQUIDATION INSTRUCTIONS FOR
INDUSTRIAL PHOSPHORIC ACID FROM ISRAEL (A-508-604)


1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
OF JUNE 22, 1994 THE FINAL RESULTS OF THE ADMINISTRATIVE
REVIEWS OF THE ANTIDUMPING DUTY ORDER ON INDUSTRIAL
PHOSPHORIC ACID FROM ISRAEL. THE REVIEWS COVER THE PERIODS
AUGUST 1, 1991 THROUGH JULY 31, 1992 AND AUGUST 1, 1992
THROUGH JULY 31, 1993.

2. IMPORTS COVERED BY THE REVIEWS ARE SHIPMENTS OF ISRAELI
INDUSTRIAL PHOSPHORIC ACID (IPA). DURING THE REVIEW PERIODS
SUCH MERCHANDISE WAS CLASSIFIABLE UNDER ITEM NUMBER
2809.20.00 OF THE HARMONIZED TARIFF SCHEDULE.

3. FOR SHIPMENTS OF IPA FROM ISRAEL ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION, ON OR AFTER JUNE 22, 1994, A CASH
DEPOSIT IS REQUIRED FOR THE FOLLOWING
MANUFACTURERS/EXPORTERS:

A-508-604-000 ALL OTHER RATE 1.77 PERCENT
A-508-604-002 HAIFA CHEMICALS 6.82 PERCENT

4. FOR OTHER PREVIOUSLY REVIEWED COMPANIES NOT NAMED ABOVE, THE
CASH DEPOSIT RATE IS THE RATE PROVIDED IN THE AD/CVD MODULE.

5. FOR ALL OTHER ISRAELI MANUFACTURERS OF IPA, THE CASH DEPOSIT
REQUIRED IS 1.77 PERCENT.

6. THESE CASH DEPOSIT REQUIREMENTS WILL REMAIN IN EFFECT UNTIL
PUBLICATION OF THE FINAL RESULTS OF THE NEXT ADMINISTRATIVE
REVIEW.

7. FOR ALL SHIPMENTS OF INDUSTRIAL PHOSPHORIC ACID FROM ISRAEL
MANUFACTURED BY HAIFA CHEMICALS (A-508-604-002) WHICH WERE
ENTERED DURING THE PERIOD AUGUST 1, 1991 THROUGH JULY 31,
1993, ANTIDUMPING DUTIES SHOULD BE ASSESSED AT THE RATE OF
6.82 PERCENT AD VALOREM.

8. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE
AT THE CURRENT RATES.

9. 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. SECTION 778 REQUIRES THAT
CUSTOMS PAY INTEREST ON OVERPAYMENS, OR ASSESS INTEREST ON
UNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
ANTIDUMUPING 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 PAYMENT OF
ESTIMATED ANTIDUMPING DUTIES IS REQUIRED 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.

10. WHENEVER THE USE OF THESE INSTRUCTIONS RESULTS IN THE
ASSESSMENT OF ANTIDUMPING DUTIES, REQUIRE OF THE IMPORTER,
PRIOR TO LIQUIDATION, THE REIMBURSEMENT STATEMENT DESCRIBED
IN SECTION 353.26 OF THE COMMERCE DEPARTMENT REGULATIONS.
THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT
PRIOR 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 REQUEST (VIA CF 28 OR 29) FOR THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD
PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES.

11. YOU MAY RELEASE APPRAISED VALUES TO THE INDIVIDUAL IMPORTER
CONCERNED OR HIS AUTHORIZED REPRESENTATIVE, YOU MAY NOT
RELEASE ANY DETAILS OF THE CALCULATIONS OF APPRAISED VALUES
WITHOUT AUTHORIZATION OF CUSTOMS SERVICE HEADQUARTERS.

12. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPEVISORY CHANNELS, TECHNICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY, USING ATTRIBUTE "HQ OAB".
THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD
CONTACT THE OFFICE OF COUNTERVAILING COMPLIANCE, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-2786

NANCY MCTIERNAN