MESSAGE NO: 5157203 DATE: 06 06 2005
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 533 - 808 - -
- - - -
- - - -

PERIOD COVERED: 05 23 2005 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: ANTIDUMPING FINAL SCOPE RULING ON STAINLESS STEEL WIRE
ROD FROM INDIA (A-533-808) USED IN MANUFACTURING
STAINLESS STEEL BAR FROM UNITED ARAB EMIRATES ("UAE")

1. ON 05/23/2005, IN RESPONSE TO A REQUEST BY MUKAND
INTERNATIONAL, LTD. ("MUKAND"), THE DEPARTMENT OF COMMERCE
ISSUED A FINAL SCOPE RULING THAT STAINLESS STEEL BAR FROM THE
UNITED ARAB EMIRATES ("UAE") IS NOT SUBJECT TO THE SCOPE OF THE
ANTIDUMPING DUTY ORDER COVERING STAINLESS STEEL WIRE ROD FROM
INDIA (A-533-808).

2. THE COMMERCE DEPARTMENT HAS DETERMINED THAT STAINLESS STEEL
BAR FROM THE UAE MADE FROM STAINLESS STEEL WIRE ROD COVERED BY
THE ANTIDUMPING DUTY ORDER LISTED IN PARAGRAPH 1 IS NOT SUBJECT
TO THE STAINLESS STEEL WIRE ROD ORDER LISTED IN PARAGRAPH 1. IN
MAKING THAT DETERMINATION, THE COMMERCE DEPARTMENT FOUND THAT THE
PHYSICAL CHARACTERISTICS OF THE STAINLESS STEEL BAR IMPORTS FROM
THE UAE DO NOT MEET THE PHYSICAL CHARACTERISTICS OF THE STAINLESS
STEEL WIRE ROD COVERED BY THE ANTIDUMPING DUTY ORDER ON STAINLESS
STEEL WIRE ROD LISTED IN PARAGRAPH 1. THEREFORE, STAINLESS STEEL
BAR FROM THE UAE IS NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY
ORDER COVERING STAINLESS STEEL WIRE ROD FROM INDIA.

3. EFFECTIVE 05/23/2005, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF STAINLESS
STEEL BAR FROM THE UAE, WHICH WAS MANUFACTURED FROM STAINLESS
STEEL WIRE ROD ORIGINATING FROM INDIA. THESE INSTRUCTIONS APPLY
ONLY TO STAINLESS STEEL BAR MANUFACTURED IN THE UAE.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE STAINLESS STEEL BAR IMPORTED FROM THE UAE WHICH
WAS MANUFACTURED FROM STAINLESS STEEL WIRE ROD ORIGINATING FROM
INDIA.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CBP ON ENTRIES OF
THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF
THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAY
INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON UNDER PAYMENTS,
OF THE REQUIRED AMOUNTS DEPOSITED 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 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.

6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF STAINLESS STEEL
WIRE ROD SUBJECT TO THE ANTIDUMPING DUTY ORDERS COVERING
STAINLESS STEEL WIRE ROD FROM INDIA (A-533-808).

7. WE HAVE INTERPRETED THE SCOPE OF THE ANTIDUMPING DUTY ORDER
ON STAINLESS STEEL WIRE ROD FROM INDIA AS NOT INCLUDING STAINLESS
STEEL BAR MANUFACTURED IN THE UAE. THUS, THE INJUNCTIONS
COVERING STAINLESS STEEL WIRE ROD FROM INDIA DO NOT APPLY TO
STAINLESS STEEL BAR MANUFACTURED IN THE UAE.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF
ANTIDUMPING/COUNTERVAILING DUTY ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577
RESPECTIVELY (GENERATED BY O1:YB).

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

CATHY SAUCEDA