AD/CVD message 5158112 - SCOPE CLARIFICATION, LIQUIDATION INSTRUCTIONS & REVOCATION OF COUNTERVAILING DUTY ORDER ON CERTAIN APPAREL FROM PERU (C-333-402-001)

5158112
Jun 07, 1995
Active

Category: Countervailing • Type: Liquidation Instructions • Cases: C-333-402

MESSAGE NO: 5158112 DATE: 06 07 1995
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 333 - 402 - -
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PERIOD COVERED: 06 07 1995 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: SCOPE CLARIFICATION, LIQUIDATION INSTRUCTIONS & REVOCATION
OF COUNTERVAILING DUTY ORDER ON CERTAIN APPAREL FROM PERU
(C-333-402-001)

1. THE DEPARTMENT OF COMMERCE PUBLISHED A NOTICE IN THE FEDERAL
REGISTER THAT IDENTIFIED THOSE HARMONIZED TARIFF SCHEDULE
(HTS) ITEM NUMBERS THAT MOST REASONABLY CORRESPOND TO THE
SCOPE OF THE COUNTERVAILING DUTY ORDER ON CERTAIN APPAREL
FROM PERU (C-333-402-001) AS IT WAS ORIGINALLY DEFINED BY THE
TARIFF SCHEDULE OF THE UNITED STATES ITEM NUMBERS.

2. THE AMENDED HTS SCOPE OF THE ORDER (C-333-402-001)~ IS
DEFINED AS FOLLOWS:

4202.1240, 4202.2270, 4202.2280(A), 4202.9215, 4202.9260,
6102.1000, 6102.3010, 6103.1100, 6103.1210, 6103.1910,
6103.2100,, 6103.2200 , 6103.2300 , 6103.2910, 6103.4110,
6103.4210(B), 6103.4310, 6103.4910(C), 6104.1100, 6104.1310,
6104.1910, 6104.2100 , 6104.2300 , 6104.2910 , 6104.3100,
6104.3310, 6104.3910(C), 6104.4100, 6104.4310, 6104.4410,
6104.5100(D), 6104.5310(D), 6104.5910(C)(D), 6104.6100(D),
6104.6210, 6104.6315(D), 6104.6920(C)(D), 6105.1000(D),
6106.1000(D), 6106.2010(D), 6106.9010(D), 6109.1000(D),
6110.1010, 6110.1020, 6110.2020(D), 6110.3015,
6116.9100, 6116.9364, 6116.9374, 6117.1010,
6117.1020, 6201.1100, 6201.1330, 6201.9120,
6201.9325, 6202.1100, 6202.1330, 6202.9120,
6202.9220, 6202.9340, 6204.2100, 6204.2230,
6204.2300, 6204.2920, 6204.3120(D), 6204.3340(D),
6204.3920(D), 6204.4120(D), 6204.4230(E), 6204.4330(D),
6204.4430(D), 6204.5100(D), 6204.5320(D), 6204.5920,
6204.6190(D), 6204.6240(F)(D), 6204.6325(D), 6204.6920(D),
6205.2020(G), 6214.2000, 6505.9030, 6505.9040

~ THE ORDER COVERS ALL PRODUCTS IDENTIFIED, OTHER THAN
HAND-KNIT ALPACA GARMENTS.

(A) COVERAGE EXCLUDES HANDBAGS WITH OUTER SURFACE OF
COTTON.

COVERAGE LIMITED TO GARMENTS THAT WOULD BE SUBJECT TO
THIS ORDER IF SEPARATELY ENTERED.

(B) COVERAGE LIMITED TO GARMENTS HAVING EMBOIDERY OR
PERMANENTLY AFFIXED APPLIQUE WORK ON THE OUTER SURFACE.

(C) COVERAGE LIMITED TO GARMENTS OF ARTIFICIAL FIBERS,
CONTAINING 23 PERCENT OR MORE BY WEIGHT OF WOOL OR FINE
ANIMAL HAIR.

(D) COVERAGE EXCLUDES GARMENTS HAVING EMBROIDERY OR
PERMANENTLY AFFIXED APPLIQUE WORK ON THE OUTER SURFACE.

(E) COVERAGE EXCLUDES DRESSES OF PILE FABRIC AND OTHER
DRESSES OF FABRIC HAVING YARNS OF DIFFERENT COLORS.

(F) COVERAGE EXCLUDES GIRLS' GARMENTS, WOMEN'S SHORTS,
WOMEN'S TROUSERS AND BREECHES OF PILE FABRIC AND OTHER
WOMEN'S TROUSERS AND BREECHES OF BLUE DENIM.

(G) COVERAGE EXCLUDES SHIRTS OF PILE FABRIC AND OTHER
SHIRTS OF FABRIC HAVING YARNS OF DIFFERENT COLORS.

3. THEREFORE, ALL SHIPMENTS OF MERCHANDISE NOT COVERED BY THE
IDENTIFIED HTS ITEM NUMBERS ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 18, 1992, SHOULD
BE LIQUIDATED WITHOUT REGARD TO COUNTERVAILING DUTIES.
CUSTOMS SHOULD DISCONTINUE SUSPENSION OF LIQUIDATION FOR
MERCHANDISE ENTERING UNDER HTS ITEM NUMBERS SPECIFICALLY NOT
IDENTIFIED.

4. ADDITIONALLY, ALL MERCHANDISE COVERED BY THE IDENTIFIED HTS
ITEM NUMBERS THAT WAS ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION ON OR AFTER MAY 18, 1992, AND EXPORTED ON OR
BEFORE DECEMBER 31, 1994 SHOULD BE LIQUIDATED AT THE RATE OF
0.00 PERCENT OF THE ENTERED VALUE FOR ALL COMPANIES.

5. THE ASSESSMENT OF COUNTERVAILING 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 ON OVERPAYMENTS, OR
ASSESS INTEREST ON UNDERPAYMENTS, OF THE REQUIRED AMOUNTS
DEPOSITED AS ESTIMATED COUNTERVAILING DUTIES. THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS
ESTIMATED COUNTERVAILING DUTIES BEFORE THE DATE OF
PUBLICATION OF THE COUNTERVAILING DUTY ORDER. INTEREST SHALL
BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATED
COUNTERVAILING 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. ON MAY 4, 1995, THE DEPARTMENT PUBLISHED NOTICE OF ITS
REVOCATION OF THE COUNTERVAILING DUTY ORDER ON CERTAIN
APPAREL FROM PERU (C-333-402-001). THEREFORE, AS OF MAY 4,
1995, THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS
MERCHANDISE IS LIFTED. IN ADDITION, ALL MERCHANDISE WHICH
WAS SUBJECT TO THIS ORDER WHICH WAS EXPORTED ON OR AFTER
JANUARY 1, 1995 SHOULD NOW BE LIQUIDATED WITHOUT REGARD TO
COUNTERVAILING DUTIES.

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

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

NANCY MCTIERNAN