MESSAGE NO: 5167116
DATE: 06 16 1995
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 307 - 701
C - 307 - 702
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PERIOD COVERED:
04 26 1995
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TECHNICAL PROGRAMS
RE: LIQUIDATION INSTRUCTIONS & REVOCATION OF ANTIDUMPING &
COUNTERVAILING DUTY ORDERS ON REDRAWN ROD FROM VENEZUELA
(A-307-701) (C-307-702)
1.
THE DEPARTMENT OF COMMERCE HAS REVOKED THE ANTIDUMPING
(A-307-701) AND COUNTERVAILING (C-307-702) DUTY ORDERS ON
CERTAIN ELECTRICAL CONDUCTOR ALUMINUM REDRAW ROD FROM
VENEZUELA AND PUBLISHED NOTICE OF THE REVOCATION IN THE
FEDERAL REGISTER ON APRIL 26, 1995 (60 FR 20478).
THE
REVOCATION OF THESE ORDERS IS EFFECTIVE AUGUST 14, 1993, FOR
ALL UNLIQUIDATED ENTRIES.
2.
THE REVOCATION OF THE ANTIDUMPING AND COUNTERVAILING DUTY
ORDERS AND TERMINATION OF SUSPENSION OF LIQUIDATION OF
CERTAIN ELECTRICAL CONDUCTOR ALUMINUM REDRAW ROD FROM
VENEZUELA ARE PURSUANT TO THE U.S. COURT OF APPEALS FOR THE
FEDERAL CIRCUIT'S AFFIRMANCE ON FEBRUARY 17, 1995, OF THE
INTERNATIONAL TRADE COMMISSION'S DETERMINATION ON REMAND THAT
AN INDUSTRY IN THE UNITED STATES WAS NOT THREATENED WITH
MATERIAL INJURY BY REASON OF IMPORTS OF CERTAIN ELECTRICAL
CONDUCTOR ALUMINUM REDRAW ROD.
ON MARCH 1, 1995, THE
INTERNATIONAL TRADE COMMISSION PUBLISHED NOTICE IN THE
FEDERAL REGISTER OF THE FINAL FEDERAL CIRCUIT DECISION
AFFIRMING ITS NEGATIVE REMAND DETERMINATION.
3.
IMPORTS COVERED BY THESE ORDERS ARE SHIPMENTS OF CERTAIN
ELECTRICAL CONDUCTOR ALUMINUM REDRAW ROD FROM VENEZUELA,
WHICH IS WROUGHT ROD OF ALUMINUM THAT IS ELECTRICALLY
CONDUCTIVE AND CONTAINS NOT LESS THAN 99 PERCENT ALUMINUM BY
WEIGHT.
THIS MERCHANDISE IS CURRENTLY CLASSIFIABLE UNDER
ITEM NUMBERS 7604.10.3010, 7604.10.3050, 7604.29.3010,
7604.29.3050, 7605.11.0030, 7605.11.0090, 7605.19.0000,
7605.21.0030, 7605.21.0090, AND 7605.29.0000 OF THE
HARMONIZED TARIFF SCHEDULE (HTS).
THE HTS ITEM NUMBERS ARE
PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES.
THE WRITTEN
DESCRIPTION REMAIN DISPOSITIVE.
4.
THE SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF THIS
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER AUGUST 14, 1993 IS LIFTED.IN
ADDITION, ANY OUTSTANDING ENTRY SUMMARIES OF THIS MERCHANDISE
FOR ALL PERIODS CAN NOW BE LIQUIDATED WITHOUT REGARD TO
ANTIDUMPING OR COUNTERVAILING DUTIES.
5.
THE ASESSMENT 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 ON OVERPAYMENTS, OR ASSESS
INTEREST ON
UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED
AS ESTIMATED ANTIDUMPING AND COUNTERVAILING DUTIES.
THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS
POSTED AS ESTIMATED ANTIDUMPING/COUNTERVAILING DUTIES BEFORE
THE DATE OF PUBLICATION OF THE ANTIDUMPING/COUNTERVAILING
DUTY ORDER.
INTEREST SHALL BE CALCULATED FROM THE DATE
PAYMENT OF ESTIMATED
ANTIDUMPING/COUNTERVAILING DUTIES IS
REQUIRED THROUGH THE DATE OF LIQUIDATION.
THE RATE AT WHICH
SUCH INTEREST IS PAYABLE IS THE THE RATE IN EFFECT
UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR
SUCH PERIOD.
6.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA EMAIL, THROUGH THE APPROPRIATE
SUPERVISORY 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
ADMINISTATION, INTERNATIONAL TRADE ADMINISTRATION, US
DEPARTMENT OF COMMERCE AT (202) 482-2786.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN