MESSAGE NO: 5189204
DATE: 07 08 2005
CATEGORY: CVD
TYPE: LIQ
REFERENCE: 4166204
REFERENCE DATE: 06 14 2004
CASES:
C - 423 - 809
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PERIOD COVERED:
09 04 1998
TO
12 31 1999
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION FOR STAINLESS STEEL PLATE IN COILS FROM
BELGIUM (C-423-809-001)
1. ON 08/27/2001, THE DEPARTMENT PUBLISHED IN THE FEDERAL
REGISTER THE FINAL RESULTS OF ITS ADMINISTRATIVE REVIEW OF THE
COUNTERVAILING DUTY ORDER ON STAINLESS STEEL PLATE IN COILS FROM
BELGIUM FOR THE PERIOD 09/04/1998 THROUGH 12/31/1999 (66 FR
45007).
2.
ON 12/10/2001, AS A RESULT OF LITIGATION ASSOCIATED WITH THE
FINAL RESULTS FOR THIS PERIOD, THE U.S. COURT OF INTERNATIONAL
TRADE ISSUED A PRELIMINARY INJUNCTION ENJOINING LIQUIDATION OF
ENTRIES OF STAINLESS STEEL PLATE IN COILS FROM BELGIUM
MANUFACTURED OR EXPORTED DURING THE PERIODS 09/04/1998 THROUGH
01/01/1999 AND 05/11/1999 THROUGH 12/31/1999 BY THE
MANUFACTURER/EXPORTER LISTED BELOW.
IN RESPONSE, THE
DEPARTMENT INSTRUCTED THE CBP SERVICE NOT TO LIQUIDATE ENTRIES
OF SUBJECT MERCHANDISE WHICH WERE PRODUCED AND EXPORTED BY THE
MANUFACTURER/EXPORTER LISTED BELOW AND WHICH WERE ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIODS
09/04/1998 THROUGH 01/01/1999 AND 05/11/1999 THROUGH 12/31/1999
AND REMAINED UNLIQUIDATED AS OF 5 O'CLOCK P.M. ON 12/27/2001.
SEE MESSAGE NUMBER 3357201 DATED 12/23/2003 AND MESSAGE NUMBER
3351206 DATED 12/17/2003.
COMPANY
CASE NUMBER
ALZ N.V.
C-423-809-001
3. ON 04/11/2005, THE DEPARTMENT PUBLISHED IN THE FEDERAL
REGISTER THE AMENDED FINAL RESULTS FOR ITS ADMINISTRATIVE REVIEW
OF THE COUNTERVAILING DUTY ORDER ON STAINLESS STEEL PLATE IN
COILS FROM BELGIUM FOR THE PERIOD 09/04/1998 THROUGH 12/31/1999
PURSUANT TO FINAL COURT DECISION (70 FR 18374).
4. IMPORTS COVERED BY THE REVIEW ARE SHIPMENTS OF STAINLESS
STEEL PLATE IN COILS FROM BELGIUM CURRENTLY CLASSIFIABLE IN THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES AT SUBHEADINGS
7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 7219.12.00.21,
7219.12.00.26,
7219.12.00.51, 7219.12.00.56, 7219.12.00.66,
7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 7219.90.00.10,
7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 7219.90.00.80,
7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 7220.20.10.60,
7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 7220.20.60.15,
7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 7220.90.00.15,
7220.90.00.60, AND 7220.90.00.80.
5. THE NET SUBSIDY RATE IN THE AMENDED FINAL RESULTS FOR THE
MANUFACTURER/EXPORTER LISTED IN PARAGRAPH 2 WAS FOUND TO BE 1.36
PERCENT AD VALOREM FOR THE PERIOD 09/04/1998 THROUGH 12/31/1998
AND 0.97 PERCENT AD VALOREM FOR 01/01/1999 AND THE PERIOD
05/11/1999 THROUGH 12/31/1999.
6. ACCORDINGLY, YOU ARE NOW INSTRUCTED TO ASSESS COUNTERVAILING
DUTIES FOR THE MANUFACTURER/EXPORTER LISTED IN PARAGRAPH 2 OF
1.36 PERCENT OF THE ENTERED VALUE ON ALL SHIPMENTS OF THIS
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER 09/04/1998 AND ON OR BEFORE 12/31/1998,
AND 0.97 OF THE ENTERED VALUE ON ALL SHIPMENTS OF THIS
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON 01/01/1999 AND ON OR AFTER 05/11/1999 AND ON OR
BEFORE 12/31/1999.
SHIPMENTS OF THIS MERCHANDISE ENTERED, OR
WITHDRAWN, FROM WAREHOUSE ON OF AFTER 01/02/1999 (120 DAYS AFTER
PRELIM) AND ON OR BEFORE 05/10/1999 (END OF 120 DAY TERMINATION
OF SUSPENSION) SHOULD BE LIQUIDATED WITHOUT REGARD TO
COUNTERVAILING DUTIES.
SEE MESSAGE 4166204 DATED 06/14/2004.
7. ENTRIES OF SSPC HOT ROLLED IN GERMANY AND NOT FURTHER COLD
ROLLED IN BELGIUM SHOULD BE LIQUIDATED AT THE COUNTERVAILING
DUTY RATE SPECIFIED IN THESE CBP INSTRUCTIONS.
8. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CBP SERVICE ON
SHIPMENTS OR 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 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 OF PAYMENT OF
ESTIMATED COUNTERVAILING 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.
9. 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 AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O1:MR).
10. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA