- Period Covered: 05/16/1992 to 12/31/1994
MESSAGE NO: 5192112
DATE: 07 11 1995
CATEGORY: CVD
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
C - 333 - 402
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PERIOD COVERED:
05 16 1992
TO
12 31 1994
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TECHNICAL PROGRAMS
RE: SCOPE CLARIFICATION AND LIQUIDATION INSTRUCTIONS ON
CERTAIN TEXTILE MILL PRODUCTS FROM PERU (C-333-402)
1.
ON MAY 1, 1995, 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 TEXTILE MILL PRODUCTS FROM PERU (C-333-402-000) AS IT
WAS ORIGINALLY DEFINED BY THE TARIFF SCHEDULE OF THE UNITED
STATES ITEM NUMBERS.
2.
THE AMENDED HTS SCOPE OF THE ORDER IS DEFINED AS FOLLOWS:
5106.1000*
5106.2000*
5107.1000*
5107.2000*
5108.1060*
5108.2060*
5109.1060
5109.9060
5111.1120
5111.1130
5111.1170
5111.1910
5111.1960
5111.2005
5111.2010
5111.2090
5111.3005
5111.3010
5111.3090
5111.9040
5111.9050
5111.9090
5112.1110
5112.1120
5112.1920
5112.1990
5112.2010
5112.2020
5112.2030
5112.3010
5112.3020
5112.3030
5112.9040
5112.9050
5112.9090
5204.1100
5204.1900
5204.2000
5207.1000
5207.9000
5208.1140
5208.1180
5208.1260
5208.1280
5208.1300
5208.1920+
5208.1940
5208.1960
5208.1980
5208.2120
5208.2140
5208.2160
5208.2240
5208.2260
5208.2280
5208.2940
5208.2960
5208.2980
5209.1100
5209.1200
5209.2100
5210.1140
5210.1160
5210.1200
5210.1920
5210.1940
5210.1960
5210.2160
5210.2940
5210.2960
5211.1100
5211.1900
5211.2100
5211.2900
5406.1000
5406.2000
5407.7100"
5407.7200"
5407.7320"
5407.7400"
5511.1000
5511.2000
5511.3000
5513.4100
5702.3110
5702.3120
5702.4110
5702.4120
5702.5120
5702.5140
5702.9130
5702.9140
5703.1000
5801.1000
5801.3300
5801.3400
5801.3500
5810.9910
6002.4200
6301.2000
6302.2150++ 6302.3150++ 6302.5130
6304.9915
6306.1100
6306.2100
6306.9100
*COVERAGE LIMITED TO SINGLE OR MULTIPLE (FOLDED) OR CABLED
YARN, NOT EXCEEDING 22 NM PER SINGLE YARN.
+COVERAGE LIMITED TO FABRIC, NOT WHOLLY OF SATIN WEAVE.
"COVERAGE LIMITED TO FABRIC, NOT CONTAINING 85 PERCENT OR
MORE BY WEIGHT OF POLYESTER FILAMENTS
++COVERAGE LIMITED TO PILLOWCASES, OTHER THAN BOLSTER CASES.
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IDENTIFIED HTS ITEM NUMBERS ENTERED, OR WITHDRAWN FROM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 SUSPEND LIQUIDATION ONLY ON MERCHANDISE
ENTERING UNDER THE IDENTIFIED HTS ITEM NUMBERS AND
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 16, 1992, AND EXPORTED ON OR
BEFORE DECEMBER 31, 1994 SHOULD BE LIQUIDATED AT THE RATE OF
2.88 PERCENT OF THE ENTERED VALUE FOR ALL COMPANIES.
5.
THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CUSTOMS
SERVICE ON ENTRIES OF THIS MERCHANISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930.
SECTION
778 REQUIRES THAT INTEREST BE PAID ON OVERPAYMENTS OR ASSSESS
INTEREST ON UNDERPAYMENTS, OF AMOUNTS DEPOSITED AS
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.
THE SUSPENSION OF LIQUIDATION ORDERED FOR MERCHANDISE ENTERED
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
MAY 18, 1992 AND EXPORTED ON OR BEFORE DECEMBER 31, 1994, IS
LIFTED.
SUSPENSION OF LIQUIDATION FOR ALL ENTRIES OF SUBJECT
MERCHANDISE EXPORTED ON OR AFTER JANUARY 1, 1995, WILL
CONTINUE.
7.
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 "HQ OAB".
THE
IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT
THE OFFICE OF COUNTERVAILING COMPLIANCE, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE (202) 482-2786.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN