MESSAGE NO: 5200114 DATE: 07 19 1995
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 055 - -
- - - -
- - - -

PERIOD COVERED: 05 18 1995 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: ANTIDUMPING SCOPE FOR SUMITOMO CHEMICAL AMERICA, INC.
RULING ON ACRYLIC SHEET FROM JAPAN (A-588-055)



1. ON MAY 18, 1995, IN RESPONSE TO A REQUEST BY SUMITOMO
CHEMICAL AMERICA, INC. (SUMITOMO), THE DEPARTMENT OF
COMMERCE (THE DEPARTMENT) ISSUED A FINAL SCOPE RULING THAT
SUMITOMO'S ACRYLIC PRODUCT, LUMISTY, IS NOT WITHIN THE SCOPE
OF THE ANTIDUMPING FINDING COVERING ACRYLIC SHEET FROM JAPAN
(A-588-055).

2. THE DEPARTMENT DETERMINED THAT SUMITIOMO'S LUMISTY DIFFERS
IN : (1) PHYSICAL CHARACTERISTICS, (2) THE EXPECTATIONS OF
THE ULTIMATE USERS, (3) THE ULTIMATE USE, (4) THE CHANNELS
OF TRADE AND (5) THE MANNER OF ADVERTISING, AND THEREFORE
CONSTITUTES LATER-DEVELOPED MERCHANDISE OUTSIDE THE SCOPE OF
THE FINDING.

3. EFFECTIVE 05/18/95, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF THE
SUMITOMO LUMISTY PRODUCT LISTED ABOVE.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE SUMITOMO LUMISTY PRODUCT LISTED ABOVE.


5. THE REFUND OF CASH DEPOSITS 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 DUTIES. THE INTEREST PROVISIONS
ARE NOT APPLICABLE TO BONDS POSTED AS ESTIMATED ANTIDUMPING
DUTIES. INTEREST SHALL BE CALCULATED FROM THE DATE OF
PAYMENT OF ESTIMATED ANTIDUMPING 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.

6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF ACRYLIC SHEET
SUBJECT TO THE ANTIDUMPING FINDING COVERING ACYRLIC SHEET
FROM JAPAN.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS TECHICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY USING THE ATTRIBUTE
"HQ OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT ROBERT JAMES ON 202-482-5222, OFFICE OF
ANTIDUMPING COMPLIANCE, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE.

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


NANCY MCTIERNAN