MESSAGE NO: 5207115 DATE: 07 26 1995
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 357 - 804 A - 122 - 057
A - 122 - 006 A - 122 - 804
A - 428 - 604 A - 570 - 101

PERIOD COVERED: 09 01 1993 TO 08 31 1994

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: NON ADMINISTRATIVE REIVIEW LIQUIDATION INSTRUCTIONS




1. THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY CONDUCTS
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY FINDINGS/ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 353.22
OF THE COMMERCE REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY FINDING
ORDER FOR CERTAIN PERIODS ON THE MERCHANDISE LISTED BELOW, EXCEPT
FOR THE FIRMS NOTED. THEREFORE, IN ACCORDANCE WITH SECTION
353.22(e) OF THE COMMERCE REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING
DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIODS LISTED BELOW AT THE CASH DEPOSIT OR
BONDING RATE REQUIRED AT THE TIME OF ENTRY.

SILICON METAL FROM ARGENTINA PERIOD

A-357-804

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 9/1/93 - 8/31/94

ELECTROMETALURGICA ANDINA
SILARSA S.A.

REPLACEMENT PARTS FOR SELF-PROPELLED PERIOD
BITUMINOUS PAVING EQUIPMENT FROM CANADA

A-122-057

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 9/1/93 - 8/31/94

STEEL JACKS FROM CANADA PERIOD

A-122-006

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 9/1/93 - 8/31/94

SEEBURN
NEW-FORM MANUFACTURING CO.

STEEL RAIL FROM CANADA PERIOD

A-122-804

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 9/1/93 - 8/31/94

CRANKSHAFTS FROM GERMANY PERIOD

A-428-604

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 9/1/93 - 8/31/94

PRINTCLOTH FROM THE PRC PERIOD

A-570-101

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 9/1/93 - 8/31/94

3. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF THE ADMINISTRATIVE REVIEW, CONTINUE TO SUSPEND
LIQUIDATION OF ALL ENTRIES OF MERCHANDISE EXPORTED OR PRODUCED BY
THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION DURING THIS PERIOD.

4. THIS TELEX CONSTITUTES THE IMMEDIATE LIFTING OF SUSPENSION OF
LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIODS LISTED ABOVE.
YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING
DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.

5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE
THAT IMPORTER PRIOR PROVIDE A REIMBURSEMT STATEMENT AS DESCRIBEDIN
SECTION 353.26 OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER
SHOULD PROVIDE THE REIMBURSEMTNT STATEMENT PROOR TO LIQUIDATION OF
THE ENTRY SUMMARY. IF THE IMPORTER HAS BEEN REIMBURSED ANTIDUMPING
DUTIES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE
WITH THE ABOUVE-REFERENCED REGULATION. ADDITIONALLY, IF THE
IMPORTER FAILS TO RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR 29)
FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD
PRESUME REIMBURSEMENT AND DOUBLE THE DUTIES.

6. THE ASSESSMENT 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 DUTIES
PRIOR TO THE DATE OF THE ANTIDUMPING DUTY ORDER. THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR 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.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRAITE
SUPERVISORY CHANNELS, TECHNICAL PROGRAMS, ANTIDUMPING/COUNTERVAILING
DUTY, USING ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT THE ANTLYST IN CHARGE OF THE CASE
ON (202) 482-5253, OFFICE OF ANTIDUMPING COMPLIANCE, INTERNATIONAL
TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

8. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS TELEX.

NANCY MCTIERNAN