MESSAGE NO: 5207116 DATE: 07 26 1995
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 122 - 006 - -
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PERIOD COVERED: 06 22 1995 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: SCOPE RULING ON STEEL JACKS FROM CANADA (A-122-006)
WHITING EQUIPMENT CANADA, INC.(WHITING)



1. ON JUNE 22, 1995, IN RESPONSE TO A REQUEST BY WHITING
EQUIPMENT CANADA, INC. (WHITING), THE DEPARTMENT OF COMMERCE
(THE DEPARTMENT) ISSUED A FINAL SCOPE RULING THAT WHITING'S
RAIL VEHICLE ELECTRIC JACKS ARE NOT WITHIN THE SCOPE OF THE
ANTIDUMPING DUTY FINDING ON STEEL JACKS FROM CANADA
(A-122-006).

2. THE COMMERCE DEPARTMENT DETERMINED THAT THE ANTIDUMPING
FINDING APPLIES ONLY TO HAND-OPERATED, MULTI-PURPOSE STEEL
JACKS, FROM 36 TO 64 INCHES HIGH. BECAUSE WHITING'S JACKS
ARE ELECTRICALLY-OPERATED RAIL VEHICLE JACKS THAT RANGE IN
HEIGHT FROM 90 TO OVER 138 INCHES AND WHOSE USE IS LIMITED
TO THE LIFTING OF RAILROAD VEHICLES, THEY ARE NOT WITHIN THE
SCOPE OF THE ANTIDUMPING FINDING ON STEEL JACKS FROM CANADA.

3. EFFECTIVE IMMEDIATELY, TERMINATE SUSPENSION AND LIQUIDATE
ALL UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF
WHITING'S RAIL VEHICLE ELECTRIC JACKS.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO WHITING'S RAIL VEHICLE ELECTRIC JACKS.


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 CASH OR BONDS POSTED AS ESTIMATED
ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF THE
ANTIDUMPING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM
THE DATE OF PAYMENT OF ESTIMATED ANTIDUMPING 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 SERVICE CODE OF 1954 FOR SUCH
PERIOD.

6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF STEEL JACKS
FROM CANADA, SUBJECT TO THE ANTIDUMPING DUTY FINDING
COVERING STEEL JACKS FROM CANADA.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, OLEASE CONTACT VIA E-MAIL THROUGH THE APPROPRAIATE
SUPERVISORY CHANNELS, TECHNICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY USING THE ATTRIBUTE "HQ
OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT RON TRENTHAM ON 202-482-4793, 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