MESSAGE NO: 5209111 DATE: 07 28 1995
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 433 - 064 A - 122 - 050
A - 533 - 809 A - 588 - 602
A - 588 - 056 A - 580 - 813

PERIOD COVERED: 02 01 1994 TO 01 31 1995

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: NON ADMINISTRATIVE REVIEW LIQUIDATION INSTRUCTIONS




PASS TO IMPORT SPECIALISTS, CUSTOMS BROKERS, AND OTHER INTERESTED
PARTIES

1. THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY CONDUCTS
ADMINISTRATIVE REVIEWS OF ANTIDUMPING 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MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION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.

RAILWAY TRACK MAINTENANCE EQUIPMENT PERIOD
FROM AUSTRIA

A-433-064

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 2/1/94 - 1/31/95
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RACING PLATES (ALUMINUM HORSESHOES) PERIOD
FROM CANADA

A-122-050

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 2/1/94 - 1/31/95
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STAINLESS STEEL FLANGES PERIOD
FROM INDIA

A-533-809

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 2/9/94 - 1/31/95

AKAI IMPEX LTD.
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CARBON STEEL BUTT-WELD PIPE FITTINGS PERIOD
FROM JAPAN

A-588-602

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 2/1/94 - 1/31/95
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MELAMINE FROM JAPAN PERIOD

A-588-056

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 2/1/94 - 1/31/95
----------------------------------------------------------------
STAINLESS STEEL BUTT-WELD PIPES PERIOD
FROM KOREA

A-580-813

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 2/1/94 - 1/31/95
----------------------------------------------------------------
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 THESE
PERIODS.

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. WHENEVER THE USE OF THESE INSTRUCTIONS RESULTS IN THE ASSESSMENT
OF DUMPING DUTIES YOU SHOULD REQUIRE OF THE IMPORTER PRIOR TO
LIQUIDATION THE REIMBURSEMENT STATEMENT DESCRIBED IN SECTION 353.26
OF THE COMMERCE DEPARTMENT REGULATIONS. IF THE IMPORTER HAS BEEN
REIMBURSED ANTIDUMPING DUTIES OR FAILS TO RESPOND TO YOUR FORMAL
REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES DUE IN
ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION.

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 REQUIIRES 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 BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY ORDER.
INTEREST SHALL BE CALCULATED FROM THE DATE 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 CODE OF 1954 FOR SUCH PERIOD.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS THEY SHOULD BE FORWARDED VIA E-MAIL, THROUGH THE
APPROPRIATESUPERVISORY CHANNELS, TECHNICAL PROGARMS,
ANTIDUMPING/COUNTERVAILINGDUTY USING ATTRIBUTE "HQ OAB."THE
IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT THE
ANALYST 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