MESSAGE NO: 5236111 DATE: 08 24 1995
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 405 - -
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PERIOD COVERED: 07 19 1995 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: ANTIDUMPING SCOPE RULING ON CELLULAR MOBILE TELEPHONES &
SUBASSEMBLIES FROM JAPAN (A-588-405)(MITSUBISHI)



1. ON JULY 19, 1995, IN RESPONSE TO A REQUEST BY MITSUBISHI
ELECTRIC CORPORATION, MITSUBISHI ELECTRONICS AMERICA, INC.,
AND MITSUBISHI CONSUMER ELECTRONICS AMERICA, INC.
(COLLECTIVE MITSUBISHI), THE DEPARTMENT OF COMMERCE (THE
DEPARTMENT) ISSUED A FINAL SCOPE RULING THAT MITSUBISHI'S
POCKET-SIZED PORTABLE CELLULAR TELEPHONE (PCT), MODEL
MT1516FOR6A (MT1516FOR6A), IS NOT WITHIN THE SCOPE OF THE
ANTIDUMPING DUTY ORDER COVERING CELLULAR MOBILE TELEPHONES
AND SUBASSEMBLIES FROM JAPAN (A-588-405).

2. THE DEPARTMENT DETERMINED THAT MITSUBISHI MODEL MT1516FOR6A
PCT IS A POCKET-SIZE SELF-CONTAINED PCT AND THEREFORE, NOT
WITHIN THE SCOPE OF THE ORDER ON CELLULAR MOBILE TELEPHONES
AND SUBASSEMBLIES FROM JAPAN.

3. EFFECTIVE JULY 19, 1995, TERMINATE SUSPENSION AND LIQUIDATE
ALL UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF
MITSUBISHI MODEL MT1516FOR6A PCT.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE MITSUBISHI MODEL MT1516FOR6A PCT.


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 TRAIFF 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 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.

6. CONTINUE TO SUSPEND LIQUIDATION OF ALL ENTRIES OF CELLULAR
MOBILE TELEPHONES AND SUBASSEMBLIES SUBJECT TO THE
ANTIDUMPING DUTY ORDER COVERING CELLULAR MOBILE TELEPHONES
AND SUBASSEMBLIES FROM JAPAN.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, TECHNICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY USING THE ATTRIBUTE "HQ
OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT RONALD TRENTHAM ON202-482-4793, 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