- Period Covered: 08/01/2004 to 07/31/2005
MESSAGE NO: 5277212
DATE: 10 04 2005
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 401 - 805
-
-
-
-
-
-
-
-
-
-
PERIOD COVERED:
08 01 2004
TO
07 31 2005
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION INSTRUCTIONS FOR CUT-TO-LENGTH CARBON STEEL
PLATE FROM SWEDEN (A-401-805)
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
1.
THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY FINDINGS/ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION
351.213(b) OF THE COMMERCE REGULATIONS.
2.
THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER FOR THE
PERIOD AND ON THE MERCHANDISE LISTED BELOW.
THEREFORE, IN
ACCORDANCE WITH SECTION 351.212(c) OF THE COMMERCE DEPARTMENT
REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE
CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY.
CUT-TO-LENGTH CARBON STEEL PLATE
COUNTRY
CASE NUMBER
PERIOD
SWEDEN
A-401-805
8/1/2004-7/31/2005
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE.
YOU SHALL CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES
OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES.
4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS AND
BORDER PROTECTION (CBP) ON SHIPMENTS OR ENTRIES OF THIS
MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE
TARIFF ACT OF 1930.
SECTION 778 REQUIRES THAT CBP PAY INTEREST
ON OVERPAYMENTS AND 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 ENTRY DATE OR DATE OF DEPOSIT WHICHEVER IS LATER, OR
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.
5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT DESCRIBED IN
SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT REGULATIONS.
THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION OF THE ENTRY.
IF THE IMPORTER HAS BEEN REIMBURSED
ANTIDUMPING AND/OR COUNTERVAILING DUTIES, CBP SHOULD INCREASE
THE ANTIDUMPING DUTIES BY THE AMOUNT OF ANTIDUMPING AND/OR
COUNTERVAILING DUTIES REIMBURSED IN ACCORDANCE WITH THE ABOVE-
REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER DOES NOT
RESPOND TO YOUR FORMAL REQUEST FOR THE REIMBURSEMENT STATEMENT
PRIOR TO LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND
INCREASE THE ANTIDUMPING DUTIES BY THE AMOUNT OF ANITDUMPING
AND/OR COUNTERVAILING DUTIES REIMBURSED.
6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
(202) 482-0984 OR (202) 482-3577 RESPECTIVELY. (GENERATED BY
G3:GL).
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
CATHY SAUCEDA