MESSAGE NO: 5312112 DATE: 11 08 1994
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 463 - 103 A - 463 - 203
A - 462 - 203 A - 423 - 602
A - 122 - 814 A - 447 - 803

PERIOD COVERED: 08 01 1993 TO 07 31 1994

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: NON-ADMINISTRATIVE REVIEW 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DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR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.

TITANIUM SPONGE FROM ARMENIA PERIOD

A-463-103

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 8/1/93 - 7/31/94

TITANIUM SPONGE FROM AZERBAIJAN PERIOD

A-463-203

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 8/1/93 - 7/31/94

TITANIUM SPONGE FROM BELARUS PERIOD

A-462-203

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 8/1/93 - 7/31/94




PHOSPHORIC ACID FROM BELGIUM PERIOD

A-423-602

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 8/1/93 - 7/31/94

SOCIETE CHIMIQUE PRAYON-RUPEL

MAGNESIUM FROM CANADA PERIOD

A-122-814

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 8/1/93 - 7/31/94

NORSK HYDRO CANADA INC.
TITANIUM SPONGE FROM ESTONIA PERIOD

A-447-803

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 8/1/93 - 7/31/94

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THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR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. 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 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 PRIOR TO THE DATE OF THE ANTIDUMPING
DUTY ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT
OF ESTIMATEDANTIDUMPING 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 REGIONAL
ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR, THE TRADE COMPLIANCE
DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH, 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