- Period Covered: 06/01/1993 to 05/31/1994
MESSAGE NO: 5313115
DATE: 11 09 1994
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 428 - 810
A - 428 - 802
A - 428 - 082
A - 437 - 601
A - 475 - 802
A - 475 - 031
PERIOD COVERED:
06 01 1993
TO
05 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
PASS TO IMPORT SPECIALISTS, CUSTOMS BROKERS, AND OTHER INTERESTED
PARTIES
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MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION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.
HIGH TENACITY RAYON FILAMENT
PERIOD
YARN FROM GERMANY
A-428-810
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
6/1/93 - 5/31/94
AKZO FASER AG
INDUSTRIAL BELTS, EXCEPT SYNCHRONOUS
PERIOD
AND V-BELTS, FROM GERMANY
A-428-802
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
6/1/93 - 5/31/94
SUGAR FROM GERMANY
PERIOD
A-428-082
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
6/1/93 - 5/31/94
TAPERED ROLLER BEARINGS FROM HUNGARY
PERIOD
A-437-601
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
6/1/93 - 5/31/94
INDUSTRIAL BELTS FROM ITALY
PERIOD
A-475-802
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
6/1/93 - 5/31/94
LARGE POWER TRANSFORMERS FROM ITALY
PERIOD
A-475-031
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
6/1/93 - 5/31/94
TAMMANNI CONSTRUZIONI
3. ENTRIES OF MERCHANDISE FROM EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF THEADMINISTRATIVE 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THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR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 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
LIQUIDATIONS, 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 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 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.
7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD BE FORWARDED VIA E-MAIL THROUGH THE REGIONAL
AD/CVD COORDINATOR TO THE TRADE COMPLIANCE DIVISION,
ANTIDUMPING/COUNTERVAILING DUTY BRANCH USING THE ATTRIBUTE "HQ OAB."
THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT THE
ANALYST IN CHARGE OF THE CASE (202) 482-5253, OFFICE OF ANTIDUMPING
COMPLIANCE, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.
8. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS TELEX.
NANCY MCTIERNAN