MESSAGE NO: 5339202 DATE: 12 05 2005
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 405 - -
- - - -
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PERIOD COVERED: 12 01 1994 TO 11 30 1995

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR CELLULAR MOBILE TELEPHONES
AND SUBASSEMBLIES FROM JAPAN FROM MATSUSHITA AND MURATA
(A-588-405-006/011)

1. ON 03/14/1997, THE DEPARTMENT OF COMMERCE INSTRUCTED U.S.
CUSTOMS AND BORDER PROTECTION (CPB) TO LIQUIDATE ALL ENTRIES OF
CELLULAR MOBILE TELEPHONES AND SUBASSEMBLIES (CMTS) FROM JAPAN
FOR ALL FIRMS EXCEPT MATSUSHITA COMMUNICATION INDUSTRIAL COMPANY,
LTD. (MATSUSHITA) (A-588-405-006), AND MURATA MANUFACTURING CO.,
LTD. (MURATA) (A-588-405-011). (SEE MESSAGE #7073112 DATED
03/14/1997.)

ON 08/11/1998, THE DEPARTMENT OF COMMERCE INSTRUCTED THE CBP TO
LIQUIDATE ENTRIES OF CMTS FROM JAPAN CONTAINING CERTAIN MODELS
MANUFACTURED BY MURATA. (SEE MESSAGE #8223112 DATED 08/11/1998.)

ON 04/03/2002, THE DEPARTMENT OF COMMERCE INSTRUCTED THE CBP TO
LIQUIDATE ENTRIES OF CMTS FROM JAPAN CONTAINING CERTAIN MODELS
MANUFACTURED BY MATSUSHITA. (SEE MESSAGE #2093207 DATED
04/03/2002.)

2. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY ORDERS. INSTEAD,
REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 351.213 OF
THE COMMERCE DEPARTMENT REGULATIONS.

3. 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 ALL
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE OF
ENTRY TO WHICH THE FOLLOWING INFORMATION APPLIES:

CELLULAR MOBILE TELEPHONES FROM JAPAN PERIOD

A-588-405 12/01/1994-11/30/1995

LIQUIDATE ALL ENTRIES FOR MURATA (A-588-405-011) NOT COVERED BY
MESSAGE #8223112 AND MATSUSHITA (A-588-405-006) NOT COVERED BY
MESSAGE #2093207.


4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. COMMERCE REVOKED THE ANTIDUMPING DUTY ORDER
ON THE MERCHANDISE LISTED ABOVE EFFECTIVE 01/01/2000 (64 FR
15728, DATED 04/01/1999). THEREFORE, YOU SHALL NOT CONTINUE TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR
SUBSEQUENT ENTRIES OF THE SUBJECT MERCHANDISE.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY U.S. CUSTOMS AND
BORDER PROTECTION (CBP) ON 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 WHICH IS 12/19/1985. 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. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED
IN 19 CFR 351.402(f)(2). IMPORTERS WERE NOTIFIED OF THIS
REQUIREMENT WHEN THE NOTICES OF PRELIMINARY AND FINAL RESULTS OF
THE ADMINISTRATIVE REVIEW WERE PUBLISHED IN THE FEDERAL REGISTER.
THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION OF THE ENTRY. IF THE IMPORTER CERTIFIES THAT IT HAS
AN AGREEMENT WITH THE EXPORTER TO BE REIMBURSED ANTIDUMPING
DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES 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 DOUBLE THE ANTIDUMPING DUTIES DUE.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR
(202) 482-3577 RESPECTIVELY (GENERATED BY O5:YJC).

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA