- Period Covered: 08/01/2004 to 07/31/2005
MESSAGE NO: 5353206
DATE: 12 19 2005
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 357 - 809
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PERIOD COVERED:
08 01 2004
TO
07 31 2005
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQ. INST. & NOTIFICATION OF RESCISSION OF ANTIDUMPING
DUTY ADMINISTRATIVE REVIEW OF LINE AND PRESSURE PIPE
FROM ARGENTINA FOR SIDERCA S.A.I.C. (A-357-809-001)
1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
SMALL DIAMETER SEAMLESS CARBON AND ALLOY STEEL STANDARD LINE AND
PRESSURE PIPE FROM ARGENTINA, COVERING THE PERIOD 08/01/2004
THROUGH 07/31/2005, WAS RESCINDED WITH RESPECT TO SIDERCA
S.A.I.C. (SIDERCA) (A-357-809-001) ON 12/15/2005 (70 FR 74292).
COMMERCE DID NOT IDENTIFY ANY EVIDENCE OF U.S. TRANSACTIONS OF
SMALL DIAMETER SEAMLESS CARBON AND ALLOY STEEL STANDARD LINE AND
PRESSURE PIPE FROM ARGENTINA INVOLVING SIDERCA DURING THE
AFOREMENTIONED PERIOD.
2. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT
REGULATION ON 05/06/2003 (68 FR 23954), FOR ALL SHIPMENTS OF
SMALL DIAMETER SEAMLESS CARBON AND ALLOY STEEL STANDARD LINE AND
PRESSURE PIPE FROM ARGENTINA, PRODUCED BY SIDERCA, ENTERED UNDER
A-357-809-001, OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING
THE PERIOD 08/01/2004 THROUGH 07/31/2005, YOU ARE TO ASSESS
ANTIDUMPING DUTIES AT THE 'ALL OTHER' RATE.
3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE.
FOR ALL OTHER SHIPMENTS OF SMALL DIAMETER
SEAMLESS CARBON AND ALLOY STEEL STANDARD LINE AND PRESSURE PIPE
FROM ARGENTINA, YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE
TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE
MERCHANDISE AT THE CURRENT RATES.
4.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930.
SECTION 778
REQUIRES THAT CBP PAYS INTEREST ON OVERPAYMENTS, OR ASSESSES
INTEREST ON UNDER PAYMENTS, 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 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.
5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT
THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS 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 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.
6.
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
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR
(202) 482-3577 RESPECTIVELY (GENERATED BY O7: PE).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA