MESSAGE NO: 5363112 DATE: 12 29 1994
CATEGORY: ADA TYPE: REV
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 035 - -
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PERIOD COVERED: 11 02 1994 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: REVOCATION OF THE ANTIDUMPING ORDER ON CADMIUM FM JAPAN
(A-588-035)


1. WE HAVE CONCLUDED THAT THE PETITIONER (NON-FERROUS METALS
PRODUCER COMMITTEE) IN THIS CASE IS NO LONGER INTERESTED IN
THE ANTIDUMPING DUTY FINDING ON CADMIUM FROM JAPAN. THE
DEPARTMENT HAS REVOKED THIS ANTIDUMPING DUTY FINDING AND
PUBLISHED THE REVOCATION IN THE FEDERAL REGISTER ON NOVEMBER
2, 1994.

2. EFFECTIVE NOVEMBER 2, 1994, TERMINATE SUSPENSION OF
LIQUIDATION OF CADMIUM FROM JAPAN AND FOR ALL ENTRIES
ENTERED, OR WITHDRAWN FROM WAREHOUSE, ON OR AFTER AUGUST 1,
1994, LIQUIDATE SUSPENDED ENTRIES WITHOUT REGARD TO
ANTIDUMPING DUTIES.

3. THE ASSESMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE ON
ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 788 OF THE TARIFF ACT ON 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 BEFORETHE 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.




4. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS
DESCRIBED IN SECTION 353.26 OF THE COMMERCE DEPARTMENT
REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER
HAS BEEN REIMBRSED ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE
THE ANTIDUMPING DUTIES IN ACCORDANCE WITHT HE
ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER
FAILS TO RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR 29) FOR
THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS
SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING
DUTIES DUE.

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD BE FORWARDED VIA E-MAIL, THROUGH THE
REGIONAL ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR, TO THE
TRADE COMPLIANCE DIVISION, ANTIDUMPING/COUNTERVAILING DUTY
BRANCH USING THE ATTRIBUTE "HQ OAB." THEIMPORTING PUBLIC AND
INTERESTED PARTIES SHOULD CONTACT ROY UNGER ON 202-482-0651,
OFFICE OF ANTIDUMPING COMPLIANCE, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE.

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




NANCY MCTIERNAN