- Period Covered: 08/01/1993 to 07/31/1994
MESSAGE NO: 6044116
DATE: 02 13 1996
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 462 - 302
A - 464 - 403
A - 479 - 601
A - 307 - 701
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PERIOD COVERED:
08 01 1993
TO
07 31 1994
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, TECHNICAL PROGRAMS
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DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR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.
URANIUM FROM UKRAINE
PERIOD
A-462-302
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
8/30/93 - 7/31/94
TITANIUM SPONGE FROM UZBEKISTAN
PERIOD
A-464-403
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
8/1/93 - 7/31/94
TAPERED ROLLER BEARINGS FROM YUGOSLAVIA
PERIOD
A-479-601
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
8/1/93 - 7/31/94
ALUMINUM ROD FROM VENEZUELA
PERIOD
A-307-701
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THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR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 ENTRY SUMMARIES 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.
UPON ASSESSMENT OF ANTIDUMPING DUITES, 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 SUMMARY.
IF THE IMPORTER HAS BEEN REIMBURSED ANTIDUMPING
DUTIES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE
WITH THE 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.
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 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.
7.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLESE CONTACT VIA
E-MAIL THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, TECHNICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY, USING THE ATTRIBUTE "HQ OAB."
THE
IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT THE SPECIFIC
CASE ANALYST ON (202) 482-5253, OFFICE OF ANTIDUMPING COMPLIANCE,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.
8.
THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN