- Period Covered: 01/01/1994 to 12/31/1994
MESSAGE NO: 6066115
DATE: 03 06 1996
CATEGORY: CVD
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
C - 201 - 003
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PERIOD COVERED:
01 01 1994
TO
12 31 1994
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, TECHNICAL PROGRAMS
RE: LIQUIDATION INSTRUCTIONS FOR CERAMIC TILE FROM
MEXICO (C-201-003) FOR THE PERIOD 1/1/94
THROUGH 12/31/94
1.
ON FEBRUARY 21, 1996, THE DEPARTMENT OF COMMERCE AMENDED THE
REVOCATION OF THE COUNTERVAILING DUTY ORDER ON CERAMIC TILE
FROM MEXICO (C-201-003) TO BE EFFECTIVE APRIL 23, 1985, IN
ACCORDANCE WITH THE COURT OF APPEALS FOR THE FEDERAL
CIRCUIT'S (CAFC'S) DECISION IN CERAMICA REGIOMONTANA,
S.A. V. UNITED STATES, CT. NO 95-1026 (CERAMICA DECISION).
2.
THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON
CERAMIC TILE FROM MEXICO FOR THE REVIEW PERIOD
JANUARY 1, 1994 THROUGH DECEMBER 31, 1994.
PURSUANT TO THE
CERAMICA DECISION, YOU ARE INSTRUCTED TO LIQUIDATE ALL
ENTRIES OF CERAMIC TILE FROM MEXICO EXPORTED ON OR AFTER
JANUARY 1, 1994 WHICH ENTERED ON OR BEFORE DECEMBER 31, 1994
AND ASSESS COUNTERVAILING DUTIES AT ZERO PERCENT.
3.
IMPORTS COVERED BY THE ORDER WERE SHIPMENTS OF CERAMIC TILE
FROM MEXICO, INCLUDING NON-MOSAIC, GLAZED, AND UNGLAZED
CERAMIC FLOOR AND WALL TILE.
DURING THE REVIEW PERIOD,
THIS MERCHANDISE WAS CLASSIFIABLE UNDER HTS ITEM NUMBERS
6907.10.0000, 6907.90.0000, 6908.10.0000 AND
6908.90.0000.
4.
THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE EXPORTED ON OR AFTER JANUARY 1, 1994 WHICH
ENTERED ON OR BEFORE DECEMBER 31, 1994 IS LIFTED.
INSTRUCTIONS FOR LIQUIDATING ALL ENTRIES MADE ON OR AFTER
JANUARY 1, 1995 AS WELL AS TERMINATING THE SUSPENSION OF
LIQUIDATION WERE ISSUED IN THE EARLIER MESSAGE #5229115
DATED MARCH 17, 1995.
5.
THE ASSESSMENT OF COUNTERVAILING 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 THA
PAYABLE AT THE RATE IN EFFECT UNDER SECTION 6621 OF THE
INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.
SECTION 778
REQUIRES THAT CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS
INTEREST ON UNDERPAYMENTS, OF THE REQUIRED AMOUNTS
DEPOSITED AS ESTIMATED COUNTERVAILING DUTIES.
THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS
ESTIMATED COUNTERVAILING DUTIES BEFORE THE DATE OF
PUBLICATION OF THE COUNTERVAILING DUTY ORDER.
INTEREST SHALL BE
CALCULATED FROM THE DATE PAYMENT OF ESTIMATED COUNTERVAILING
DUTIES IS REQUIRED THROUGH THE DATE OF LIQUIDATION.
THE RATE AT WHCIH SUCH INTEREST IS PAYABLE IS THE RATE IN
EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954
FOR SUCH PERIOD.
6.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, TECHNICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY, USING ATTRIBUTE "HQ OAB"
THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD
CONTACT GAYLE LONGEST AT (202) 482-2786, OFFICE OF
COUNTERVAILING COMPLIANCE, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
NANCY MCTIERNAN