MESSAGE NO: 6074111 DATE: 03 14 1996
CATEGORY: ADA TYPE: ADM
REFERENCE: REFERENCE DATE:
CASES: A - 122 - 047 - -
- - - -
- - - -

PERIOD COVERED: 12 01 1991 TO 11 30 1992

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: CASH DEPOSIT INSTRUCTIONS FOR ELEMENTAL SULPHUR FROM
CANADA (A-122-047)


1. THE DEPARTMENT OF COMMERCE HAS COMPLETED ITS ADMINISTRATIVE
REVIEW OF THE ANTIDUMPING FINDING ON ELEMENTAL SULPHUR FROM
CANADA FOR THE PERIOD 12/01/91 THROUGH 11/30/92 (61 FR
8239).

2. FOR SHIPMENTS OF ELEMENTAL SULPHUR FROM CANADA ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
03/04/96, A CASH DEPOSIT IS REQUIRED FOR THE FOLLOWING
MANUFACTURERS/EXPORTERS:

A-122-047-100 Husky Oil Ltd. 7.17%
A-122-047-023 Mobil Oil 7.17%
A-122-047-027 Petrosul 7.17%
A-122-047-101 Brimstone Export 28.9%
A-122-047-086 Burza Resources 28.9%
A-122-047-009 Canamex 28.9%
A-122-047-080 Delta Marketing 28.9%
A-122-047-097 Drummond Oil & Gas 28.9%
A-122-047-038 Fanchem 28.9%
A-122-047-028 Real International Marketing 28.9%
A-122-047-102 Saratoga Processing Co. 28.9%
A-122-047-042 Sulbow Minerals 28.9%


3. FOR OTHER PREVIOUSLY REVIEWED COMPANIES NOT NAMED ABOVE, THE
CASH DEPOSIT RATE IS THE RATE PROVIDED IN THE ANTIDUMPING
DUTY MODULE.

4. FOR ALL OTHER MANUFACTURERS/EXPORTERS OF ELEMENTAL SULPHUR,
THE CASH DEPOSIT REQUIRED IS 5.56 PERCENT.

5. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM
OTHER THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS
APPLY:

A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE HAS ITS OWN
RATE, USE THE EXPORTER'S RATE FOR DETERMINING THE CASH
DEPOSIT RATE.

B. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT
HAVE ITS OWN RATE, BUT THE MANUFACTURER HAS ITS OWN RATE,
THE CASH DEPOSIT RATE WILL BE THE MANUFACTURER'S RATE.

C. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER
CURRENTLY HAS ITS OWN RATE, OR THE MANUFACTURER IS
UNKNOWN, USE THE NEW ALL OTHERS RATE FOR ESTABLISHING
THE CASH DEPOSIT RATE.

BASED ON THE COURT OF INTERNATIONAL TRADE'S DECISION IN
FLORAL TRADE COUNCIL V. UNITED STATES, 822 F.SUPP. 766
(CIT 1993) AND FEDERAL-MOGUL CORPORATION AND THE
TORRINGTON COMPANY V. UNITED STATES, 822 F.SUPP. 782
(CIT 1993), THE DEPARTMENT HAS DETERMINED THAT IT IS
APPROPRIATE TO ADOPT THE "NEW SHIPPER" RATE OF 5.56
PERCENT ESTABLISHED IN ELEMENTAL SULPHUR FROM CANADA;
FINAL RESULTS OF ADMINISTRATIVE REVIEW OF ANTIDUMPING
FINDING, 48 FR 53592 (NOVEMBER 28, 1983) AS THE "ALL
OTHER" RATE FOR THIS FINDING.

6. THESE CASH DEPOSIT REQUIREMENTS WILL REMAIN IN EFFECT UNTIL
PUBLICATION OF THE FINAL RESULTS FOR THE NEXT ADMINISTRATIVE
REVIEW. DO NOT LIQUIDATE ANY ENTRIES COVERED BY THIS REVIEW
UNTIL YOU HAVE RECEIVED LIQUIDATION INSTRUCTIONS.

7. THERE WERE NO SHIPMENTS OF ELEMENTAL SULPHUR REPORTED TO
HAVE BEEN EXPORTED BY ALBERTA ENERGY CO., LTD., ALLIED
CORPORATION, AND NORCEN ENERGY RESOURCES DURING THE PERIOD
12/01/91 THROUGH 11/30/92. COMMERCE CONFIRMED THE ABSENCE
OF SUCH ENTRIES IN MESSAGE 5304111 ON 10/31/94. THEREFORE,
COMMERCE DOES NOT INTEND TO ISSUE LIQUIDATION INSTRUCTIONS
FOR THESES EXPORTERS FOR THIS PERIOD.

8. 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 THE
ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT THOMAS O. BARLOW AT 202-482-0410, OF THE
OFFICE OF ANTIDUMPING COMPLIANCE, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

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


NANCY MCTIERNAN