- Period Covered: 01/01/1995 to 12/31/1995
MESSAGE NO: 6089112
DATE: 03 29 1996
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 609
A - 580 - 603
A - 580 - 605
A - 580 - 601
A - 559 - 601
A - 470 - 007
PERIOD COVERED:
01 01 1995
TO
12 31 1995
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, TECHNICAL PROGRAMS
RE: NON REVIEW AUTOMATIC 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 THE PERIODS AND ON
THE MERCHANDISE
LISTED BELOW,
EXCEPT
FOR
THE FIRMS NOTED.
THEREFORE, IN
ACCORDANCE WITH SECTION 353.22(e) OF THE COMMERCE DEPARTMENT
REGULATIONS,
YOU
ARE
TO
ASSESS
ANTIDUMPING
DUTIES ON
MERCHANDISE ENTERED,
OR
WITHDRAWN
FROM WAREHOUSE, FOR
CONSUMPTION AT
THE CASH DEPOSIT OR BONDING RATE IN EFFECT
ON THE DATE OF ENTRY SUMMARY.
COLOR PICTURE TUBES
FROM JAPAN A-588-609
PERIOD 01/01/95-12/31/95
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
MITSUBISHI ELECTRONICS CORP.
BRASS SHEET AND STRIP
FROM KOREA A-580-603
PERIOD 01/01/95-12/31/95
LIQUIDATE ALL ENTRIES FOR ALL FIRMS :
COLOR PICTURE TUBES
FROM KOREA A-580-605
PERIOD 01/01/95-12/31/95
LIQUIDATE ALL ENTRIES FOR ALL FIRMS:
STAINLESS STEEL COOKING WARE
FROM KOREA A-580-601
PERIOD 01/01/9-12/31/95
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
COLOR PICTURE TUBES
FROM SINGAPORE A-559-601
PERIOD 01/01/95-12/31/95
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
POTASSIUM PERMANGANATE
FROM SPAIN
A-470-007
PERIOD 01/01/95- 12/31/95
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
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WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING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.
THESE INSTRUCTIONS 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.
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 PRIOR
TO
THE
DATE
OF
THE
ANTIDUMPING DUTY ORDER.
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 PAYMENT OF ESTIMATED
ANTIDUMPING
DUTIES
IS REQUIRED 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.
6.
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE
IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
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 LIQUIDATIONS,
CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE
THE
ANTIDUMPING DUTIES
DUE.
7.
IF
THERE
ARE
ANY QUESTIONS REGARDING THIS MATTER
BY
CUSTOMS OFFICERS
PLEASE
CONTACT VIA E-MAIL, THROUGH
THE APPROPRIOATE SUPERVISORY CHANNELS, TECHNICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY, USING ATTRIBUTE
"HQ OAB."
THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT THE ANALYST
IN CHARGE OF
THE CASE ON (202) 482-5253, OFFICE OF
ANTIDUMPING
COMPLIANCE,
INTERNATIONAL
TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATON.
NANCY MCTIERNAN