- Period Covered: 07/01/1994 to 06/30/1995
MESSAGE NO: 6103114
DATE: 04 12 1996
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 463 - 101
A - 463 - 201
A - 462 - 201
A - 351 - 804
A - 351 - 806
A - 447 - 801
PERIOD COVERED:
07 01 1994
TO
06 30 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WITHDRAWN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.
SOLID UREA FROM ARMENIA
PERIOD
A-463-101
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
07/01/94 - 06/30/95
SOLID UREA FROM AZERBAIJAN
PERIOD
A-463-201
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
07/01/94 - 06/30/95
SOLID UREA FROM BELARUS-BALTIC
PERIOD
A-462-201
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
07/01/94 - 06/30/95
INDUSTRIAL NITROCELLULOSE FROM BRAZIL
PERIOD
A-351-804
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
07/01/94 - 06/30/95
SILICON METAL FROM BRAZIL
PERIOD
A-351-806
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
07/01/94 - 06/30/95
COMPANHIA BRASILEIRA CARBURETO
DE CALCIO
CAMARGO CORREA METALS S.A.
ELETROSILEX BELO HORIZONTE
COMPANHIA FERROLIGAS MINAS
GERAIS-MINASLIGAS
RIMA ELETROMETALURGICA S.A.
SOLID UREA FROM ESTONIA-BALTIC
PERIOD
A-447-801
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
07/01/94 - 06/30/95
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WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING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 APPROPRIATE 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