- Period Covered: 06/01/1994 to 05/31/1995
MESSAGE NO: 6128114
DATE: 05 07 1996
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 559 - 802
A - 401 - 040
A - 583 - 080
A - 583 - 505
A - 583 - 816
A - 583 - 820
PERIOD COVERED:
06 01 1994
TO
05 31 1995
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: NON REVIEW AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
SINGAPORE (A-559-802), SWEDEN (A-401-040), AND
TAIWAN (A-583-080/505/816/020)
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 LISTEDBELOW, 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ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM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.
INDUSTRIAL BELTS FROM SINGAPORE
PERIOD
A-559-802
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
06/01/94-05/31/95
STAINLESS STEEL PLATE FROM SWEDEN
PERIOD
A-401-040
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
06/01/94-05//31/95
CARBON STEEL PLATE FROM TAIWAN
PERIOD
A-583-080
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
06/01/94-05/31/95
OIL COUNTRY TUBULAR GOODS FROM TAIWAN
PERIOD
A-583-505
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
06/01/94-5/31/95
STAINLESS STEEL BUTT-WELD PIPE
PERIOD
FITTINGS
FROM TAIWAN A-583-816
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
06/01/94-05/31/95
TA CHEN STAINLESS PIPE, LTD.
HELICAL SPRING LOCK WASHERS FROM TAIWAN
PERIOD
A-583-020
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
06/01/94-05/31/95
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THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR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
NOTE:
THIS MESSAGE WAS INADVERTENTLY REMOVED FROM ADIL SO HAS
BEEN REPOSTED TO ADIL ON OCTOBER 4, 2005.
THE ORIGINAL MESSAGE,
WHICH APPEARS IN CEBB, WAS ORIGINALLY SENT TO CMC DIRECTORS, NOT
DIRECTORS, FIELD OPERATIONS AND WAS FROM THE DIRECTOR, IMPORT
OPERATIONS.
IMPORT OPERATIONS IS NOW SPECIAL ENFORCEMENT.
THE
CASE NUMBERS HAVE BEEN ADDED TO THE "RE:" LINE.
THE BALANCE OF
THE TEXT AND INFORMATION REMAINS UNCHANGED.