MESSAGE NO: 6276111 DATE: 10 03 1995
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 583 - 508 - -
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PERIOD COVERED: 08 18 1995 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT, AREA AND PORT DIRECTORS

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: ANTIDUMPING SCOPE RULING ON PORCELAIN-ON-STEEL COOKING
WARE FROM TAIWAN (A-583-508)


1. ON AUGUST 18, 1995, IN RESPONSE TO A REQUEST BY BLAIR
CORPORATION (BLAIR), THE DEPARTMENT OF COMMERCE (THE
DEPARTMENT) ISSUED A SCOPE RULING THAT BLAIR'S COOKING WARE
ITEMS #1001, #271911, AND #271921 ARE NOT WITHIN THE SCOPE
OF THE ANTIDUMPING DUTY ORDER ON PORCELAIN-ON-STEEL COOKING
WARE (POS COOKING WARE) FROM TAIWAN, A-583-508.

2. THE COMMERCE DEPARTMENT DETERMINED THAT BLAIR'S COOKING WARE
ITEMS #1001, #271911, AND #271921 ARE NOT ENAMELED OR GLAZED
WITH VITREOUS GLASSES, AND, THEREFORE, ARE NOT COATED WITH A
PORCELAIN FINISH. ACCORDINGLY, THESE ITEMS ARE NOT WITHIN
THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING POS COOKING
WARE FROM TAIWAN.

3. EFFECTIVE 08/18/95, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF BLAIR
PRODUCTS LISTED ABOVE.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO BLAIR PRODUCTS LISTED ABOVE.

5. THE REFUND OF CASH DEPOSITS 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. 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. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF
PORCELAIN-ON-STEEL COOKING WARE SUBJECT TO THE ANTIDUMPING
DUTY ORDER ON POS COOKING WARE FROM TAIWAN.

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 THE ATTRIBUTE "HQ
OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT AMY S. WEI ON 202-482-1131, OFFICE OF ANTIDUMPING
COMPLIANCE, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE.

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


NANCY MCTIERNAN