- Period Covered: 05/01/2005 to 04/30/2006
MESSAGE NO: 6285204
DATE: 10 12 2006
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 580 - 831
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PERIOD COVERED:
05 01 2005
TO
04 30 2006
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: AUTOMATIC LIQUIDATION INSTRUCTION FOR STAINLESS STEEL
PLATE IN COILS FROM SOUTH KOREA (A-580-831).
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING FINDINGS/DUTY ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION
351.213 OF THE COMMERCE DEPARTMENT 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. THEREFORE,
IN ACCORDANCE WITH SECTION 351.212(c) 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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE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.
STAINLESS STEEL PLATE IN COIL FROM SOUTH KOREA (A-580-831)
05/01/2005 - 04/30/2006
LIQUIDATE ALL ENTRIES FOR ALL FIRMS.
3. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF SUBJECT MERCHANDISE DURING THE PERIOD 05/01/2005 THROUGH
04/30/2006 OCCURRED WITH THE PUBLICATION OF THE NOTICE OF
INITIATION OF ADMINISTRATIVE REVIEW (71 FR 37892, 07/03/2006).
YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES OF THE SUBJECT
MERCHANDISE AT THE CURRENT RATES.
4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON SHIPMENTS OR ENTRIES OF THIS MERCHANDISE IS
SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF
1930. SECTION 778 REQUIRES THAT CBP 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 OF PAYMENT OF ESTIMATED ANTIDUMPING DUTIES 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.
5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT
THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN
SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT REGULATIONS.
THE
IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION OF THE ENTRY. IF THE IMPORTER CERTIFIES THAT IT HAS
AN
AGREEMENT WITH THE EXPORTER TO BE REIMBURSED ANTIDUMPING DUTIES,
CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER DOES
NOT RESPOND TO YOUR FORMAL REQUEST FOR THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT
AND DOUBLE THE ANTIDUMPING DUTIES DUE.
6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O2:EE).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
CATHY SAUCEDA