- Period Covered: 08/01/2004 to 07/31/2005
MESSAGE NO: 6286206
DATE: 10 13 2006
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 215
A - 588 - 216
A - 588 - 835
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PERIOD COVERED:
08 01 2004
TO
07 31 2005
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQ. INST. &
NOTIFICATION OF RESCISSION OF ANTIDUMPING
ADMIN. REVIEW OF OIL COUNTRY TUBULAR GOODS FROM JAPAN
(COMMERCE CASE #A-588-835, CBP CASE #A-588-215/216)
1.
THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
OIL COUNTRY TUBULAR GOODS (OCTG) FROM JAPAN (COMMERCE CASE
NUMBER: A-588-835, CBP CASE NUMBERS: A-588-215/588-216),
COVERING THE PERIOD 08/01/2004 THROUGH 07/31/2005, HAS BEEN
RESCINDED BECAUSE JFE STEEL CORPORATION (JFE) AND NKK TUBES
(NKK) HAD NO SHIPMENTS OF OCTG DURING THE PERIOD OF REVIEW, AND
NIPPON STEEL CORPORATION (NSC) AND SUMITOMO METAL INDUSTRIES,
LTD (SUMITOMO) HAD NO REVIEWABLE SALES OF OCTG DURING THE PERIOD
OF REVIEW.
YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION DURING THE PERIOD LISTED BELOW AT THE CASH DEPOSIT
OR BONDING RATE REQUIRED AT THE TIME OF ENTRY.
OIL COUNTRY TUBULAR GOODS
FROM JAPAN
A-588-215/A-588-216
PERIOD: 08/01/2004 THROUGH 07/31/2005
LIQUIDATE ALL ENTRIES.
2.
NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF THE MERCHANDISE FOR THE PERIOD LISTED ABOVE OCCURRED
WITH THE PUBLICATION OF THE RESCISSION OF THE ADMINISTRATIVE
REVIEW (71 FR 55166) ON SEPTEMBER 21, 2006.
YOU SHALL CONTINUE
TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE
MERCHANDISE AT THE CURRENT RATES.
3.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY U.S. CUSTOMS AND
BORDER PROTECTION (CBP) ON 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.
4.
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.
5.
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
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY.
(GENERATED BY O6: JJZ).
6.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA