- Period Covered: 07/01/2004 to 06/30/2005
MESSAGE NO: 7036207
DATE: 02 05 2007
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 580 - 834
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PERIOD COVERED:
07 01 2004
TO
06 30 2005
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQ. INST. FOR THE PARTIAL RESCISSION OF ADD ADMIN.
REVIEW OF ADD FINDING OF STAINLESS STEEL SHEET & STRIP
IN COILS FROM KOREA-VARIOUS MFRS/EXPRS (A-580-834)
1.
THE DEPARTMENT OF COMMERCE HAS RESCINDED THE ADMINISTRATIVE
REVIEW OF THE ANTIDUMPING DUTY ORDER ON STAINLESS STEEL SHEET
AND STRIP IN COILS FROM THE REPUBLIC OF KOREA (A-580-834),
COVERING THE PERIOD 07/01/2004 THROUGH 06/30/2005, WITH RESPECT
TO THE FOLLOWING MANUFACTURERS/EXPORTERS:
BNG STEEL CO.
HYUNDAI CORPORATION
NIC INTERNATIONAL CO., LTD.
POHANG IRON & STEEL CO., LTD.
SAMKYUNG CORPORATION
SAMMI CORPORATION
SAMWON PRECISION METALS CO., LTD.
SUN WOO TECH COMPANY
2.
THIS ADMINISTRATIVE REVIEW HAS BEEN RESCINDED WITH RESPECT
TO THESE MANUFACTURERS/EXPORTERS BECAUSE THERE IS NO EVIDENCE
THAT THEY EXPORTED SUBJECT MERCHANDISE TO THE UNITED STATES
DURING THE PERIOD 07/01/2004 THROUGH 06/30/2005.
3.
AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT
REGULATION ON MAY 6, 2003 (68 FR 23954), FOR ALL SUBJECT
MERCHANDISE PRODUCED BY THE COMPANIES LISTED IN PARAGRAPH ONE
ABOVE AND EXPORTED BY OTHER ENTITIES, ENTERED OR WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 07/01/2004 THROUGH
06/30/2005, ASSESS ANTIDUMPING DUTIES AT THE ALL OTHERS RATE IN
EFFECT ON THE DATE OF ENTRY.
THE ALL OTHERS RATE FOR STAINLESS
STEEL SHEET AND STRIP IN COILS FROM THE REPUBLIC OF KOREA IS
2.49 PERCENT.
4.
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 IN PART OF THE
ADMINISTRATIVE REVIEW (72 FR 4486) ON 01/31/2007.
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 CBP ON ENTRIES OF
THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF
THE TARIFF ACT OF 1930, AS AMENDED.
SECTION 778 REQUIRES THAT
CBP PAY INTEREST ON OVERPAYMENTS AND ASSESS INTEREST ON UNDER
PAYMENTS, 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.
6.
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 DEPARTMENT OF COMMERCE
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.
7.
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:BR).
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA