MESSAGE NO: 7040201 DATE: 02 09 2007
CATEGORY: ADA TYPE: LIQ
REFERENCE: 6362202 REFERENCE DATE: 12 28 2006
CASES: A - 351 - 806 - -
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PERIOD COVERED: 07 01 2005 TO 02 15 2006

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: RESCISSION OF ADMINISTRATIVE REVIEW OF ANTIDUMPING DUTY
ORDER ON SILICON METAL FROM BRAZIL (A-351-806)


1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER
ON SILICON METAL FROM BRAZIL (A-351-806), COVERING THE PERIOD
07/01/2005 THROUGH 02/15/2006, HAS BEEN RESCINDED BECAUSE
CAMARAGO CORREA METAIS S.A., COMPANHIA FERROLIGAS DE MINAS
GERAIS-MINASLIGAS, ITALMAGNESIO NORDESTE S.A., AND LIGAS DE
ALUMINIO S.A. REPORTED THAT THEY HAD NO SHIPMENTS OF SUBJECT
MERCHANDISE DURING THIS PERIOD.

2. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT
REGULATION ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS OF
SILICON METAL FROM BRAZIL PRODUCED BY CAMARAGO CORREA METAIS
S.A., COMPANHIA FERROLIGAS DE MINAS GERAIS-MINASLIGAS,
ITALMAGNESIO NORDESTE S.A., AND LIGAS DE ALUMINIO S.A., ENTERED
OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
07/01/2005 THROUGH 02/15/2006, AND EXPORTED BY FIRMS OTHER THAN
CAMARAGO CORREA METAIS S.A., COMPANHIA FERROLIGAS DE MINAS
GERAIS-MINASLIGAS, ITALMAGNESIO NORDESTE S.A., AND LIGAS DE
ALUMINIO S.A. (LIASA), ASSESS ANTIDUMPING DUTIES AT THE
ALL-OTHERS RATE IN EFFECT ON THE DATE OF ENTRY. THE ALL-OTHERS
RATE FOR SILICON METAL FROM BRAZIL IS 91.06 PERCENT. ENTRIES MAY
HAVE BEEN MADE UNDER A-351-806-000 OR ANY MANUFACTURER-SPECIFIC
CASE NUMBERS.

3. 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 ON
JANUARY 19, 2007 (72 FR 2492). THE SUSPENSION OF LIQUIDATION FOR
ALL ENTRIES ON OR AFTER 02/16/2006 WAS LIFTED UPON PUBLICATION
OF THE NOTICE OF REVOCATION. WHICH PUBLISHED IN THE FEDERAL
REGISTER ON 12/21/2006 (71 FR 76635). SEE ALSO CUSTOMS MESSAGE
NUMBER 6362202, DATED 12/28/2006.

4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY 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 OVER-PAYMENTS 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 O5:JNK).

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

CATHY SAUCEDA