- Period Covered: 12/01/1994 to 11/30/1995
MESSAGE NO: 7073112
DATE: 03 14 1997
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 405
A - 588 - 091
A - 588 - 811
A - 588 - 046
A - 588 - 068
A - 580 - 810
PERIOD COVERED:
12 01 1994
TO
11 30 1995
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: NON/REVIEW AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
DECEMBER 1995
1.
THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY CONDUCTS
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY FINDINGS/ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION
353.22 OF THE COMMERCE 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, EXCEPT
FOR THE FIRMS NOTED.
THEREFORE, IN ACCORDANCE WITH SECTION
353.22(e) OF THE COMMERCE DEPARTMENT REGULATIONS,
YOU ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE
ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION
A THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE
OF ENTRY
SUMMARY.
CELLULAR MOBILE TELEHONES AND
SUBASSEMBLIES
FROM JAPAN
PERIOD 12/1/94-11/30/95
A-588-405
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
MATSUSHITA COMMUNICATION INDUSTRIAL
COMPANY, LTD.
MURATA MANUFACTURING CO.
ELECTRIC MOTORS OF HP-150-500
FROM JAPAN
PERIOD 12/1/94-11/30/95
A-588-091
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
DRAFTING MACHINES
FROM JAPAN
PERIOD 12/01/94-11/30/95
A-588-811
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
POLYCHLOROPRENE RUBBER FROM JAPAN
PERIOD 12/1/94-11/30/95
A-588-046
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
DENKI KAGUKU, K.K.
DENKI KAGUKU KOGGO,
K.K./HOEI SANGYO CO., LTD.
MITSUI BUSSAN, K.K.
SHOWA NEOPRENE, K.K./
HOEI SANGYO CO., LTD.
SUZUGO CORPORATION
TOYO SODA MFG. CO., LTD.
TOYO SODA MFG. CO., LTD./
HOEI SANGYO CO., LTD.
STEEL WIRE STRAND FOR PRESTRESSED CONCRETE
FROM JAPAN
PERIOD 12/1/94-11/30/95
A-588-068
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
WELDED STAINESS STEEL PIPES
FROM KOREA
PERIOD 12/1/94-11/30/95
A-580-810
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
3.
ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF
THE ADMINISTRATIVE
REVIEW,
CONTINUE
TO
SUSPEND
LIQUIDATION
OF
ALL ENTRIES OF MERCHANDISE
EXPORTED OR PRODUCED BY
THE LISTED FIRMS AND ENTERED,
OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING
THIS
PERIOD.
4.
THESE INSTRUCTIONS CONSTITUTES THE
IMMEDIATE LIFTING
OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE
MERCHANDISE AND PERIODS LISTED ABOVE.
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
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 PRIOR
TO
THE
DATE
OF
THE ANTIDUMPING DUTY ORDER.
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.
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE
IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
DESCRIBED IN
SECTION 353.26 OF
THE COMMERCE DEPARTMENT
REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY SUMMARY.
IF THE
IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES, CUSTOMS
SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER
FAILS TO RESPOND TO
YOUR FORMAL REQUEST (VIA CF
28
OR 29)
FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATIONS,
CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE
THE
ANTIDUMPING DUTIES
DUE.
7.
IF
THERE
ARE
ANY QUESTIONS REGARDING THIS MATTER
BY
CUSTOMS OFFICERS
PLEASE
CONTACT
VIA
E-MAIL,
THROUGH
THE APPROPRIATE SUPERVISORY CHANNELS, IMPORT OPERATIONS,
ANTIDUMPING/COUNTERVAILING DUTY
USING
ATTRIBUTE "HQ OAB."
THE IMPORTING PUBLIC AND
OTHER INTERESTED PARTIES SHOULD
CONTACT THE ANALYST IN CHARGE OF
THE CASE ON (202) 482-4737,
OFFICE OF AD/CVD ENFORCEMENT,
INTERNATIONAL
TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATON.
PAUL SCHWARTZ
(ACTING)