- Period Covered: 08/01/2004 to 07/31/2005
MESSAGE NO: 7094202
DATE: 04 04 2007
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 485 - 803
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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: LIQUIDATION INSTRUCTIONS FOR CERTAIN CUT-TO-LENGTH
CARBON STEEL PLATE FROM ROMANIA PRODUCED BY MITTAL
STEEL GALATI, S.A. (A-485-803-004)
1.
FOR ALL SHIPMENTS OF CERTAIN CUT-TO-LENGTH CARBON STEEL
PLATE FROM ROMANIA PRODUCED BY MITTAL STEEL GALATI, S.A.,
EXPORTED BY METALEXPORTIMPORT, IMPORTED BY SIDEX TRADING, AND
ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE
PERIOD 08/01/04 THROUGH 07/31/2005, ASSESS AN ANTIDUMPING
LIABILITY OF 0.00 PERCENT OF THE ENTERED VALUE.
2.
AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT
REGULATION ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS OF
CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE FROM ROMANIA PRODUCED
BY MITTAL STEEL GALATI, S.A., ENTERED OR WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 08/01/04 THROUGH
07/31/2005, ENTERED UNDER CASE NUMBER A-485-803-004, AND NOT
COVERED BY PARAGRAPH ONE, ASSESS ANTIDUMPING DUTIES AT THE ALL-
OTHERS RATE IN EFFECT ON THE DATE OF ENTRY.
THE ALL-OTHERS RATE
FOR CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE FROM ROMANIA IS
75.04 PERCENT.
3.
NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 08/01/2004
THROUGH 07/31/2005 OCCURRED WITH THE PUBLICATION OF THE FINAL
RESULTS OF ADMINISTRATIVE REVIEW (72 FR 6522, 02/12/2007).
FOR
ALL OTHER SHIPMENTS OF CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE
FROM ROMANIA YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE
MERCHANDISE AT THE CURRENT RATES.
4.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON ENTRIES OF THE MERCHANDISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930.
SECTION
778 REQUIRES THAT CBP PAY INTEREST ON OVERPAYMENTS AND 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 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.
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 PROVIDE 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 07:DC)
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
CATHY SAUCEDA