- Period Covered: 06/01/1994 to 05/31/1995
MESSAGE NO: 7122111
DATE: 05 02 1997
CATEGORY: ADA
TYPE: ADM
REFERENCE:
REFERENCE DATE:
CASES:
A - 475 - 031
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PERIOD COVERED:
06 01 1994
TO
05 31 1995
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: NOTICE OF PARTIAL REVOCATION AND CASH DEPOSIT
INSTRUCTIONS FOR LARGE POWER TRANSFORMERS FROM
ITALY (A-475-031)
1.
THE DEPARTMENT OF COMMERCE HAS COMPLETED ITS ADMINISTRATIVE
REVIEW OF THE ANTIDUMPING FINDING ON LARGE POWER
TRANSFORMERS FROM ITALY FOR THE PERIOD JUNE 1, 1994 THROUGH
MAY 31, 1995, AND PUBLISHED THE FINAL RESULTS IN THE FEDERAL
REGISTER ON JANUARY 24, 1997 (62 FR 3661).
2.
FOR SHIPMENTS OF LARGE POWER TRANSFORMERS FROM ITALY
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER JANUARY 24, 1997, COLLECT A CASH DEPOSIT AS INDICATED
BELOW.
3.
IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM
OTHER THAN TAMINI COSTRUZIONI ELECTTROMECCANICHE S.R.L. (
TAMINI) (SEE PARAGRAPH 6, BELOW, FOR INSTRUCTIONS ON
MERCHANDISE PRODUCED BY TAMINI), THEN THE FOLLOWING
INSTRUCTIONS APPLY:
A.
IF THE EXPORTER OF THE SUBJECT MERCHANDISE HAS ITS OWN
RATE, USE THE EXPORTER'S RATE FOR DETERMINING THE CASH
DEPOSIT RATE.
B.
IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT
HAVE ITS OWN RATE, BUT THE MANUFACTURER HAS ITS OWN
RATE, THE CASH DEPOSIT RATE WILL BE THE MANUFACTURER'S
RATE.
C.
WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER
CURRENTLY HAS ITS OWN RATE, OR THE MANUFACTURER IS
UNKNOWN, USE THE ALL OTHERS RATE FOR ESTABLISHING THE
CASH DEPOSIT RATE.
4.
FOR ALL OTHER ITALIAN MANUFACTURERS/EXPORTERS OF LARGE POWER
TRANSFORMERS, THE CASH DEPOSIT REQUIRED IS 92.47 PERCENT.
5.
THESE CASH DEPOSIT REQUIREMENTS WILL REMAIN IN EFFECT UNTIL
PUBLICATION OF THE FINAL RESULTS FOR THE NEXT ADMINISTRATIVE
REVIEW.
6.
THE DEPARTMENT HAS DETERMINED TO REVOKE THE ORDER WITH
RESPECT TO TAMINI.
THIS REVOCATION APPLIES TO ALL ENTRIES
OF THE SUBJECT MERCHANDISE ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER JUNE 1, 1995.
THEREFORE, CUSTOMS IS DIRECTED TO TERMINATE THE SUSPENSION
OF LIQUIDATION FOR ALL SHIPMENTS OF LARGE POWER TRANSFORMERS
MANUFACTURED/SHIPPED/EXPORTED BY TAMINI ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
JUNE 1, 1995, AND TO LIQUIDATE SUSPENDED ENTRY SUMMARIES WITHOUT
REGARD TO ANTIDUMPING DUTIES.
7.
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.
THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH BONDS POSTED AS
ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION
OF THE ANTIDUMPING DUTY FINDING.
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.
8.
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 THE ATTRIBUTE "HQ OAB."
THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT ANDREA CHU AT 202-482-4794, OF AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
PAUL SCHWARTZ
(ACTING)