MESSAGE NO: 7163112 DATE: 06 12 1997
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 830 - -
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PERIOD COVERED: 07 31 1994 TO 01 31 1997

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: AMENDED FINAL DETERMINATION AND ANTIDUMPING DUTY ORDER
IN THE INVESTIGATION OF COUMARIN FROM THE PEOPLES
REPUBLIC OF CHINA (A-570-830)

1. ON MAY 6, 1997, THE DEPARTMENT OF COMMERCE RECEIVED A REMAND
ORDER FROM THE COURT OF INTERNATIONAL TRADE, IN RHONE POULENC
INC. V U.S., CT. NO. 95-03-00275. PURSUANT TO THIS REMAND ORDER,
THE DEPARTMENT OF COMMERCE PREPARED THE FINAL RESULTS OF
REDETERMINATION. ON FEBRUARY 4, 1997, THE CIT AFFIRMED THESE
REMAND RESULTS. ON FEBRUARY 25, 1997, THE DEPARTMENT OF COMMERCE
PUBLISHED IN THE FEDERAL REGISTER ITS AMENDED FINAL DETERMINATION
AND ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF COUMARIN FROM
THE PEOPLE'S REPUBLIC OF CHINA IN ACCORDANCE WITH THESE REMAND
RESULTS.

2. THE PRODUCT COVERED BY THIS ORDER IS COUMARIN. COUMARIN IS
AN AROMA CHEMICAL WITH THE CHEMICAL FORMUAL C9H602 THAT IS ALSO
KNOWN BY OTHER NAMES, INCLUDING 2H-1-BENZOPYRAN-2-ONE,
1,2-BENZOPYRONE, CIS-O-COUMARIC ACID LACTONE, COUMARINIC
ANHYDRIDE 2-OXO-1, 2-BENZOPYRAN, 5, 6-BENZO-ALPHA-PYRONE,
ORTHO-HYDROXYC INNAMIC ACID LACTONE, CIS-ORTHO-COUMARIC ACID
ANHYDRIDE, AND TONKA BEAN CAMPHOR.

ALL FORMS AND VARIATIONS OF COUMARIN ARE INCLUDED WITH THE
SCOPE OF THE ORDER, SUCH AS COUMARIN CRYSTAL, FLAKE, OR POWDER
FORM, AND "CRUDE" OR UNREFINED COUMARIN (I.E., PRIOR TO
CRYSTALLIZATION). EXCLUDED FROM THE SCOPE OF THIS ORDER ARE
ETHYLCOUMARINS (C11H1002) AND METHYCOUMARINS (C10H802). COUMARIN
IS CLASSIFIABLE UNDER SUBHEADING 2832.21.0000 OF THE HARMONIZED
TARIFF SCHEDULE OF THE UNITED STATES (HTSUS). ALTHOUGH THE HTSUS
SUBHEADING IS PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, OUR
WRITTEN DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION IS
DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-570-830.

4. FOR IMPORTS OF COUMARIN FROM THE PEOPLE'S REPUBLIC OF CHINA,
THE CUSTOMS SERVICE SHALL LIQUIDATE ENTRIES OF SUCH SHIPMENTS
THAT ARE ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON
OR AFTER JULY 31, 1994 UP TO AND INCLUDING JANUARY 31, 1997, AT
THE FOLLOWING RATES.

MANUFACTURER/PRODUCER/EXPORTER CUSTOMS ID MARGIN
NUMBER PERCENTAGE

JIANGSU NATIVE PRODUCE I/E CORP. A-570-830-001 31.02%
TIANJI NATIVE PRODUCE I/E CORP. A-570-830-002 70.45%
ALL OTHERS A-570-830-000 160.80% (NO CHANGE)

5. EFFECTIVE FEBRUARY 01, 1997, FOR SUCH ENTRY SUMMARIES,
COLLECT A CASH DEPOSIT EQUAL TO THE MARGIN RATES SHOWN ABOVE.

6. 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
REQUIRED THROUGH THE DATE OF LIQUIDATION. THE RATE AT WHICH SUCH
INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER SECTIN 6621 OF
THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.

7. 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 DUTES, 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 STATEMENT PRIOR TO LIQUIDATIONS, CUSTOMS SHOULD
PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
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 DAVID J. GOLDBERGER OR
KATHERINE JOHNSON, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT 202-482-4136 OR 202-482-4929.

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

BYLLE PATTERSON