MESSAGE NO: 7163207 DATE: 06 12 2007
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 201 - 817 A - 201 - 215
A - 201 - 216 - -
- - - -

PERIOD COVERED: 08 01 1998 TO 07 31 1999

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTION FOR OIL COUNTRY TUBULAR GOODS
FROM MEXICO (A-201-817/A-201-215/A-201-216)


1. ON 03/09/2001, THE DEPARTMENT OF COMMERCE
("COMMERCE") PUBLISHED THE FINAL RESULTS OF THE
ANTIDUMPING DUTY ADMINISTRATIVE REVIEW ON OIL COUNTRY
TUBULAR GOODS FROM MEXICO (66 FR 15832) COVERING THE
PERIOD 08/01/1998 THROUGH 07/31/1999. SUBSEQUENTLY,
MEXICAN PRODUCERS TUBOS DE ACERO DE MEXICO, S.A. (TAMSA
) AND HYLSA S.A. DE CV (HYLSA) FILED A REQUEST FOR
PANEL REVIEW PURSUANT TO THE NORTH AMERICAN FREE TRADE
AGREEMENT (NAFTA) ARTICLE 1904 PANEL RULES. THE NAFTA
PANEL REMANDED THE DETERMINATION TO COMMERCE ON
01/27/2006, UPHOLDING THE ORIGINAL DECISION BY COMMERCE
WITH RESPECT TO TAMSA BUT INSTRUCTING COMMERCE TO RE-
EVALUATE ITS FINDING OF A MARGIN FOR HYLSA AND ITS
DECISION NOT TO REVOKE HYLSA FROM THE ORDER SHOULD
COMMERCE'S RE-EVALUATION OF THE MARGIN RESULT IN A
FINDING BELOW DE MINIMIS.

2. IN ACCORDANCE WITH THE NAFTA PANEL'S INSTRUCTIONS,
COMMERCE RE-EXAMINED ITS DETERMINATION AND RE-
CALCULATED THE MARGIN FOR HYLSA BELOW DE MINIMIS.
HOWEVER, COMMERCE CONCLUDED THAT HYLSA DID NOT QUALIFY
FOR REVOCATION AS IT DID NOT SHIP OIL COUNTRY TUBULAR
GOODS FROM MEXICO TO THE UNITED STATES IN COMMERCIAL
QUANTITIES. THE NAFTA PANEL AFFIRMED COMMERCE'S
DECISION ON 01/16/2007.

3. THE COMMERCE CASE NUMBER IS A-201-817, WHILE THE
CUSTOMS CASE NUMBERS ARE A-201-215, A-201-216 AND
A-201-817. NOTE THAT THE CUSTOMS CASE NUMBERS (A-201-215,
A-201-216 AND A-201-817) WERE OPERATIONAL FOR OIL COUNTRY TUBULAR
GOODS FROM MEXICO DURING THIS PERIOD.

4. FOR ALL SHIPMENTS OF OIL COUNTRY TUBULAR GOODS FROM
MEXICO PRODUCED BY THE COMPANIES LISTED BELOW, AND
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
DURING THE PERIOD 08/01/1998 THROUGH 07/31/1999, ASSESS
ANTIDUMPING LIABILITY OF ZERO PERCENT OF THE ENTERED
VALUE.

TUBOS DE ACERO DE MEXICO, S.A. (A-201-215-001, A-201-
216-001, A-201-817-001)

HYLSA S.A. DE CV (A-201-215-002, A-201-216-002, A-201-
817-002)

5. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION
OF ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD
08/01/1998 THROUGH 07/31/1999 OCCURRED WITH THE
PUBLICATION OF THE AMENDED FINAL RESULTS OF
ADMINISTRATIVE REVIEW (72 FR 17110, 04/06/2007). YOU
SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT
CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE
MERCHANDISE AT THE CURRENT RATES.

6. 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 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.

7. 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 HAS AN AGREEMENT WITH THE MANUFACTURER,
PRODUCER, SELLER, OR 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.

8. 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 ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, AT (202) 482-0984 OR (202) 482-3577
RESPECTIVELY (GENERATED BY O7:JD).

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


CATHY SAUCEDA