MESSAGE NO: 7277113
DATE: 10 03 1996
CATEGORY: CVD
TYPE: LIQ
REFERENCE: 5230111
REFERENCE DATE: 08 18 1995
CASES:
C - 475 - 815
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PERIOD COVERED:
11 28 1994
TO
12 31 1995
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: AUOTMATIC LIQUIDATION FOR SEAMLESS PIPE FROM ITALY,
(C-475-815)
FOR THE PERIOD 11/28/94 THROUGH 12/31/95
1.
THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON
SEAMLESS PIPE FROM ITALY (C-475-815) FOR THE PERIOD
11/28/94-12/31/95.
2.
THE MERCHANDISE COVERED BY THESE INSTRUCTIONS IS SEAMLESS
PIPE FROM ITALY (C-475-815).
THESE PRODUCTS INCLUDE SMALL
DIAMETER SEAMLESS CARBON AND ALLOY STANDARD. LINE AND PRESSURE
PIPES (SEAMLESS PIPES) PRODUCED TO THE ASTM A-335. ASTM A-106,
ASTM A-53 AND API 5L SPECIFICATIONS AND MEETING THE PHYSICAL
PARAMETERS DESCRIBED BELOW, REGARDLESS OF APPLICATION.
THE
SCOPE OF THIS INVESTIGATION AND ORDER ALSO INCLUDES ALL PRODUCTS
USED IN STANDARD, LINE OR PRESSURE PIPE APPLICATIONS AND MEETING
THE PHYSICAL PARAMETERS BELOW FROM ITALY, REGARDLESS OF
SPECIFICATION. SEAMLESS PIPES ARE SEAMLESS CARBON AND ALLOY
(OTHER THAN STAINLESS) STEEL PIPES, OF CIRCULAR CROSS-SECTION,
NOT MORE THAN 114.3MM (4.5 INCHES) IN OUTSIDE DIAMETER,
REGARDLESS OF WALL THICKNESS, MANUFACTURING PROCESS
(HOT-FINISHED OR COLD-DRAWN), END FINISH (PLAIN END, BEVELED
END, UPSET END, THREADED, OR THREADED AND COUPLED), OR SURFACE
FINISH. THESE PIPES ARE COMMONLY KNOWN AS STANDARD PIPE, LINE
PIPE OR PRESSURE PIPE, DEPENDING UPON THE APPLICATION.
THEY MAY
ALSO BE USED IN STRUCTURAL APPLICATIONS.
PIPES PRODUCED IN
NON-STANDARD WALL THICKNESSES ARE COMMONLY REFERRED TO AS TUBES.
SUCH MERCHANDISE IS CLASSIFIABLE UNDER HTS ITEM NUMBERS
7304.10.1020, 7304.10.5020, 7304.31.6050, 7304.39.0016,
7304.39.0020, 7304.39.0024, 7304.39.0028, 7304.39.0032,
7304.51.5005, 7304.51.5060, 7304.59.6000, 7304.59.8010,
7304.59.8015, 7304.59.8020, AND 7304.59.8025. PLEASE NOTE, OUR
PREVIOUS MESSAGE #523011 DATED AUGUST 18, 1995 INCLUDES FURTHER
DETAILS ON THE DESCRIPTION OF THE SCOPE.
3.
THEREFORE, IN ACCORDANCE WITH SECTION 355.22(G) OF THE
COMMERCE REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES AT
RATES EQUAL TO THE CASH DEPOSIT OF ESTIMATED COUNTERVAILING
DUTIES REQUIRED AT THE TIME OF ENTRY SUMMARY ON THE SPECIFIED
SUBJECT MERCHANDISE EXPORTED ON OR AFTER NOVEMBER 28, 1994 AND
ON OR BEFORE DECEMBER 31, 1995. THE PERIOD 3/28/95 THROUGH
8/8/95 IS NOT SUBJECT TO ANY COUNTERVAILING DUTIES.
4.
THE RATES OF ESTIMATED COUNTERVAILING DUTIES WHICH WERE
REQUIRED TO BE DEPOSITED ARE:
SEAMLESS PIPE FROM ITALY
MANUFACTURERS
CASE NUMBER
PERIOD
RATE
ALL FIRMS
C-475-815
11/28/95-3/27/95
1.42%
8/9/95-12/31/95
1.47%
5.
SHIPMENTS OF THIS MERCHANDISE ENTERED, OR WITHDRAWN, FROM
WAREHOUSE, ON OR AFTER MARCH 28, 1995 AND ON OR BEFORE AUGUST 8,
1995 SHOULD BE LIQUIDATED WITHOUT REGARD TO COUNTERVAILING
DUTIES.
6.
THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CUSTOMS
SERVICE ON SHIPMENTS OR ENTRY SUMMARIES 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 COUNTERVAILING DUTIES.
THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS
POSTED AS ESTIMATED COUNTERVAILING DUTIES BEFORE THE DATE OF
PUBLICATION OF THE COUNTERVAILING DUTY ORDER.
INTEREST SHALL BE
CALCULATED FROM THE DATE OF PAYMENT OF ESTIMATED COUNTERVAILING
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.
7.
PLEASE NOTE THAT THE ASSESSMENT OF COUNTERVAILING DUTIES ON
ENTRY SUMMARIES MADE ON OR AFTER THE DEPARTMENT OF COMMERCE'S
PRELIMINARY DETERMINATION AND BEFORE THE INTERNATIONAL TRADE
COMMISSION'S FINAL AFFIRMATIVE INJURY DETERMINATION CANNOT
EXCEED THE AMOUNT OF CASH DEPOSIT OR BOND IN EFFECT AT THE TIME
OF ENTRY SUMMARY.
8.
THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
EXPORTED ON OR BEFORE 12/31/95 IS LIFTED.
SUSPENSION OF
LIQUIDATION FOR ALL ENTRY SUMMARIES OF THIS MERCHANDISE EXPORTED
AFTER 12/31/95 WILL CONTINUE.
9.
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
OFFICE OF AD/CVD ENFORCEMENT VI, IMPORT ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, (202) 482-2786.
10. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
WILLIAM D. SLYNE
NOTE:
THIS MESSAGE WAS INADVERTENTLY REMOVED FROM ADIL SO HAS
BEEN REPOSTED TO ADIL ON OCTOBER 4, 2005.
THE ORIGINAL MESSAGE,
WHICH APPEARS IN CEBB, WAS ORIGINALLY SENT TO CMC DIRECTORS, NOT
DIRECTORS, FIELD OPERATIONS AND WAS FROM THE DIRECTOR, IMPORT
OPERATIONS.
IMPORT OPERATIONS IS NOW SPECIAL ENFORCEMENT. THE
MESSAGE NUMBER IN THE "REFERENCE" FIELD HAS BEEN AMENDED TO
REFLECT THE CORRECT MESSAGE NUMBER, 5230111. THE MESSAGE NUMBER
WAS MISSING THE LAST DIGIT IN THE ORIGINAL INSTRUCTIONS.
THE
BALANCE OF THE TEXT AND INFORMATION REMAINS UNCHANGED.