MESSAGE NO: 7344112
DATE: 12 08 1996
CATEGORY: ADA
TYPE: SCO
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 837
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PERIOD COVERED:
10 29 1996
TO
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: ANTIDUMPING SCOPE RULING ON LARGE NEWSPAPER PRINTING
PRESSES AND COMPONENTS THEREOF, WHETHER ASSEMBLED OR
UNASSEMBLED, FROM JAPAN (A-588-837)
1.
ON OCTOBER 28, 1996, IN RESPONSE TO A REQUEST BY MIYAKOSHI AMERICA
COMPANY LIMITED, A U.S. IMPORTER, THE DEPARTMENT OF COMMERCE ISSUED A
FINAL SCOPE RULING THAT THE IMPORTER'S MERCHANDISE ENTERED ON JUNE 15,
1996, UNDER CUSTOMS ENTRY NUMBER 2809035-7 AND ON AUGUST 1, 1996, UNDER
CUSTOM'S ENTRY NUMBER 1411806-7 ARE OUTSIDE THE SCOPE OF THE
ANTIDUMPING DUTY ORDER ON LARGE NEWSPAPER PRINTING PRESSES AND
COMPONENTS THEREOF FROM JAPAN BECAUSE THE MERCHANDISE DOES NOT MEET THE
CHARACTERISTICS OF THE PRODUCTS COVERED BY THE SCOPE OF THIS ORDER.
2.
EFFECTIVE IMMEDIATELY, TERMINATE THE SUSPENSION OF LIQUIDATION
AND LIQUIDATE WITH RESPECT TO THE ABOVE-DESCRIBED ENTRIES.
3. REFUND ANY CASH DEPOSITS WITH, INTEREST AND RELEASE ANY BONDS
RELATING TO THE ABOVE-DESCRIBED ENTRIES.
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 OVER PAYMENTS, OR 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 THROUG
H THE DATE OF LIQUIDATION.
THE RATE AT WHICH SUCH INTEREST IS PAYABLE
IS THE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954
FOR SUCH PERIOD.
4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS,
PLEASE CONTACT VIA E-MAIL THE APPROPRIATE SUPERVISORY CHANNELS, IMPORT
OPERATIONS, ANTIDUMPING/COUNTERVAILING DUTY, USING ATTRIBUTE "HQ OAB".
ALL OTHER INTERESTED PARTIES SHOULD CONTACT IRENE DARZENTA OR JAMES
TERPSTRA, U.S. DEPARTMENT O F COMMERCE AT (202) 482-6320 OR (202)
482-3965, RESPECTIVELY.
WILLIAM D. SLYNE