MESSAGE NO: 8038207 DATE: 02 07 2008
CATEGORY: ADA TYPE: LIQ
REFERENCE: 6069205 REFERENCE DATE: 03 10 2006
CASES: A - 485 - 803 - -
- - - -
- - - -

PERIOD COVERED: 08 01 2003 TO 07 31 2004

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQ. INST. FOR CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE
FROM ROMANIA PRO'D BY ISPAT SIDEX S.A. (MITTAL STEEL)
(A-485-803-000/001)

1. ON 10/15/2007, THE COURT OF APPEALS FOR THE FEDERAL CIRCUIT (
CAFC) ISSUED A FINAL DECISION IN THE CASE OF MITTAL STEEL GALATI
S.A. (FORMERLY KNOWN AS ISPAT SIDEX S.A.) V. UNITED STATES (CAFC
COURT NUMBER 2007-1480). AS A RESULT OF THIS DECISION, THE
INJUNCTION TO WHICH MESSAGE NUMBER 6069205 (DATED 03/10/2006)
REFERS ENJOINING LIQUIDATION OF CERTAIN ENTRIES WHICH ARE
SUBJECT TO THE ANTIDUMPING DUTY ORDER ON CERTAIN CUT-TO-LENGTH
STEEL PLATE FROM ROMANIA (A-485-803), MANUFACTURED BY MITTAL
STEEL GALATI S.A. (FORMERLY ISPAT SIDEX S.A.) AND EXPORTED BY
METALEXPORTIMPORT S.A. FOR THE PERIOD 08/01/2003 THROUGH
07/31/2004 DISSOLVED ON 10/15/07. THE DEPARTMENT OF COMMERCE
(COMMERCE) PUBLISHED IN THE FEDERAL REGISTER THE FINAL RESULTS OF
ADMINISTRATIVE REVIEW ON 02/10/2006 (71 FR 7008).

2. FOR ALL SHIPMENTS OF CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE
FROM ROMANIA WHICH WERE PRODUCED BY ISPAT SIDEX S.A. (MITTAL
STEEL GALATI S.A.'S NAME AT THE TIME THE ENTRIES WERE MADE) AND
EXPORTED BY METALEXPORTIMPORT S.A., AND WHICH WERE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD
08/01/2003 THROUGH 07/31/2004, ASSESS AN ANTIDUMPING LIABILITY
OF 75.04 PERCENT OF THE ENTERED VALUE.

3. NOTE THAT ISPAT SIDEX S.A. (MITTAL STEEL GALATI S.A.'S NAME
AT THE TIME THE ENTRIES WERE MADE) ENTRIES MAY HAVE ENTERED
UNDER A-485-803-000 OR A-485-803-001. NOTE THAT
METALEXPORTIMPORT S.A. ENTRIES MAY HAVE ENTERED UNDER A-485-803-
000.


4. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT
REGULATION ON MAY 6, 2003 (68 FR 23954), SHIPMENTS OF CERTAIN
CUT-TO-LENGTH CARBON STEEL PLATE FROM ROMANIA WHICH WERE
PRODUCED BY ISPAT SIDEX S.A. (MITTAL STEEL GALATI S.A.'S NAME AT
THE TIME THE ENTRIES WERE MADE) AND ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 08/01/2003 THROUGH
07/31/2004, AND NOT COVERED BY PARAGRAPHS 2 OR 3, ASSESS
ANTIDUMPING DUTIES AT THE ALL-OTHERS RATE IN EFFECT ON THE DATE
OF ENTRY. THE ALL-OTHERS RATE FOR CERTAIN CUT-TO-LENGTH CARBON
STEEL PLATE FROM ROMANIA IS 75.04 PERCENT.

5. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE
DURING THE PERIOD 08/01/2003 THROUGH 07/31/2004. FOR ENTRIES OF
SUBJECT MERCHANDISE DURING THE PERIOD 08/01/2004 THROUGH
07/31/2005, REFER TO MESSAGE NUMBERS 5305206 (DATED 11/01/2005),
7095207 (DATED 04/05/2007), AND 7094202 (DATED 04/04/2007). FOR
ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 08/01/2005
THROUGH 12/14/2005, REFER TO MESSAGE NUMBERS 6317205 (DATED
11/13/2006), 7360210 (DATED 12/26/2007), AND 7360209 (DATED
12/26/2007).

6. AS A RESULT OF A FIVE-YEAR ("SUNSET") REVIEW, COMMERCE HAS
REVOKED THE ANTIDUMPING DUTY ORDER ON CERTAIN CUT-TO-LENGTH
CARBON STEEL PLATE FROM ROMANIA (A-485-803). THIS REVOCATION
WAS PUBLISHED IN THE FEDERAL REGISTER ON 02/12/2007 (72 FR
6519). THE EFFECTIVE DATE OF THE REVOCATION IS 12/15/2005.
THEREFORE, ALL ENTRIES OF THE SUBJECT MERCHANDISE ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER 12/15/2005
SHOULD BE LIQUIDATED WITHOUT REGARD TO ANTIDUMPING DUTIES, AND
U.S. CUSTOMS AND BORDER PROTECTION (CBP) IS DIRECTED NOT TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES ON THE
SUBJECT MERCHANDISE. SEE MESSAGE NUMBER 7045205 (DATED
02/14/2007).

7. THE ASSESSMENT OF ANTIDUMPING DUTIES BY 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.


8. 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 IT 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.

9. 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 07:JD)

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

DAVID M. GENOVESE