- Period Covered: 06/01/1995 to 05/31/1996
MESSAGE NO: 8048113
DATE: 02 17 1998
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 706
A - 614 - 801
A - 421 - 805
A - 485 - 602
A - 462 - 104
A - 559 - 802
PERIOD COVERED:
06 01 1995
TO
05 31 1996
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: NON REVIEW/AUTOMATICV LIQUIDATION INSTRUCTIONS FOR
JUNE 95/96
1. THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY
CONDUCTS ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY
FINDINGS/ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN
ACCORDANCE WITH SECTION 351.213(b) OF THE COMMERCE REGULATIONS.
2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST
FOR AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY
FINDING/ORDER FOR THE PERIODS AND ON THE MERCHANDISE LISTED
BELOW, EXCEPT FOR THE FIRMS NOTED. THEREFORE, IN ACCORDANCE
WITH SECTION 351.212(c) OF THE COMMERCE DEPARTMENT REGULATIONS,
YOU ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE
ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION AT
THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY
SUMMARY.
NITRILE RUBBER FROM JAPAN
PERIOD
A-588-706
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
06/01/95-05/31/96
KIWIFRUIT FROM NEW ZEALAND
PERIOD
A-614-801
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
06/01/95-05//31/96
ARAMID FIBER FROM THE NETHERLANDS
PERIOD
A-421-805
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
06/01/95-05/31/96
ARAMIDE
PRODUCTS V.o.F.
TAPERED ROLLER BEARINGS FROM ROMANIA
PERIOD
A-485-602
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
06/01/95-05/31/96
TEHNOIMPORTEXPORT S.A.
S.C. OCROMFER SRL
A. HARTRODT
SHANGHAU YAWA PRINTING MACHINERY CO., LTD.
FAMOUS FREIGHT FORWARDING COMPANY
ACCORD SHIPPING PTE. LTD.
ABCO INTERNATIONAL FREIGHT (HONG KONG) LTD. G/F
THOMPSON RUSSEL & ULRICH SEMICONDUCTOR
VOTAINER MEDERLAND B.V
SUNRISE BEARING AND TECHNOLOGY LTD.
DESTREX DORA AFV SA DE CV AVE
MADISON METALS CORP.
EURO PRECISION
WILLIAM MCGINTY COMPANY
ASSOCIATED DYNAMICS INC.
UNIVERSAL AUTOMOTIVE TRADING COMPANY
STEVENS GRAPHICS
EURASIA FREIGHT SERVICE, INC.
ABCO INTERNATIONAL FREIGHT INC.
AMERU TRADING DE PERU S.A.
ADISON BEARING COMPANY
EHNOFORESTIMPORTEXPORT
S.C. RULMENTUL S.A. BRASOV
S.C. RULMENTI ALEXANDRIA S.A.
S.C. RULMENTI S.A. SLATINA
S.C. RULMENTI SUCEAVA S.A. SUCEAVA
S.C. RULMENTI S.A. BIRLAD
S.C. RULMENTI GREI S.A. PLOIESTI
FERROSILICON FROM RUSSIA
PERIOD A-462-104
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
06/01/95-05/31/96
INDUSTRIAL BELTS FROM SINGAPORE
PERIOD A-559-802
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
06/01/95-05/31/96
3. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF THE ADMINISTRATIVE REVIEW.
CONTINUE TO
SUSPEND LIQUIDATION OF ALL ENTRIES OF MERCHANDISE EXPORTED
OR PRODUCED BY THE LISTED FIRMS AND ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION DURING THIS PERIOD.
4. THESE INSTRUCTIONS CONSTITUTES THE
IMMEDIATE LIFTING
OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE
MERCHANDISE AND PERIODS LISTED ABOVE.
YOU SHALL CONTINUE TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE
MERCHANDISE AT THE CURRENT RATES.
5. 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 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.
6. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
DESCRIBED IN SECTION 351.402(f) 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 DUTIES, 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 AND DOUBLE THE ANTIDUMPING DUTIES
DUE.
7.
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 ANALYST IN CHARGE OF THE CASE ON (202) 482-4737, OFFICE OF
AD/CVD ENFORCEMENT, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.
8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATON.
PAUL SCHWARTZ
NOTE: THIS MESSAGE WAS INADVERTENTLY REMOVED FROM ADIL SO HAS
BEEN REPOSTED TO ADIL ON DECEMBER 3, 2009. THE ORIGINAL MESSAGE
AS SENT TO CMC DIRECTORS, PORT DIRECTORS. DIRECTOR, IMPORT
OPERATIONS IS NOW SHOWN AS DIRECTOR, SPECIAL ENFORCEMENT. THE
BALANCE OF THE TEXT AND INFORMATION REMAINS UNCHANGED AND
MATCHES THE MESSAGE THAT STILL APPEARS ON THE ADD/CVD SEARCH
APPLICATION ON CBP.GOV.