MESSAGE NO: 8049111 DATE: 02 18 1998
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 463 - 501 A - 449 - 801
A - 451 - 801 A - 464 - 101
A - 485 - 601 A - 462 - 107

PERIOD COVERED: 07 01 1996 TO 06 30 1997

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NON REVIEW/AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
JULY 96/97


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OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH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.

SOLID UREA FROM KYRGYZSTAN PERIOD A-463-501
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 07/01/96-06/30/97

SOLID UREA FROM LATVIA-BALTIC PERIOD A-449-801
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 07/01/96-06/30/97

SOLID UREA FROM LITHUANIA PERIOD A-451-801
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 07/01/96-06/30/97

SOLID UREA FROM MOLDOVA PERIOD A-464-101
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 07/01/96-06/30/97

SOLID UREA FROM ROMANIA PERIOD A-485-601
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 07/01/96-06/30/97

FERROVANADIUM FROM RUSSIA PERIOD A-462-107
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 07/01/96-06/30/97

GALT ALLOYS, INC.


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OR PRODUCED BY THE LISTED FIRMS AND ENTERED, OR WITHDRAWN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 NOVEMBER 24, 2009. THE ORIGINAL
MESSAGE WAS SENT TO CMC DIRECTORS AND PORT DIRECTORS, NOT
DIRECTORS, FIELD OPERATIONS AND 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.