- Period Covered: 07/01/1996 to 06/30/1997
MESSAGE NO: 8049112
DATE: 02 18 1998
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 462 - 101
A - 580 - 805
A - 464 - 201
A - 549 - 807
A - 549 - 813
A - 549 - 812
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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT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 RUSSIA
PERIOD A-462-101
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
07/01/96-06/30/97
INDUSTRIAL NITROCELLULOSE FROM SOUTH KOREA
PERIOD A-580-805
07/01/96-06/30/97
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
MIWON CO., LTD.
SOLID UREA
FROM TAJIKISTAN
PERIOD A-464-201
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
07/01/96-06/30/97
CARBON STEEL BUTT-WELD PIPE FITTINGS
PERIOD A-549-807
FROM THAILAND
07/01/96-06/30/97
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
CANNED PINEAPPLE FROM THAILAND
PERIOD A-549-813
07/01/96-06/30/97
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
DOLE THAILAND THE THAI PINEAPPLE PUBLIC CO., LTD.
SIAM FOOD PRODUCTS PUBLIC CO., LTD.
THAI PINEAPPLE CANNING INDUSTRY
THE PRACHAUB FRUIT CANNING CO., LTD.
VITA FOOD FACTORY (1989) CO., LTD.
MALEE SAMPRAN FACTORY PUBLIC CO.
SIAM FRUIT CANNING (1988) CO., LTD.
FURFURYL ALCOHOL FROM THAILAND
PERIOD A-549-812
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
07/01/96-06/30/97
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OR WITHDRAWN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 F 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 THER 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.