MESSAGE NO: 8064111 DATE: 03 05 1998
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 351 - 603 A - 351 - 819
A - 122 - 601 A - 122 - 605
A - 427 - 098 A - 427 - 811

PERIOD COVERED: 01 01 1996 TO 12 31 1996

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NON-REVIEW/AUTOMATIC LIQUIDATION INSTRUCTIONS FROM
JANUARY 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 OR 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OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH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.

BRASS SHEET AND STRIP FROM BRAZIL PERIOD A-351-603
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 01/01/96-12/31/96

STAINLESS STEEL WIRE RODS FROM BRAZIL PERIOD A-351-819
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 01/01/96-12/31/96

BRASS SHEET AND STRIP FROM CANADA PERIOD A-122-601
01/01/96-12/31/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: WOLVERINE TUBE
(CANADA), INC

COLOR PICTURE TUBES FROM CANADA PERIOD A-122-605
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 01/01/96-12/31/96

ANHYDROUS SODIUM METASILICATE FROM FRANCE PERIOD A-427-098
01/01/96-12/31/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: RHONE-POULENC, S.A.

STAINLESS STEEL WIRE RODS FROM FRANCE PERIOD A-427-811
01/01/96-12/31/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: IMPHY, S.A.
UGINE-SAVOIE

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BY THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE,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 23, 2009. THE ORIGINAL
MESSAGE WAS SENT TO CMC DIRECTORS AND PORT DIRECTORS, NOT
DIRECTORS, FIELD OPERATIONS AND PORT DIRECTORS. DIRECTOR,
IMPORT SPECIALIST DIVISION 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.