MESSAGE NO: 8077111 DATE: 03 18 1998
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 423 - 805 - -
- - - -
- - - -

PERIOD COVERED: 02 04 1993 TO 07 31 1997

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: NON REVIEW/AUTOMATIC LIQUIDATION INSTRUCTIONS
FOR FEBRUARY 04, 1993 TO JULY 31, 1997


1. THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY CONDUCTS
ADMINISTRATIVE REVIEWS OF ANTIDUMPING FINDINGS/DUTY ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH
SECTION 353.22 OR 351.212, AS APPROPRIATE, OF THE COMMERCE
DEPARTMENT 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
353.22(e) OR 351.212, AS APPROPRIATE, 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ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR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.

MERCHANDISE/CUSTOMS CASE NUMBER PERIOD

CUT-TO-LENGTH CARBON STEEL PLATE FROM BELGIUM
(A-423-805) 02/04/93-07/31/94
LIQUIDATE ALL ENTRIES FOR ALL FIRMS

CUT-TO-LENGTH CARBON STEEL PLATE FROM BELGIUM
(A-423-805) 08/01/94-07/31/95
LIQUIDATE ALL ENTRIES FOR ALL FIRMS

CUT-TO-LENGTH CARBON STEEL PLATE FROM BELGIUM
(A-423-805) 08/01/95-07/31/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

FABRIQUE DE FER DE CHARLEROI S.A. (FFC)

CUT-TO-LENGTH CARBON STEEL PLATE FROM BELGIUM
(A-423-805) 08/01/96-07/31/97
LIQUIDATE ALL ENTRIES FOR ALL FIRMS

3. ENTRY SUMMARIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT
BE LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER
THE COMPLETION OF THE ADMINISTRATIVE REVIEW. THE EXCEPTED
FIRMS CAN BE MANUFACTURERS/PRODUCERS, EXPORTERS, OR
MANUFACTURER/PRODUCER/EXPORTER COMBINATIONS. UNLESS NOTED
OTHERWISE ASSUME THE EXCEPTED FIRMS ARE
MANUFACTURERS/PRODUCERS.

FOR LISTED MANUFACTURERS/PRODUCERS, LIQUIDATION IS TO BE
SUSPENDED ON ALL SHIPMENTS OF MERCHANDISE PRODUCED BY THOSE
FIRMS REGARDLESS OF EXPORTER. CUSTOMS MUST ASCERTAIN
MANUFACTURERS/PRODUCERS OF ALL ENTRY SUMMARIES OF THIS
MERCHANDISE. IF THE LISTED FIRM IS SPECIFICALLY IDENTIFIED
AS AN EXPORTER, SUSPEND ALL ENTRY SUMMARIES THAT IN ANY WAY
INVOLVE THIS EXPORTER. IF THE EXCEPTED FIRM IS A
MANUFACTURER/PRODUCER/EXPORTER COMBINATION THE SUSPENSION
INSTRUCTIONS APPLY ONLY TO ENTRY SUMMARIES THAT INVOLVE THIS
COMBINATION OF FIRMS.

4. THESE INSTRUCTIONS CONSTITUTE 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 SHIPMENTS OR ENTRY SUMMARIES 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.
THE INTEREST PROVISIONS ARE NOT APPLICABLE TO BONDS POSTED
AS ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF
PUBLICATION OF THE ANTIDUMPING DUTY ORDER. INTEREST SHALL
BE CALCULATED FROM THE DATE OF PAYMENT OF ESTIMATED
ANTIDUMPING DUTIES 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
AS DESCRIBED IN SECTION 353.26OR 351.402, AS APPROPRIATE,
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 LIQUIDATION, 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 THE ATTRIBUTE "HQ OAB
." IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT
JOHN DRURY AT 202-482-3208, AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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

PAUL SCHWARTZ