MESSAGE NO: 8098116 DATE: 04 08 1998
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 212 A - 583 - 212
A - 427 - 212 A - 428 - 212
A - 582 - 212 A - 419 - 212

PERIOD COVERED: 05 01 1994 TO 04 30 1998

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQ-INST FOR DRAMS FROM KR, PROD BY HYUNDAI ELECTRONICS
INDUSTRIES CO. LTD. (HYUNDAI) AND EXPORTED FROM THE COS
CN-TW-FR-DE-HK-IE FOR PERIOD 5/1/94 THROUGH 4/30/95

1. FOR ALL SHIPMENTS OF DYNAMIC RANDOM ACCESS MEMORY
SEMICONDUCTORS (DRAMS) FROM THE REPUBLIC OF KOREA PRODUCED BY
HYUNDAI ELECTRONICS INDUSTRIES, CO., LTD. (HYUNDAI), ENTERED
OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
05/01/94 THROUGH 04/30/95, ASSESS AN ANTIDUMPING LIABILITY OF
0.09 PERCENT OF THE ENTERED VALUE.

FOR THOSE ENTRIES OF SUBJECT MERCHANDISE WHICH REQUIRED A CASH
DEPOSIT BASED UPON PER-MEGABIT RATES, PRODUCED BY HYUNDAI
ELECTRONICS INDUSTRIES, CO., LTD. (HYUNDAI), ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
05/01/94 THROUGH 04/30/95, ASSESS AN ANTIDUMPING LIABILITY OF
$0.0026 PER MEGABIT.

2. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE
MERCHANDISE AND PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO
SUSPEND ENTRIES OF DRAMS PRODUCED BY HYUNDAI AT A CASH DEPOSIT
RATE OF ZERO PERCENT.

3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THETARIFF ACT OF 1930. SECTION 778 REQUIRES THAT
CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON
UNDER PAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
ANTIDUMPING DUTIES. 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.

4. UPON ASSESSMENT OF ANTIDUMPINGDUTIES, CUSTOMS SHOULD
REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS
DESCRIBED IN SECTION 353.26 OF THE COMMERCE DEPARTMENT
REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. 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.

5. 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 ROBERT
BLANKENBAKER AT 202-482-0989, AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT
OF COMMERCE.

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


PAUL SCHWARTZ DIRECTOR


NOTE: THIS MESSAGE WAS INADVERTENTLY REMOVED FROM ADIL SO HAS
BEEN REPOSTED TO ADIL ON NOVEMBER 25, 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.