- Period Covered: 05/01/1994 to 04/30/1995
MESSAGE NO: 8098117
DATE: 04 08 1998
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 421 - 212
A - 559 - 212
A - 565 - 212
A - 470 - 212
A - 471 - 212
A - 401 - 212
PERIOD COVERED:
05 01 1994
TO
04 30 1995
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: LIQ-INST FOR DRAMS FROM KR, PROD BY HYUNDAI ELECTRONICS
INDUSTRIES CO. LTD. (HYUNDAI) AND EXPORTED FROM THE COS
NL-PH-PT-SG-ES-SE 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OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD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 ORWITHDRAWN 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 SECTION778 OF THE TARIFF
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 DUTIESIS
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 ANTIDUMPING DUTIES, 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