- Period Covered: 05/01/1994 to 04/30/1995
MESSAGE NO: 8098119
DATE: 04 08 1998
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 441 - 212
A - 549 - 212
A - 412 - 212
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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
CH-TH-GB 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
BYHYUNDAI 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ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING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 ENTEREDVALUE.
FOR THOSE ENTRIES OF SUBJECT MERCHANDISE WHICH
REQUIRED A CASH DEPOSIT BASED UPON PER-MEGABIT RATES,
PRODUCED BYHYUNDAI 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(HYUNDAI), ENTERED OR WITHDRAWN FROM WAREHOUSE FOR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 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 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 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 CUSTOMSOFFICERS, 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