MESSAGE NO: 8106112 DATE: 04 16 1998
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 533 - 212 A - 588 - 212
A - 508 - 212 A - 557 - 212
A - 475 - 212 A - 201 - 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
IN-IL-IT-JP-MY-MX 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(HYUNDAI), ENTERED OR WITHDRAWN FROM WAREHOUSE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WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD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 OFDRAMS 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 DUTIESBEFORE
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 FAILSTO 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, OTHER GOVERNMENT AGENCY
LIAISON, 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