- Period Covered: 02/01/1997 to 01/31/1998
MESSAGE NO: 8217114
DATE: 08 05 1998
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 580 - 803
A - 580 - 813
A - 583 - 821
A - 570 - 830
A - 570 - 805
A - 412 - 805
PERIOD COVERED:
02 01 1997
TO
01 31 1998
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: NON REVIEW/AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
FEBRUARY 97/98
1.
THE DEPARTMENT
OF
COMMERCE DOES
NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE
REVIEWS
OF
ANTIDUMPING
DUTY
FINDINGS/ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN
ACCORDANCE WITH SECTION 351.213(b) OF THE COMMERCE
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 351.212(c) 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WITHDRAWN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.
SMALL BUSINESS TELEPHONE SYSTEMS
FROM KOREA
PERIOD
A-580-803
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
02/01/97 - 01/31/98
STAINLESS STEEL BUTT-WELD PIPE
FITTINGS FROM KOREA
PERIOD
A-580-813
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
02/01/97 - 01/31/98
STAINLESS STEEL FLANGES FROM TAIWAN
PERIOD
A-583-821
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
02/01/97 - 01/31/98
COUMARIN FROM THE PEOPLE'S REPUBLIC
OF CHINA
PERIOD
A-570-830
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
02/01/97 - 01/31/98
SODIUM THIOSULFATE FROM THE PEOPLE'S
REPUBLIC OF CHINA
PERIOD
A-570-805
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
02/01/97 - 01/31/98
SODIUM THIOSULFATE FROM THE
UNITED KINGDOM
PERIOD
A-412-805
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
02/01/97 - 01/31/98
3.
THESE INSTRUCTIONS CONSTITUTE THE
IMMEDIATE LIFTING
OF
SUSPENSION OF LIQUIDATION OF ENTRIES
FOR THE MERCHANDISE
AND PERIODS LISTED ABOVE.
YOU SHALL CONTINUE TO COLLECT
CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT
ENTRIES OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES.
4.
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
AND
ASSESS INTEREST
ON UNDERPAYMENTS
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 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
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.
7.
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
ATTRIBUTE "HQ OAB."
THE IMPORTING
PUBLIC AND INTERESTED PARTIES SHOULD CONTACT THE ANALYST IN
CHARGE OF
THE CASE ON (202) 482-4737,
AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION,
INTERNATIONAL
TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATON.
PAUL SCHWARTZ