- Period Covered: 05/01/1995 to 04/30/1996
MESSAGE NO: 8223113
DATE: 08 11 1998
CATEGORY: ADA
TYPE: COR
REFERENCE: 8219115
REFERENCE DATE: 08 07 1998
CASES:
A - 588 - 212
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PERIOD COVERED:
05 01 1995
TO
04 30 1996
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: CORRECTION TO LIQ. INSTURCTIONS FOR DRAMS FROM KOREA
PRODUCED BY HYUNDAI (A-588-212-002) OR LGS (A-588-212-001)
AND EXPORTED FROM JAPAN
1.
FOR ALL SHIPMENTS OF
DYNAMIC RANDOM ACCESS MEMORY
SEMICONDUCTORS (DRAMS) FROM THE REPUBLIC OF KOREA
PRODUCED BY HYUNDAI ELECTRONICS INDUSTRIES, CO., LTD.
(HYUNDAI) OR LG SEMICON, CO. LTD. (LGS) (FORMERLY KNOWN
GOLDSTAR),
ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIOD 05/01/95 THROUGH 4/30/96.
YOU MAY APPRAISE THESE SHIPMENTS AND LIQUIDATE APPLICABLE
ENTRIES BY STAMPING EACH INVOICE WITH THE WORDING "NO
DUMPING DUTIES DUE".
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
AND LGS 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
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