- Period Covered: 05/01/1997 to 04/30/1998
MESSAGE NO: 8229111
DATE: 08 17 1998
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 357 - 802
A - 351 - 505
A - 351 - 503
A - 351 - 605
A - 533 - 502
A - 588 - 066
PERIOD COVERED:
05 01 1997
TO
04 30 1998
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: NON-REVIEW/AUTOMATIC LIQ. INSTRUCTIONS FOR 05-01-97
THROUGH 04-30-98
PASS
TO
IMPORT SPECIALISTS, CUSTOMS BROKERS, AND
OTHER
INTERESTED PARTIES
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WITHDRAWN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.
RECTANGULAR CARBON STEEL TUBING
FROM ARGENTINA
PERIOD
A-357-802
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
05/01/97 - 04/30/98
CAST-IRON PIPE FITTINGS FROM BRAZIL
PERIOD
A-351-505
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
05/01/97 - 04/30/98
IRON CONSTRUCTION CASTINGS FROM BRAZIL
PERIOD
A-351-503
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
05/01/97 - 04/30/98
FROZEN ORANGE JUICE FROM BRAZIL
PERIOD
A-351-605
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
05/01/97 - 04/30/98
BRANCO PERES CITRUS, S.A.
CYM CITRUS S.A.
CAMBUHY CITRUS COMERCIAL E EXPORTADORA LTDA.
CITROVITA AGROINDUSTRIAL S.A.
FRUTAX INDUSTRIA E COMERCIO LTDA.
SUCORRICO S.A.
WELDED CARBON STEEL STANDARD PIPES
AND TUBES FROM INDIA
PERIOD
A-533-502
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
05/01/97 - 04/30/98
RAJINDER PIPES LTD.
IMPRESSION FABRIC FROM JAPAN
PERIOD
A-588-066
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
05/01/97 - 04/30/98
3.
ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF
THE ADMINISTRATIVE
REVIEW.
CONTINUE
TO
SUSPEND
LIQUIDATION
OF
ALL ENTRIES OF MERCHANDISE
EXPORTED OR PRODUCED BY
THE LISTED FIRMS AND ENTERED,
OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING
THIS
PERIOD.
4.
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.
5.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY
THE CUSTOMS SERVICE
ON SHIPMENTS OR 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 351.402(f) 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 LIQUIDATIONS,
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 LIAISONS,
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