- Period Covered: 04/01/1997 to 03/31/1998
MESSAGE NO: 8233112
DATE: 08 21 1998
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 028
A - 463 - 404
A - 779 - 602
A - 201 - 601
A - 403 - 801
A - 580 - 008
PERIOD COVERED:
04 01 1997
TO
03 31 1998
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: NON-REVIEW AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
APRIL 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WITHDRAWN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.
ROLLER CHAIN FROM JAPAN
PERIOD
A-588-028
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
4/01/97 - 3/31/98
DAIDO KOGYO CO., LTD.
ENUMA CHAIN MFG. CO., LTD.
KK CHAIN CORP./HITACHI METALS TECHNO, LTD.
IZUMI CHAIN MFG. CO., LTD.
KAGA KOGYO/KAGA INDUSTRIES/KCM
ORIENTAL CHAIN MANUFACTURING CO., LTD.
PULTON CHAIN CO., INC.
RK EXCEL
SUGIYAMA CHAIN CO., LTD.
TSUBAKIMOTO CHAIN CO., LTD.
FERROSILICON FROM KAZAKHSTAN
PERIOD
A-463-404
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
4/01/97 - 3/31/98
STANDARD CARNATIONS FROM KENYA
PERIOD
A-779-602
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
4/01/97 - 3/31/98
FRESH CUT FLOWERS FROM MEXICO
PERIOD
A-201-601
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
4/01/97 - 3/31/98
FRESH AND CHILLED SALMON
FROM NORWAY
PERIOD
A-403-801
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
4/01/97 - 3/31/98
NORNIR GROUP A/S
COLOR TELEVISON
RECEIVERS FROM
REPUBLIC OF KOREA
PERIOD
A-580-008
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
4/01/97 - 3/31/98
DAEWOO ELECTRONICS CO., LTD.
LG ELECTRONICS INC.
SAMSUNG ELECTRONICS CO., LTD.
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WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING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 PRIOR
TO
THE
DATE OF THE ANTIDUMPING DUTY ORDER.
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