- Period Covered: 03/01/1997 to 02/28/1998
MESSAGE NO: 8240112
DATE: 08 28 1998
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 533 - 806
A - 508 - 602
A - 475 - 401
A - 475 - 601
A - 588 - 829
A - 588 - 702
PERIOD COVERED:
03 01 1997
TO
02 28 1998
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: NON REVIEW AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
MARCH 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WITHDRAWN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.
SULFANILIC ACID FROM INDIA
PERIOD
A-533-806
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
03/01/97 - 02/28/98
OIL COUNTRY TUBULAR GOODS FROM ISRAEL
PERIOD
A-508-602
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
03/01/97 - 02/28/98
BRASS FIRE PROTECTION EQUIPMENT
FROM ITALY
PERIOD
A-475-401
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
3/01/97 - 02/28/98
BRASS SHEET AND STRIP FROM ITALY
PERIOD
A-475-601
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
03/01/97 - 02/28/98
DEFROST TIMERS FROM JAPAN
PERIOD
A-588-829
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
03/01/97 - 02/28/98
STAINLESS STEEL BUTT-WELD PIPE
FITTINGS FROM JAPAN
PERIOD
A-588-702
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
03/01/97 - 02/28/98
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.
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 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