- Period Covered: 03/01/1997 to 02/28/1998
MESSAGE NO: 8257111
DATE: 09 14 1998
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 549 - 502
A - 570 - 002
A - 570 - 819
A - 412 - 810
-
-
-
-
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
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WITHDRAWN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.
CIRCULAR WELDED CARBON STEEL PIPES
AND TUBES FROM THAILAND
PERIOD
A-549-502
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
03/01/97 - 02/28/98
SAHA THAI STEEL PIPE COMPANY
S.A.F. PIPE EXPORT CO., LTD.
CHLOROPICRIN FROM THE PEOPLE'S
REPUBLIC OF CHINA
PERIOD
A-570-002
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
03/01/97 - 02/28/98
FERROSILICON FROM THE PEOPLE'S
REPUBLIC OF CHINA
PERIOD
A-570-819
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
03/01/97 - 02/28/98
LEAD AND BISMUTH STEEL FROM THE
UNITED KINGDOM
PERIOD
A-412-810
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
03/01/97 - 02/28/98
BRITISH STEEL ENGINEERING STEELS, LTD.
BRITISH STEEL ENGINEERING STEELS HOLDINGS, LTD.
BRITISH STEEL PLC
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THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM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 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