MESSAGE NO: 8260201 DATE: 09 16 2008
CATEGORY: ADA TYPE: LIQ
REFERENCE: 8254209 REFERENCE DATE: 09 10 2008
CASES: A - 201 - 822 - -
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PERIOD COVERED: 07 01 2007 TO 06 30 2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: CORRECTION TO MESSAGE 8254209, LIQUIDATION INSTRUCTIONS
FOR STEEL SHEET & STRIP IN COILS FROM MEXICO (EXCLUDES
THYSSENKRUPP MEXINOX FROM LIQUIDATION) (A-201-822)

1. ON AUGUST 26, 2008, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER 73 FR 50308 THE NOTICE OF INITIATION OF
ADMINISTRATIVE REVIEW FOR THE 07/2008 ANNIVERSARY MONTH. THIS
IS A CORRECTION OF MESSAGE 8254209, DATED 09/10/2008, INVOLVING
AUTOMATIC LIQUIDATION INSTRUCTIONS FOR STAINLESS STEEL SHEET
AND STRIP IN COILS FROM MEXICO (A-201-822) FOR THE PERIOD
07/01/2007 THROUGH 06/30/2008.

2. BECAUSE THERE ARE NUMEROUS ERRORS AND OMISSIONS IN MESSAGE
8254209, INCLUDING THE INADVERTENT OMISSION OF REFERENCE TO AN
EXCLUDED FIRM, WE ARE TRANSMITTING THE ENTIRE CORRECTED VERSION
OF THE MESSAGE, PARAGRAPHS 1 THROUGH 9, UNDER PARAGRAPH 3 BELOW.

3. MESSAGE NUMBER 8254209 SHOULD READ AS FOLLOWS:

1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING FINDINGS/DUTY ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED PURSUANT TO SECTION
751(a)(1) AND IN ACCORDANCE WITH SECTION 351.213 OF THE
COMMERCE DEPARTMENT REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER FOR THE
PERIOD AND ON THE MERCHANDISE LISTED BELOW, EXCEPT FOR THE FIRM
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DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR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.

STAINLESS STEEL SHEET AND STRIP IN COILS FROM MEXICO
A-201-822
07/01/2007-06/30/2008

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

THYSSENKRUPP MEXINOX S.A. DE C.V.


3. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED
BY THIS INSTRUCTION.

4. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF THE ANTIDUMPING 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BY THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE,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.

5. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 07/01/2007
THROUGH 06/30/2008 OCCURRED WITH THE PUBLICATION OF THE NOTICE
OF INITIATION OF ADMINISTRATIVE REVIEW FOR THE 07/2008
ANNIVERSARY MONTH (73 FR 50308, 08/26/2008). FOR ALL OTHER
SHIPMENTS OF STAINLESS STEEL SHEET AND STIP IN COILS FROM
MEXICO YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES OF THE SUBJECT
MERCHANDISE AT THE CURRENT RATES.

6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION 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 CBP PAY INTEREST ON
OVERPAYMENTS OR 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.

7. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS
DESCRIBED IN SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT
REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER
CERTIFIES THAT IT HAS AN AGREEMENT WITH THE MANUFACTURER,
PRODUCER, SELLER, OR EXPORTER TO BE REIMBURSED ANTIDUMPING

DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN
ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY,
IF THE IMPORTER DOES NOT PROVIDE THE REIMBURSEMENT STATEMENT
PRIOR TO LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND
DOUBLE THE ANTIDUMPING DUTIES DUE.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O7:BB).

9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

DAVID M. GENOVESE