MESSAGE NO: 8266114 DATE: 09 23 1998
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 122 - 804 C - 122 - 805
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PERIOD COVERED: 06 19 1998 TO

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: ANTIDUMPING/COUNTERVAILING SCOPE RULING ON NEW STEEL RAIL
EXCEPT LIGHT RAIL, FROM CANADA (A-122-804 C-122-805)


1. ON JUNE 19, 1998, IN RESPONSE TO A REQUEST BY GERDAU MRM
STEEL, INC., (GERDAU), A CANADIAN STEEL RAIL MANUFACTURER,
THE DEPARTMENT OF COMMERCE ISSUED A FINAL SCOPE RULING THAT
RAIL MADE TO NOMINAL 60 ASCE/ASTM A1-92 SPECIFICATIONS IS
NOT WITHIN THE SCOPE OF THE ANTIDUMPING/COUNTERVAILING
DUTY ORDERS COVERING NEW STEEL RAIL, EXCEPT LIGHT RAIL,
FROM CANADA, CASE NUMBERS: A-122-804/C-122-805

2. THE COMMERCE DEPARTMENT DETERMINED THAT BASED UPON THE
EVIDENCE IN THE RECORD, NOMINAL 60 ASCE/ASTM A1-92 RAIL,
MANUFACTURED BY GERDAU, IS OUTSIDE THE CLASS OR KIND OF
MERCHANDISE COVERED BY THE SCOPE OF THE AD/CVD ORDERS ON
CANADIAN RAIL. THEREFORE, NOMINAL 60 ASCE/ASTM A1-92 RAIL IS
NOT WITHIN THE SCOPE OF THE ANTIDUMPING/COUNTERVAILING DUTY
ORDERS COVERING NEW STEEL RAIL, EXCEPT LIGHT RAIL, FROM CANADA,
CASE NUMBERS: A-122-804/C-122-805.

3. EFFECTIVE JUNE 19, 1998, TERMINATE SUSPENSION AND LIQUIDATE ALL
ENTRIES, REGARDLESS OF ENTRY DATE, OF NOMINAL 60 ASCE/ASTM A1-92
RAIL, MANUFACTURED BY GERDAU.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE NOMINAL 60 ASCE/ASTM A1-92 RAIL, MANUFACTURED BY
GERDAU.

5. THE ASSESSMENT OF ANTIDUMPING/COUNTERVAILING DUTIES BY THE
CUSTOMS SERVICE ON 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, OR
ASSESS INTEREST ON UNDER PAYMENTS, OF THE REQUIRED AMOUNTS
DEPOSITED AS ESTIMATED ANTIDUMPING/COUNTERVAILING DUTIES. THE
INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED
AS ESTIMATED ANTIDUMPING/COUNTERVAILING DUTIES BEFORE THE DATE OF
PUBLICATION OF THE ANTIDUMPING/COUNTERVAILING DUTY ORDERS.
INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATED
ANTIDUMPING/COUNTERVAILING DUTIES IS REQUIRED 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. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF NEW STEEL
RAIL SUBJECT TO THE ANTIDUMPING/COUNTERVAILING DUTY ORDERS
COVERING NEW STEEL RAIL, EXCEPT LIGHT RAIL, FROM CANADA, CASE
NUMBERS: A-122-804/C-122-805.

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
THE ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND INTERESTED
PARTIES SHOULD CONTACT ZEV PRIMOR AT 202-482-4114,
AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

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


PAUL SCHWARTZ