MESSAGE NO: 8273202 DATE: 09 29 2008
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 107 - -
- - - -
- - - -

PERIOD COVERED: 07 01 2007 TO 06 30 2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: AUTOMATIC LIQUIDATION INSTRUCTIONS FOR FERROVANADIUM
AND NITRIDED VANADIUM FROM RUSSIA (A-462-107)
LIQUIDATE ALL ENTRIES FOR ALL FIRMS

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 FINDING/ORDER FOR
THE PERIOD AND ON THE MERCHANDISE LISTED BELOW. 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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH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.

FERROVANADIUM AND NITRIDED VANADIUM FROM RUSSIA
A-462-107
07/01/2007-06/30/2008

LIQUIDATE ALL ENTRIES FOR ALL FIRMS.

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

4. 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
FERROVANADIUM AND NITRIDED VANADIUM FROM RUSSIA 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 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.

6. 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.

7. 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: O2:AB).

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

DAVID M. GENOVESE