MESSAGE NO: 8324117 DATE: 11 20 1997
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 827 - -
- - - -
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PERIOD COVERED: 09 15 1997 TO

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: SCOPE RULING ON ANTIUDMPING DUTY ORDER ON CERTAIN
CASED PENCILS FROM THE PEOPLE'S REPUBLIC OF CHINA
(A-570-827)

1. ON SEPTEMBER 15, 1997 IN RESPONSE TO A REQUEST BY NADEL
TRADING CORPORATION (NADEL), THE DEPARTMENT OF COMMERCE
ISSUED A FINAL SCOPE RULING THAT "BENSIA PENCILS" ARE
OUTSIDE THE SCOPE OF THE ANTIDUMPING DUTY ORDER ON CERTAIN
CASED PENCILS FROM THE PEOPLE'S REPUBLIC OF CHINA
(A-570-827)
2. THE COMMERCE DEPARTMENT DETERMINED THAT "BENSIA PENCILS" ARE
OUTSIDE THE SCOPE OF THE ANTIDUMPING ORDER BECAUSE THEIR
LENGTH IS NOT REDUCED THROUGH SHARPENING, THE SHEATH IS NOT
BONDED (GLUED) TO THE WRITING CORE AND THEY ARE NOT RENDERED
USABLE BY MEANS OF PARING AWAY THE RIGID BONDED SHEATH TO
EXPOSE THE WRITING CORE. THEREFORE, "BENSIA PENCILS" ARE
NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING
CERTAIN CASED PENCILS FROM THE PEOPLE'S REPUBLIC OF CHINA.

3. EFFECTIVE IMMEDIATELY, TERMINATE SUSPENSION AND LIQUIDATE
ALL UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF THE "
BENSIA PENCILS."

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE "BENSIA PENCILS".

5. THE ASSESSMENT OF ANTIDUMPING 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 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. 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. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF CASED PENCILS
SUBJECT TO THE ANTIDUMPING DUTY ORDER ON CERTAIN CASED
PENCILS FROM THE PEOPLE'S REPUBLIC OF CHINA.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E MAIL THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, IMPORT OPERATIONS,
ANTIDUMPING/COUNTERVAILING DUTY, USING THE ATTRIBUTE "HQ OAB."
IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT
RON TRENTHAM AT 202-482-4793, AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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

PAUL SCHWARTZ