MESSAGE NO: 8345113 DATE: 12 11 1997
CATEGORY: ADA TYPE: OTH
REFERENCE: REFERENCE DATE:
CASES: A - 580 - 809 - -
- - - -
- - - -

PERIOD COVERED: 04 28 1992 TO 10 31 1993

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: NOTIFICATION OF PARTIAL TERMINATION OF ADMINISTRATIVE
REVIEW OF THE ANTIDUMPING DUTY ORDER ON CERTAIN CIRCULAR
WELDED NON-ALLOY STEEL PIPE FROM KOREA (A-580-809)

1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
CERTAIN CIRCULAR WELDED NON-ALLOY STEEL PIPE FROM KOREA
(A-580-809), COVERING THE PERIOD 04/28/92 THROUGH 10/31/93,
WAS TERMINATED IN PART BECAUSE THE SOLE REQUEST FOR REVIEW
OF THIS COMPANY WAS WITHDRAWN IN A TIMELY MANNER. THE
NOTICE OF PARTIAL TERMINATION OF ADMINISTRATIVE REVIEW WAS
PUBLISHED IN THE FEDERAL REGISTER ON 10/27/97 (62 FR 55574).

2. ACCORDINGLY, FOR ALL SHIPMENTS OF CERTAIN CIRCULAR WELDED
NON-ALLOY STEEL PIPE FROM KOREA MANUFACTURED/EXPORTED BY
HYUNDAI STEEL PIPE CO., LTD. (A-580-809-001), ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
04/28/92 THROUGH 09/16/92, ASSESS A DUMPING LIABILITY EQUAL
TO THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY
SUMMARY, EXCEPT IF PARAGRAPH 4 IS APPLICABLE.

3. FOR ALL SHIPMENTS OF CERTAIN CIRCULAR WELDED NON-ALLOY STEEL
PIPE FROM KOREA MANUFACTURED/EXPORTED BY HYUNDAI STEEL PIPE
CO., LTD., ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIOD 09/17/92 THROUGH 10/31/93,
ASSESS A DUMPING LIABILITY EQUAL TO 4.62 PERCENT OF THE
ENTERED CUSTOMS VALUE, EXCEPT IF PARAGRAPH 4 IS APPLICABLE.
THESE ENTRIES WERE PREVIOUSLY COVERED BY A PRELIMINARY
INJUNCTION (SEE E-MAIL #5180111), WHICH HAS BEEN LIFTED.
THE 4.62 PERCENT RATE IS IN ACCORDANCE WITH THE AMENDED
FINAL DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE
ANTIDUMPING DUTY INVESTIGATION OF CERTAIN CIRCULAR WELDED
NON-ALLOY STEEL PIPE FROM KOREA, WHICH WAS PUBLISHED IN THE
FEDERAL REGISTER ON 11/03/95 (60 FR 55833).

4. IF A BOND OR CASH DEPOSIT WAS COLLECTED AS SECURITY FOR AN
ESTIMATED ANTIDUMPING DUTY FOR ANY SHIPMENT OF MERCHANDISE
DESCRIBED IN PARAGRAPHS 2 OR 3 THAT WAS ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD
04/28/92 THROUGH 11/03/92, ASSESS A DUMPING LIABILITY EQUAL
TO THE PERCENTAGE INDICATED IN PARAGRAPHS 2 OR 3 OF THE
ENTERED CUSTOMS VALUE OR EQUAL TO THE AMOUNT OF THE BOND OR
CASH DEPOSIT, WHICHEVER IS LESS.

5. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE
MERCHANDISE AND PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR
THE MERCHANDISE AT THE CURRENT RATES.

6. 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 BEFORE THE DATE OF PUBLICATION
OF THE ANTIDUMPING DUTY ORDER, WHICH IS NOVEMBER 2, 1992.
INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF
ESTIMATED ANTIDUMPING 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 INTERNAL REVENUE
CODE OF 1954 FOR SUCH PERIOD.

7. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
AS DESCRIBED IN SECTION 353.26 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 LIQUIDATION,
CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE
ANTIDUMPING DUTIES DUE.


8. 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 MARK
ROSS AT 202-482-1757, OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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

PAUL SCHWARTZ