MESSAGE NO: 8352114
DATE: 12 18 1997
CATEGORY: ADA
TYPE: OTH
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 827
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PERIOD COVERED:
11 23 1997
TO
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: NOTICE OF COURT DECISION: CERTAIN CASED PENCILS FROM THE
PEOPLE'S REPUBLIC OF CHINA (A-570-827)
1.
ON NOVEMBER 13, 1997, THE U.S. COURT OF INTERNATIONAL TRADE
AFFIRMED THE DETERMINATION MADE BY THE DEPARTMENT OF
COMMERCE PURSUANT TO A VOLUNTARY REMAND RELATING TO ITS
FINAL DETERMINATION OF SALES AT LESS-THAN-FAIR VALUE ON
CERTAIN CASED PENCILS FROM THE PRC.
2.
ON DECEMBER 11, 1997, COMMERCE PUBLISHED IN THE FEDERAL
REGISTER ITS NOTICE OF THE COURT DECISION IN THIS CASE.
(62
FR 65243)
THE REVISED RATES CALCULATED AS A RESULT OF THIS
COURT DECISION, HOWEVER, WILL NOT GO INTO EFFECT AT THIS
TIME, PENDING A POSSIBLE APPEAL OF THE DECISION.
3.
AS A RESULT OF THE COURT DECISION, CHINA FIRST CO.
LTD./CHINA FIRST, AN EXPORTER/PRODUCER COMBINATION EXCLUDED
FROM THE ANTIDUMPING DUTY ORDER ON CERTAIN CASED PENCILS
FROM THE PRC (59 FR 66909, DECEMBER 28, 1994), IS NOW
TENTATIVELY (PENDING CONCLUSIVE DISPOSITION OF THE REMAND)
INCLUDED IN THE ORDER.
THEREFORE, EFFECTIVE NOVEMBER 23,
1997, LIQUIDATION SHALL BE SUSPENDED ON ENTRIES, OR
WITHDRAWALS FROM WAREHOUSE, FOR CONSUMPTION OF THE SUBJECT
MERCHANDISE FROM CHINA FIRST CO. LTD./CHINA FIRST.
A ZERO
DEPOSIT RATE WILL BE IN EFFECT FOR ENTRIES OF THE SUBJECT
MERCHANDISE FROM CHINA FIRST CO. LTD./CHINA FIRST, PENDING
CONCLUSIVE DISPOSITION OF THE REMAND.
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."
THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT VINCENT KANE AT 202-482-2815, OF AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
PAUL SCHWARTZ