MESSAGE NO: 9083111 DATE: 03 24 1999
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 412 - 811 - -
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PERIOD COVERED: 09 17 1992 TO 12 31 1994

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: LIQUIDATION INSTRUCTUIONS FOR CERTAIN HOT ROLLED LEAD &
BISMUTH CARBON STEEL PRODUCTS FROM UNITED KINGDON
(C-412-811) NOTICE OF COURT DECISION ON FINAL RESULTS

1. AS A RESULT OF THE U.S. COURT OF APPEALS FOR THE FEDERAL
CIRCUIT'S (CAFC) DECISION IN INLAND STEEL BAR V. UNITED STATES,
155 F.3D 1370; FED. CIR. 1998, THE PARTIES MOVED THE U.S. COURT
OF INTERNATIONAL TRADE (CIT) TO AFFIRM THE COMMERCE DEPARTMENT'S
FINAL AFFIRMATIVE COUNTERVAILING DUTY (CVD) DETERMINATION OF
CERTAIN HOT-ROLLED LEAD AND BISMUTH CARBON STEEL PRODUCTS FROM
THE UNITED KINGDOM (C-412-811) PUBLISHED AT 58 FR 6237; JAN. 27,
1993, AS REVISED BY THE DEPARTMENT'S REMAND DETERMINATION OF
OCTOBER 12, 1993. IN AN ORDER DATED DECEMBER 18, 1998, THE CIT
AFFIRMED THE FINAL DETERMINATION AND DISMISSED THE CASE.

2. ALSO, AS A RESULT OF THE CAFC'S INLAND DECISION, THE PARTIES
MOVED THE CIT TO AFFIRM THE COMMERCE DEPARTMENT'S FINAL RESULTS
OF CVD REVIEW IN CERTAIN HOT-ROLLED LEAD AND BISMUTH CARBON STEEL
PRODUCTS FROM THE UNITED KINGDOM (C-412-811) FOR THE PERIOD
SEPTEMBER 17, 1992 THROUGH DECEMBER 31, 1993, PUBLISHED AT 60 FR
54841; OCT.26, 1995. IN AN ORDER DATED DECEMBER 18, 1998, THE
CIT AFFIRMED THE FINAL RESULTS, LIFTED THE INJUNCTION OF JUNE 13,
1994 WHICH ENJOINED LIQUIDATION OF ENTRIES FOR THIS PERIOD OF
REVIEW, AND DISMISSED THE CASE.

3. FINALLY, AS A RESULT OF THE CAFC'S INLAND DECISION, THE
PARTIES MOVED THE CIT TO AFFIRM THE COMMERCE DEPARTMENT'S FINAL
RESULTS OF CVD REVIEW IN CERTAIN HOT-ROLLED LEAD AND BISMUTH
CARBON STEEL PRODUCTS FROM THE UNITED KINGDOM (C-412-811) FOR THE
PERIOD JANUARY 1, 1994 THROUGH DECEMBER 31, 1994, PUBLISHED AT 61
FR 58377; NOV. 14, 1996. IN AN ORDER DATED DECEMBER 18, 1998,
THE CIT AFFIRMED THE FINAL RESULTS, LIFTED THE INJUNCTION OF JUNE
13, 1994 WHICH ENJOINED LIQUIDATION OF ENTRIES FOR THIS PERIOD OF
REVIEW, AND DISMISSED THE CASE.

4. ACCORDINGLY, YOU ARE INSTRUCTED TO LIQUIDATE ALL OUTSTANDING
ENTRIES OF CERTAIN HOT-ROLLED LEAD AND BISMUTH CARBON STEEL
PRODUCTS FROM THE UNITED KINGDOM AT THE PERCENT LISTED BELOW FOR
MERCHANDISE EXPORTED DURING THE FOLLOWING PERIODS. IF PARAGRAPHS
5 AND 6 OF THIS MESSAGE APPLY, THEN LIQUIDATE ACCORDING TO
PARAGRAPHS 5 AND 6.

PRODUCER/ CUSTOMS ID PERIOD AD VALOREM
EXPORTER RATE

ASW LIMITED (C-412-811-002) 09/17/1992-01/26/1993 0.00
01/27/1993-12/31/1993 20.33
01/01/1994-12/31/1994 20.33

UES (C-412-811-003) 09/17/1992-12/31/1992 0.67
01/01/1993-01/14/1993 0.67
03/22/1993-12/31/1993 2.68
01/01/1994-12/31/1994 1.69

ALL OTHERS (C-412-811-000) 09/17/1992-12/31/1992 0.67
01/01/1993-01/14/1993 0.67
03/22/1993-12/31/1993 9.76
01/01/1994-12/31/1994 9.76

5. WHERE ANY SHIPMENTS OF THIS MERCHANDISE ARE ENTERED OR
WITHDRAWN FROM WAREHOUSE ON OR AFTER 01/15/1993 AND ON OR BEFORE
03/21/1993 DUTIES AND THE DATES OF EXPORTATION AND CONCOMITANT
RATES SET IN PARAGRAPH 4. SHOULD BE DISREGARDED.

6. SHIPMENTS OF THIS MERCHANDISE ENTERED OR WITHDRAWN FROM
WAREHOUSE ON OR AFTER 01/15/1993 AND ON OR BEFORE 03/21/1993
SHOULD BE LIQUIDATED WITHOUT REGARD TO COUNTERVAILING DUTIES.

7. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CUSTOMS
SERVICE 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 CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS
INTEREST ON UNDER PAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS
ESTIMATED COUNTERVAILING DUTIES. THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED COUNTERVAILING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY
ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF
ESTIMATED COUNTERVAILING 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.

8. PLEASE NOTE THAT THE ASSESSMENT OF COUNTERVAILING DUTIES ON
ENTRIES MADE ON OR AFTER THE DEPARTMENT OF COMMERCE'S PRELIMINARY
DETERMINATION AND BEFORE THE INTERNATIONAL TRADE COMMISSION'S
FINAL AFFIRMATIVE INJURY DETERMINATION CANNOT EXCEED THE AMOUNT
OF CASH DEPOSIT OR BOND IN EFFECT AT THE TIME OF ENTRY.

9. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
EXPORTED ON OR BEFORE 12/31/1994 IS LIFTED. SUSPENSION OF
LIQUIDATION FOR ALL ENTRIES OF THIS MERCHANDISE EXPORTED ON OR
AFTER 01/01/1995 WILL CONTINUE.

10. 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." THE IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT GAYLE LONGEST, AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, DEPARTMENT OF COMMERCE AT (202) 482-2786.

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

PAUL SCHWARTZ