MESSAGE NO: 9083117 DATE: 03 24 1999
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 101 A - 580 - 805
A - 464 - 201 A - 549 - 807
A - 549 - 813 A - 549 - 812

PERIOD COVERED: 07 01 1997 TO 06 30 1998

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: NON REVIEW ATUOMATIC LIQUIDATION INSTRUCTIONS
FOR JULY 97/98


1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY
CONDUCT ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY
FINDINGS/ORDERS. INSTEAD, REVIEWS MUST BE REQUESTED IN
ACCORDANCE WITH SECTION 351.213(b) OF THE COMMERCE
REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR
AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY
FINDING/ORDER FOR THE PERIODS AND ON THE MERCHANDISE
LISTED BELOW, EXCEPT FOR THE FIRMS NOTED. 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DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM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 SUMMARY.

SOLID UREA FROM RUSSIA PERIOD
A-462-101
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
07/01/1997-06/30/1998

INDUSTRIAL NITROCELLULOSE FROM SOUTH KOREA PERIOD
A-580-805
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
07/01/1997-06/30/1998

SOLID UREA FROM TAJIKISTAN PERIOD
A-464-201
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
07/01/1997-06/30/1998

CARBON STEEL BUTT-WELD PIPE
FITTINGS FROM THAILAND PERIOD
A-549-807
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
07/01/1997-06/30/1998

THAI BENKAN CO., LTD.
CANNED PINEAPPLE FROM THAILAND PERIOD
A-549-813
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
07/01/1997-06/30/1998

DOLE THAILAND
KUIBURI FRUIT CANNING COMPANY LIMITED
MALEE SAMPRAN PUBLIC COMPANY, LTD.
SIAM FOOD PRODUCTS COMPANY, LTD.
SIAM FRUIT CANNING (1988) CO., LTD.
THE THAI PINEAPPLE PUBLIC CO., LTD.
VITA FOOD FACTORY (1989) CO., LTD.
THAI PINEAPPLE CANNING INDUSTRY CORP., LTD.#

#FOR THAI PINEAPPLE CANNING INDUSTRY CORP. LIQUIDATE ALL
ENTRIES FOR THE PERIOD 07/01/1997 - 02/12/1998. DO NOT
LIQUIDATE ENTRIES DURING THE PERIOD 02/13/1998 -
06/30/1998, DUE TO COURT ORDERED INJUNCTION.

FURFURYL ALCOHOL FROM THAILAND PERIOD
A-549-812
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 07/01/1997-06/30/1998


3. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF THE ADMINISTRATIVE REVIEW. CONTINUE TO
SUSPEND LIQUIDATION OF ALL ENTRIES OF MERCHANDISE
EXPORTED OR PRODUCED BY THE LISTED FIRMS AND ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THIS
PERIOD.

4. THESE INSTRUCTIONS CONSTITUTES THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIODS LISTED ABOVE. 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 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 AND 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, CUSTOMS SHOULD
REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
DESCRIBED IN SECTION 351.402(f) 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 LIQUIDATIONS,
CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE
ANTIDUMPING DUTIES DUE.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY
CUSTOMS OFFICERS PLEASE CONTACT VIA E-MAIL, THROUGH
THE APPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT
AGENCY LIAISONS, USING ATTRIBUTE "HQ OAB." THE IMPORTING
PUBLIC AND INTERESTED PARTIES SHOULD CONTACT THE ANALYST IN
CHARGE OF THE CASE ON (202) 482-4737, AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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


PAUL SCHWARTZ