- Period Covered: 07/01/1997 to 06/30/1998
MESSAGE NO: 9083119
DATE: 03 24 1999
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 814
A - 570 - 802
A - 489 - 805
A - 464 - 301
A - 412 - 803
A - 462 - 301
PERIOD COVERED:
07 01 1997
TO
06 30 1998
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: NON REVIEW AUTOMATIC 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WITHDRAWN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.
CARBON STEEL BUTT-WELD PIPE FITTINGS
FROM THE PEOPLE'S REPUBLIC OF CHINA
PERIOD
A-570-814
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
07/01/1997-06/30/1998
INDUSTRIAL NITROCELLULOSE FROM THE
PEOPLE'S REPUBLIC OF CHINA
PERIOD
A-570-802
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
07/01/1997-06/30/1998
CERTAIN PASTA FROM TURKEY
PERIOD
A-489-805
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
07/01/1997-06/30/1998
MAKTAS MAKARNACILIK VE TIC. A.S.
PASTAVILLA KARTAL MAKARNACILIK SANAYI VE TICARET A.S.
SOLID UREA FROM TURKMENISTAN
PERIOD
A-464-301
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
07/01/1997-06/30/1998
INDUSTRIAL NITROCELLULOSE FROM
THE UNITED KINGDOM
PERIOD
A-412-803
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
07/01/1997-06/30/1998
IMPERIAL CHEMICAL INDUSTRIES PLC
SOLID UREA FROM UKRAINE
PERIOD
A-462-301
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WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING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 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
PAYMENTS 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 OTHER 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