MESSAGE NO: 9089113 DATE: 03 30 1999
CATEGORY: ADA TYPE: TER
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 103 - -
- - - -
- - - -

PERIOD COVERED: 08 01 1997 TO 07 31 1998

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: NOTIFICATION OF TERMINATION OF ADMINISTRATIVE REVIEW
OF ANTIDUMPING DUTY ORDER/FINDING OF TITANIUM SPONGE
FROM THE RUSSIAN FEDERATION (A-462-103)

1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY
FINDING/ORDER ON TITANIUM SPONGE FROM THE RUSSIAN FEDERATION
A-462-103, COVERING THE PERIOD 08/01/1997 THROUGH 07/31/1998 HAS
BEEN TERMINATED AT THE REQUEST OF TMC TRADING INTERNATIONAL, LTD.
THIS NOTICE OF TERMINATION WAS PUBLISHED IN THE FEDERAL REGISTER
ON 12/09/1998. YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
DURING THE PERIOD LISTED BELOW FOR THE CASH DEPOSIT OR BONDING
RATE REQUIRED AT THE TIME OF ENTRY.

TITANIUM SPONGE FROM THE RUSSIAN FEDERATION
(A-462-103) PERIOD: (08/01/1997 - 07/31/1998)

LIQUIDATE ALL ENTRIES FROM ALL FIRMS

2. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. ON 08/31/1998, THE DEPARTMENT OF COMMERCE
PUBLISHED IN THE FEDERAL REGISTER (63 FR 46215) ITS NOTICE OF
REVOCATION OF THE ANTIDUMPING FINDINGS ON TITANIUM SPONGE FROM
THE RUSSIAN FEDERATION, REPUBLIC OF KAZAKHSTAN, AND THE REPUBLIC
OF UKRAINE AND THE ANTIDUMPING DUTY ORDER ON TITANIUM SPONGE FROM
JAPAN. THE EFFECTIVE DATE OF THESE REVOCATIONS IS 08/13/1998.

THEREFORE, ALL ENTRIES OF TITANIUM SPONGE FROM RUSSIA ON OR AFTER
08/13/1998 SHOULD BE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION WITHOUT REGARD TO ANTIDUMPING DUTIES.

3. 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 PAYS INTEREST ON OVERPAYMENTS. OR ASSESSES INTEREST ON
UNDER PAYMENTS, 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.

4. 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.

5. 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." IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT MARK MANNING AT 202-482-3936, AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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

PAUL SCHWARTZ