MESSAGE NO: 9104201 DATE: 04 14 2009
CATEGORY: ADA TYPE: LIQ
REFERENCE: 6097201 REFERENCE DATE: 04 07 2006
CASES: A - 580 - 215 - -
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PERIOD COVERED: 08 01 2003 TO 07 31 2004

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR OIL COUNTRY TUBULAR GOODS,
OTHER THAN DRILL PIPE, FROM KOREA PROD & EXP BY HUSTEEL
CO. LTD. (A-580-215); CT. NO. 06-00075

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

1. ON 12/22/2008, THE U.S. COURT OF INTERNATIONAL TRADE (CIT)
ISSUED A FINAL DECISION IN THE CASE OF HUSTEEL COMPANY, LTD.,
AND SEAH CORP., LTD., V. UNITED STATES, CT. NO. 06-00075. AS A
RESULT OF THIS DECISION, THE INJUNCTION REFERENCED IN MESSAGE
NUMBER 6097201, DATED 04/07/2006, ENJOINING LIQUIDATION OF
ENTRIES WHICH ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON OIL
COUNTRY TUBULAR GOODS, OTHER THAN DRILL PIPE, FROM THE REPUBLIC
OF KOREA FOR THE PERIOD 08/01/2003 THROUGH 07/31/2004 PRODUCED
AND EXPORTED BY HUSTEEL COMPANY, LTD., DISSOLVED ON 03/23/2009.

2. FOR ALL SHIPMENTS OF OIL COUNTRY TUBULAR GOODS, OTHER THAN
DRILL PIPE, FROM THE REPUBLIC OF KOREA PRODUCED AND EXPORTED BY
HUSTEEL COMPANY, LTD., AND IMPORTED BY OR SOLD TO HUSTEEL USA
(AS INDICATED ON THE COMMERCIAL INVOICE OR CUSTOMS
DOCUMENTATION), AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION DURING THE PERIOD 08/01/2003 THROUGH 07/31/2004,
ASSESS AN ANTIDUMPING LIABILITY OF ZERO PERCENT OF THE ENTERED
VALUE.

3. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT
REGULATION ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS OF
OIL COUNTRY TUBULAR GOODS, OTHER THAN DRILL PIPE, FROM THE
REPUBLIC OF KOREA PRODUCED BY HUSTEEL CO. LTD. ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD
08/01/2003 THROUGH 07/31/2004, ENTERED UNDER CASE NUMBER

A-580-215-004, AND NOT COVERED BY PARAGRAPH ONE, ASSESS
ANTIDUMPING DUTIES AT THE ALL-OTHERS RATE IN EFFECT ON THE DATE
OF ENTRY. THE ALL-OTHERS RATE FOR OIL COUNTRY TUBULAR GOODS,
OTHER THAN DRILL PIPE, FROM THE REPUBLIC OF KOREA IS 12.17
PERCENT.

4. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF SUBJECT MERCHANDISE DURING THE PERIOD 08/01/2003 THROUGH
07/31/2004 OCCURRED WITH THE PUBLICATION OF THE AMENDED FINAL
RESULTS OF ADMINISTRATIVE REVIEW, PURSUANT TO FINAL COURT
DECISION, 74 FR 12112, 03/23/2009.

5. THE INJUNCTION APPLICABLE TO THE ENTRIES COVERED BY THIS
INSTRUCTION (SEE MESSAGE NUMBER 6097201, DATED 04/07/2006),
DISSOLVED EFFECTIVE 03/23/2009.

6. THE ANTIDUMPING DUTY ORDER ON OIL COUNTRY TUBULAR GOODS FROM
KOREA WAS REVOKED EFFECTIVE 07/25/2006. THE SUSPENSION OF
LIQUIDATION AND CASH DEPOSIT REQUIREMENT WERE TERMINATED
EFFECTIVE 07/25/2006. SEE MESSAGE NUMBER 7179203, DATED
06/28/07.

7. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CBP 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 CBP PAY INTEREST ON OVERPAYMENTS, OR 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 PAYMENT OF ESTIMATED ANTIDUMPING DUTIES
IS REQUIRED 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. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS
DESCRIBED IN SECTION 351.402(f)(2) OF COMMERCE'S DEPARTMENT
REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY.

IF THE IMPORTER CERTIFIES THAT IT HAS AN AGREEMENT WITH THE
MANUFACTURER, PRODUCER, SELLER, OR EXPORTER, TO BE REIMBURSED
ANTIDUMPING DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES

IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER DOES NOT PROVIDE THE REIMBURSEMEN
STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT
AND DOUBLE THE ANTIDUMPING DUTIES DUE.

9. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O6: MD).

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

CHRISTINE FURGASON