- Period Covered: 12/01/2005 to 11/30/2006
MESSAGE NO: 9154202
DATE: 06 03 2009
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 583 - 605
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PERIOD COVERED:
12 01 2005
TO
11 30 2006
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: AUTOMATIC LIQUIDATION INSTRUCTIONS FOR CARBON STEEL
BUTT-WELD PIPE FITTINGS FROM TAIWAN (A-583-605)
LIQUIDATE ALL ENTRIES FOR ALL FIRMS. LIFT SUSP 2/2/2007
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
1.
COMMERCE DOES NOT AUTOMATICALLY CONDUCT ADMINISTRATIVE
REVIEWS OF ANTIDUMPING DUTY ORDERS.
INSTEAD, REVIEWS MUST BE
REQUESTED PURSUANT TO SECTION 751(a)(1) OF THE TARIFF ACT OF
1930, AS AMENDED, AND IN ACCORDANCE WITH SECTION 351.213 OF
COMMERCE'S REGULATIONS.
2.
COMMERCE HAS NOT RECEIVED A REQUEST FOR AN ADMINISTRATIVE
REVIEW OF THE ANTIDUMPING DUTY ORDER FOR THE PERIOD AND ON THE
MERCHANDISE LISTED BELOW.
THEREFORE, IN ACCORDANCE WITH
SECTION 351.212(c) OF COMMERCE'S 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ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM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.
PRODUCT:
CERTAIN CARBON STEEL BUTT-WELD PIPE FITTINGS
COUNTRY:
TAIWAN
CASE NUMBER:
A-583-605
PERIOD:
12/01/2005 THROUGH 11/30/2006
LIQUIDATE ALL ENTRIES FOR ALL FIRMS.
3.
THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES
COVERED BY THIS INSTRUCTION.
4.
NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 12/01/2005
THROUGH 11/30/2006 OCCURRED WITH THE PUBLICATION OF THE NOTICE
OF INITIATION OF ADMINISTRATIVE REVIEW FOR THE 12/2006
ANNIVERSARY MONTH (72 FR 5005, 02/02/2007).
FOR ALL OTHER
SHIPMENTS OF CERTAIN CARBON STEEL BUTT-WELD PIPE FITTINGS FROM
TAIWAN YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE
MERCHANDISE AT THE CURRENT RATES.
5.
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 WHICH WAS
12/17/1986.
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.
6.
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 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
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD
PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.
7.
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 O5:YJC).
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
CHRISTINE M. FURGASON