- Period Covered: 04/01/1998 to 03/31/1999
MESSAGE NO: 9225112
DATE: 08 13 1999
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 028
A - 779 - 602
A - 201 - 601
A - 580 - 008
A - 403 - 801
-
-
PERIOD COVERED:
04 01 1998
TO
03 31 1999
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: NON-REVIEW AUTOMATIC LIQUIDATION INSTRUCTIONS
FOR APRIL 98/99
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WITHDRAWN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.
ROLLER CHAIN FROM JAPAN
PERIOD
A-588-028
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
04/01/1998-03/31/1999
DAIDO KOGYO CO., LTD.
ENUMA CHAIN MFG. CO., LTD.
HKK CHAIN CORP./HITACHI METALS TECHNO, LTD.
IZUMI CHAIN MFG. CO., LTD.
KAGA KOGYO/KAGA INDUSTRIES/KCM
ORIENTAL CHAIN MANUFACTURING CO., LTD.
PULTON CHAIN CO., INC.
RK EXCEL
SUGIYAMA CHAIN CO., LTD.
ALLOY TOOL STEEL INC. (ATSI)
DAIDO TSUSHO CO., LTD./DAIDO CORPORATION
HKK CHAIN CORP./HITACHI METALS TECHNO/HITACHI MAXCO LTD.
NISSHO IWAI CORPORATION
TSUBAKIMOTO CHAIN CO., LTD.
STANDARD CARNATIONS FROM KENYA
PERIOD
A-779-602
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
04/01/1998-03/31/1999
FRESH CUT FLOWERS FROM MEXICO
PERIOD
A-201-601
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
04/01/1998-03/31/1999
FRESH AND CHILLED SALMON
FROM NORWAY
PERIOD
A-403-801
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
04/01/1998-03/31/1999
COLOR TELEVISON
RECEIVERS FROM
REPUBLIC OF KOREA
PERIOD
A-580-008
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
04/01/1998-03/31/1999
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WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING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 CONSTITUTE
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 PRIOR TO THE DATE OF THE ANTIDUMPING DUTY ORDER.
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