- Period Covered: 01/01/1998 to 12/31/1998
MESSAGE NO: 9225114
DATE: 08 13 1999
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 609
A - 559 - 601
A - 791 - 502
A - 580 - 603
A - 580 - 605
A - 580 - 601
PERIOD COVERED:
01 01 1998
TO
12 31 1998
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: NON REVIEW AUTOMATIC LIQUIDATION INSTRUCTIONS
FOR JANUARY 1998
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WITHDRAWN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.
COLOR PICTURE TUBES FROM JAPAN
PERIOD
A-588-609
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
01/01/1998-12/31/1998
COLOR PICTURE TUBES FROM SINGAPORE
PERIOD
A-559-601
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
01/01/1998-12/31/1998
BRAZING COPPER WIRE AND ROD FROM
SOUTH AFRICA
PERIOD
A-791-502
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
01/01/1998-12/31/1998
BRASS SHEET AND STRIP FROM SOUTH KOREA
PERIOD
A-580-603
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
01/01/1998-12/31/1998
COLOR PICTURE TUBES FROM SOUTH KOREA
PERIOD
A-580-605
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
01/01/1998-12/31/1998
STAINLESS STEEL COOKING WARE FROM
SOUTH KOREA
PERIOD
A-580-601
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
01/01/1998-12/31/1998
3.
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 OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES.
4.
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 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 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.
5.
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.
6.
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
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 ADMINISTRTION, INTERNATIONAL
TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATON.
PAUL SCHWARTZ