MESSAGE NO: 9240202 DATE: 08 28 2009
CATEGORY: ADA TYPE: LIQ
REFERENCE: 2235212 REFERENCE DATE: 08 23 2002
CASES: A - 351 - 820 - -
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PERIOD COVERED: 03 01 1995 TO 02 29 1996

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR FERROSILICON FROM BRAZIL
PROD OR EXPT BY COMPANHIA BRASILEIRA CARBURETODE
CAL. AND COMPANHIA FERROLIGAS MINAS GER. (A-351-820)

1. ON 08/13/2009, THE U.S. COURT OF INTERNATIONAL TRADE (CIT)
ISSUED A FINAL DECISION IN THE CASE OF AIMCOR AND SKW METALS &
ALLOYS, INC. V. UNITED STATES, CONSOLIDATED COURT NO.
97-09-01534. AS A RESULT OF THIS DECISION, THE INJUNCTION TO
WHICH MESSAGES 2232203 AND 2235212 REFER ENJOINING LIQUIDATION
OF ENTRIES WHICH ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON
FERROSILICON FROM BRAZIL FOR PERIOD 03/01/1995 THROUGH
02/29/1996 PRODUCED OR EXPORTED BY COMPANHIA BRASILEIRA
CARBURETO DE CALCIO (CBCC) (A-351-820-001) AND COMPANHIA
FERROLIGAS MINAS GERAIS-MINASLIGAS (MINASLIGAS) (A-351-820-004)
DISSOLVED ON 08/13/2009.

2. FOR ALL SHIPMENTS OF FERROSILICON FROM BRAZIL PRODUCED OR
EXPORTED BY COMPANHIA BRASILEIRA CARBURETO DE CALCIO (CBCC) AND
COMPANHIA FERROLIGAS MINAS GERAIS-MINASLIGAS (MINASLIGAS) AND
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING
THE PERIOD 03/01/1995 THROUGH 02/29/1996, LIQUIDATE WITHOUT
REGARD TO ANTIDUMPING DUTY.

3. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE
DURING THE PERIOD 03/01/1995 THROUGH 02/29/1996.

4. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED
BY THIS INSTRUCTION.

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.

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 COMMERCES 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, OREXPORTER, TO BE REIMBURSED
ANTIDUMPING DUTIES, CBP SHOULDDOUBLE THE ANTIDUMPING DUTIES IN
ACCORDANCE WITH THEABOVE-REFERENCED REGULATION. ADDITIONALLY, IF
THE IMPORTERDOES NOT PROVIDE THE REIMBURSEMENT STATEMENT PRIOR
TOLIQUIDATION, 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 04:TEM).

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


CHRISTINE FURGASON