- Period Covered: 03/01/1998 to 02/28/1999
MESSAGE NO: 9246111
DATE: 09 03 1999
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 015
A - 201 - 806
A - 580 - 811
A - 470 - 805
A - 401 - 601
A - 583 - 803
PERIOD COVERED:
03 01 1998
TO
02 28 1999
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: NON REVIEW AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
MARCH 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WITHDRAWN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.
TELEVISION RECEIVERS, MONOCHROME
AND COLOR FROM JAPAN
PERIOD
A-588-015
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
03/01/1998-02/28/1999
STEEL WIRE ROPE FROM MEXICO
PERIOD
A-201-806
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
03/01/1998-02/28/1999
ACEROS CAMESA S.A. de C.V.
STEEL WIRE ROPE FROM KOREA
PERIOD
A-580-811
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
03/01/1998-02/28/1999
BOO KOOK CORPORATION
DAE HEUNG INDUSTRIAL CO.
DAE KYUNG METAL
DONG-IL STEEL MFG. CO., LTD.
DONG YOUNG
HANBOO WIRE ROPE, INC.
JINYANG WIRE ROPE, INC.
KOREA SANGSA CO.
KUMHO WIRE ROPE MFG. CO., LTD.
KWANGSHIN ROPE
MYUNG JIN CO.
SEO HAE INDUSTRIAL
SUNGSAN SPECIAL STEEL PROCESSING
YEONSIN METAL
STAINLESS STEEL BAR FROM SPAIN
PERIOD
A-470-805
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
03/01/1998-02/28/1999
BRASS SHEET AND STRIP FROM SWEDEN
PERIOD
A-401-601
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
03/01/1998-02/28/1999
RECTANGULAR CARBON STEEL TUBING
FROM TAIWAN
PERIOD
A-583-803
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
03/01/1998-02/28/1999
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WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING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.
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 OF THE COMMERCE 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
EXPORTER TO BE REIMBURSED ANTIDUMPING DUTIES, CUSTOMS
SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER
DOES NOT 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 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 ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATON.
PAUL SCHWARTZ