MESSAGE NO: 9288214 DATE: 10 15 1999
CATEGORY: ADA TYPE: REV
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 304 - -
- - - -
- - - -

PERIOD COVERED: 04 07 1993 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: REVOCATION OF ANTIUDMPING DUTY ORDER ON FERROSILICON FROM
UKRAINE (A-462-304)


1. THE DEPARTMENT OF COMMERCE HAS RESCINDED THE ANTIDUMPING
DUTY ORDER ON FERROSILICON FROM UKRAINE AND PUBLISHED THE
RESCISSION IN THE FEDERAL REGISTER ON 09/21/1999 (64 FR AT PAGE
51097). THE DEPARTMENT'S RESCISSION IS BASED ON THE
INTERNATIONAL TRADE COMMISSION'S RECONSIDERATION ON 08/24/1999 OF
ITS ORIGINAL INJURY DETERMINATION IN THE ABOVE CASE. BECAUSE THE
INTERNATIONAL TRADE COMMISSION RECONSIDERED ITS ORIGINAL INJURY
DETERMINATION AND FOUND NO MATERIAL INJURY OR THREAT OF MATERIAL
INJURY, THE ORDER IN THIS CASE IS LEGALLY INVALID FROM THE DATE
OF ITS ISSUANCE, 04/07/1993.

2. THEREFORE, CUSTOMS IS DIRECTED TO TERMINATE THE SUSPENSION
OF LIQUIDATION FOR ANTIDUMPING PURPOSES ON ALL SHIPMENTS OF
FERROSILICON FROM UKRAINE REGARDLESS OF THE DATES THEY ENTERED.
MOREOVER, ALL UNLIQUIDATED ENTRIES OF THE SUBJECT PRODUCT SHOULD
BE LIQUIDATED WITHOUT REGARD TO ANTIDUMPING DUTIES (I.E., RELEASE
ALL BONDS POSTED FOR ANTIDUMPING PURPOSES AND REFUND ALL
ANTIDUMPING DUTY CASH DEPOSITS WITH INTEREST).

3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON ENTREES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT
CUSTOMS PAYS 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.

4. 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 THE
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT JACK DULBERGER AT 202-482-5505, AD/CVD ENFORCEMENT
GROUP II, OFFICE 4, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

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


PAUL SCHWARTZ