MESSAGE NO: 9301112 DATE: 10 28 1998
CATEGORY: ADA TYPE: REV
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 303 - -
- - - -
- - - -

PERIOD COVERED: 08 13 1998 TO

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: REVOCATION OF ANTIDUMPING DUTY FINDING ON TITANIUM
SPONGE FROMUKRAINE (A-462-303)


1. AS A RESULT OF THE INTERNATIONAL TRADE COMMISSION'S (ITC's)
DETERMINATION THAT REVOCATION OF THE ANTIDUMPING FINDINGS ON
TITANIUM SPONGE FROM KAZAKHSTAN, RUSSIA, AND UKRAINE AND THE
ANTIDUMPING DUTY ORDER ON TITANIUM SPONGE FROM JAPAN IS NOT
LIKELY TO LEAD TO CONTINUATION OR RECURRENCE OF MATERIAL
INJURY TO AN INDUSTRY IN THE UNITED STATES (63 FR 43414,
08/13/98), THE DEPARTMENT OF COMMERCE HAS REVOKED THE
ANTIDUMPING DUTY FINDING ON TITANIUM SPONGE FROM UKRAINE AND
PUBLISHED THE REVOCATION IN THE FEDERAL REGISTER ON 08/31/98
(63 FR 46215).

2. THEREFORE, CUSTOMS IS DIRECTED TO TERMINATE THE SUSPENSION
OF LIQUIDATION FOR ALL SHIPMENTS OF TITANIUM SPONGE FROM
UKRAINE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER 08/13/98 (THE DATE OF
PUBLICATION OF THE ITC'S DETERMINATION OF NO LIKELIHOOD OF
INJURY), AND TO LIQUIDATE SUSPENDED ENTRY SUMMARIES WITHOUT
REGARD TO ANTIDUMPING DUTIES.

3. FOR ALL ENTRIES OF TITANIUM SPONGE FROM UKRAINE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR BEFORE 07/31/94,
COMMERCE HAS ALREADY ISSUED LIQUIDATION INSTRUCTIONS. FOR
ALL ENTRIES OF TITANIUM SPONGE FROM UKRAINE ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FORCONSUMPTION ON OR AFTER 08/01/94
THROUGH 08/12/98, COMMERCE WILL ISSUE SEPARATE LIQUIDATION
INSTRUCTIONS.

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, 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 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. 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." IMPORTING PUBLIC AND
INTERESTED PARTIES SHOULD CONTACT
MR. MARK MANNING AT 202-482-3936, AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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


PAUL SCHWARTZ