MESSAGE NO: 9306211 DATE: 11 02 1999
CATEGORY: CVD TYPE: TER
REFERENCE: REFERENCE DATE:
CASES: C - 307 - 808 - -
- - - -
- - - -

PERIOD COVERED: 05 10 1993 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: RESCISSION ON COUTERVAILING DUTY ORDER ON FERROSILICON
FROM VENEZUELA (C-307-808)


1. THE DEPARTMENT OF COMMERCE HAS RESCINDED THE COUNTERVAILING
DUTY ORDER ON FERROSILICON FROM VENEZUELA AND PUBLISHED THE
RESCISSION IN THE FEDERAL REGISTER ON 09/21/1999 (64 FR 51097).
COMMERCE'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,
05/10/1993.

2. AT THE TIME OF THE INTERNATIONAL TRADE COMMISSION'S
DECISION, COMMERCE HAD INITIATED AN ADMINISTRATIVE REVIEW OF THE
COUNTERVAILING DUTY ORDER ON FERROSILICON FROM VENEZUELA COVERING
THE PERIOD 01/01/1998 THROUGH 12/31/1998. AS A RESULT OF
COMMERCE'S RESCISSION, THIS ADMINISTRATIVE REVIEW IS TERMINATED.

3. DUE TO AN INJUNCTION ISSUED BY THE COURT OF INTERNATIONAL
TRADE PURSUANT TO SPECIFIC LITIGATION CONCERNING THIS
COUNTERVAILING DUTY ORDER, COMMERCE IS ENJOINED FROM ORDERING THE
LIQUIDATION OF SHIPMENTS OF FERROSILICON FROM VENEZUELA SUBJECT
TO THIS ORDER AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER 01/01/1995. THEREFORE, DO NOT LIQUIDATE
ANY ENTRIES OF FERROSILICON FROM VENEZUELA SUBJECT TO THE
COUNTERVAILING DUTY ORDER AND ENTERED OR WITHDRAWN FROM WAREHOUSE
FOR CONSUMPTION ON OR AFTER 01/01/1995 UNTIL YOU HAVE RECEIVED
LIQUIDATION INSTRUCTIONS FROM COMMERCE. WHEN THE COURT OF
INTERNATIONAL TRADE EITHER DISPOSES OF THE LITIGATION GIVING RISE
TO THE INJUNCTION OR DISSOLVES THE INJUNCTION, COMMERCE WILL
ISSUE SEPARATE LIQUIDATION INSTRUCTIONS COVERING THIS TIME PERIOD
AND THE COUNTERVAILING DUTY PROCEEDING.

4. AS A RESULT OF THE INJUNCTION AND PURSUANT TO THE
RESCISSION OF THE ABOVE MENTIONED COUNTERVAILING DUTY ORDER, FOR
ALL SHIPMENTS OF FERROSILICON FROM VENEZUELA ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 9/21/1999 (
I.E., THE DATE OF PUBLICATION OF THE NOTICE OF RESCISSION),
CUSTOMS IS INSTRUCTED TO COLLECT A CASH DEPOSIT OF 0.00 PERCENT.

5. WITH THE EXCEPTION OF SUBJECT MERCHANDISE FROM VENEZUELA
ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER
01/01/1995, CUSTOMS IS DIRECTED TO TERMINATE THE SUSPENSION OF
LIQUIDATION ON SUBJECT MERCHANDISE FOR COUNTERVAILING DUTY
PURPOSES. THESE ENTRIES SHOULD BE LIQUIDATED WITHOUT REGARD TO
COUNTERVAILING DUTIES (I.E., RELEASE ALL BONDS POSTED FOR
COUNTERVAILING DUTY PURPOSES AND REFUND ALL COUNTERVAILING DUTY
CASH DEPOSITS WITH INTEREST).

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
THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND INTERESTED
PARTIES SHOULD CONTACT STEPHANIE MOORE AT 202-482-3692, AD/CVD
ENFORCEMENT GROUP II, OFFICE 6, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

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


PAUL SCHWARTZ