MESSAGE NO: 9314003 DATE: 11 10 2009
CATEGORY: CVD TYPE: LIQ
REFERENCE: 9306211 REFERENCE DATE: 11 02 1999
CASES: C - 307 - 808 - -
- - - -
- - - -

PERIOD COVERED: 01 01 1995 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION FOR FERROSILICON FROM VENEZUELA (CBP CASE
C-307-201/COMMERCE CASE C-307-808); CT NO 93-06-00322
DISSOLVED. LIFTING OF SUSPENSION: DATE OF MESSAGE

1. ON 07/27/2009, THE U.S. COURT OF INTERNATIONAL TRADE (CIT)
ISSUED AN ORDER OF DISMISSAL IN AIMCOR, ALABAMA SILICON INC.
AND AMERICAN ALLOYS INC. V. UNITED STATES AND FERROATLANTICA DE
VENEZUELA, CONSOLIDATED COURT NO. 93-06-00322.

AS A RESULT, THE INJUNCTION OF 05/29/1996, ENJOINING THE
LIQUIDATION OF CERTAIN ENTRIES OF FERROSILICON FROM VENEZUELA
DISSOLVED. (NOTE: NO INJUNCTION MESSAGE COULD BE LOCATED BUT
MESSAGE 9306211, DATED 11/02/1999, REFERENCES THE 05/29/1996
INJUNCTION.)

2. CBP IS DIRECTED TO TERMINATE THE SUSPENSION OF LIQUIDATION
FOR ALL SHIPMENTS OF FERROSILICON FROM VENEZUELA ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
01/01/1995, AND TO RELEASE ANY BOND OR OTHER SECURITY, AND
REFUND ANY CASH DEPOSIT.

3. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES OF FERROSILICON FROM
VENEZUELA.

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

5. THE SUSPENSION OF LIQUIDATION OF FERROSILICON FROM VENEZUELA
ENTERED ON OR AFTER 01/01/1995 IS LIFTED.

6. THE ASSESSMENT OF COUNTERVAILING 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
COUNTERVAILING DUTIES.

THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS
POSTED AS ESTIMATED COUNTERVAILING DUTIES BEFORE THE DATE OF
PUBLICATION OF THE COUNTERVAILING DUTY ORDER.

INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF
ESTIMATED COUNTERVAILING 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.

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 O1:SI).

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


FLORENCE V. CONSTANT