MESSAGE NO: 9348111
DATE: 12 14 1998
CATEGORY: CVD
TYPE: REV
REFERENCE:
REFERENCE DATE:
CASES:
C - 557 - 806
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PERIOD COVERED:
01 01 1995
TO
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: REVOCATION OF THE COUNTERVAILING DUTY ORDER ON
EXTRUDED RUBBER THREAD FROM MALAYSIA (C-557-806)
1.
ON JUNE 25, 1998, THE INTERNATIONAL TRADE COMMISSION
NOTIFIED THE DEPARTMENT OF COMMERCE OF ITS NEGATIVE INJURY
DETERMINATION WITH REGARD TO THE OUTSTANDING COUNTERVAILING
DUTY ORDER ON EXTRUDED RUBBER THREAD FROM MALAYSIA
(C-557-806). AS A RESULT, ON AUGUST 4, 1998, THE DEPARTMENT
OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS NOTICE OF
REVOCATION (63 FR 41544) FOR MERCHANDISE WHICH ENTERED ON OR
AFTER JANUARY 1, 1995.
2.
THEREFORE, CUSTOMS IS DIRECTED TO TERMINATE THE SUSPENSION
OF LIQUIDATION FOR ALL SHIPMENTS OF EXTRUDED RUBBER THREAD
FROM MALAYSIA ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER JANUARY 1, 1995.
ANY CASH DEPOSITS
OF COUNTERVAILING DUTIES COLLECTED SINCE
JANUARY 1, 1995, SHOULD BE REFUNDED WITH INTEREST.
3.
IMPORTS COVERED BY THE ORDER WERE SHIPMENTS OF EXTRUDED
RUBBER THREAD.
EXTRUDED RUBBER THREAD IS DEFINED AS
VULCANIZED RUBBER THREAD OBTAINED BY EXTRUSION OF STABLE OR
CONCENTRATED NATURAL RUBBER LATEX OF ANY CROSS SECTIONAL
SHAPE, MEASURING FROM 0.18 MM, WHICH IS 0.007 INCH OR 140
GAUGE, TO 1.42 MM, WHICH IS 0.056 INCH OR 18 GAUGE, IN
DIAMETER. EXTRUDED RUBBER THREAD IS CURRENTLY CLASSIFIED
UNDER SUBHEADING 4007.00.00 OF THE HARMONIZED TARIFF
SCHEDULE OF THE UNITED STATES.
4.
THE ASSESSMENT OF COUNTERVAILING 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 UNDER PAYMENTS, 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 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.
4.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT LIAISON, USING THE
ATTRIBUTE "HQ OAB."
THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT MARIA MACKAY, IN THE
OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE,
AT 202-482-0395.
5.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
PAUL SCHWARTZ