- Period Covered: 02/01/2005 to 01/31/2006
MESSAGE NO: 9351005
DATE: 12 17 2009
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 533 - 810
-
-
-
-
-
-
-
-
-
-
PERIOD COVERED:
02 01 2005
TO
01 31 2006
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION INSTRUCTIONS FOR STAINLESS STEEL BAR FROM
INDIA PRODUCED AND EXPORTED BY SINDIA STEELS LIMITED
(A-533-810)
1.
FOR ALL SHIPMENTS OF STAINLESS STEEL BAR FROM INDIA
PRODUCED AND EXPORTED BY SINDIA STEELS LIMITED, AND ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD
02/01/2005 THROUGH 01/31/2006, ASSESS AN ANTIDUMPING LIABILITY
OF 2.01 PERCENT OF THE ENTERED VALUE.
2.
AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT
REGULATION ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS OF
STAINLESS STEEL BAR FROM INDIA PRODUCED BY SINDIA STEELS
LIMITED ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
DURING THE PERIOD 02/01/2005 THROUGH 01/31/2006, ENTERED UNDER
CASE NUMBER A-533-810-008, AND NOT COVERED BY PARAGRAPH ONE,
ASSESS ANTIDUMPING DUTIES AT THE ALL-OTHERS RATE IN EFFECT ON
THE DATE OF ENTRY.
THE ALL-OTHERS RATE FOR STAINLESS STEEL BAR
FROM INDIA IS 12.45 PERCENT.
3.
NOTICE OF LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF SUBJECT MERCHANDISE DURING THE PERIOD 02/01/2005 THROUGH
01/31/2006 OCCURRED WITH THE PUBLICATION OF THE FINAL RESULTS
OF ADMINISTRATIVE REVIEW (72 FR 51595, 09/10/2007).
FOR ALL
OTHER SHIPMENTS OF STAINLESS STEEL BAR FROM INDIA YOU SHALL,
UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS
OF ESTIMATED ANTIDUMPING DUTIES AT THE CURRENT RATES.
4.
THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED
BY THIS INSTRUCTION.
5.
THE ASSESSMENT OF ANTIDUMPING 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
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 PAYMENT OF ESTIMATED
ANTIDUMPING DUTIES IS REQUIRED 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.
6.
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS
DESCRIBED IN SECTION 351.402(f)(2) OF COMMERCE'S REGULATIONS.
THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR
TO LIQUIDATION OF THE ENTRY.
IF THE IMPORTER CERTIFIES THAT IT
HAS AN AGREEMENT WITH THE MANUFACTURER, PRODUCER, SELLER, OR
EXPORTER, TO BE REIMBURSED ANTIDUMPING DUTIES, CBP SHOULD
DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER
DOES NOT PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE
ANTIDUMPING DUTIES DUE.
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:DL).
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
ALICE J. BUCHANAN