- Period Covered: 09/01/1993 to 08/31/1994
MESSAGE NO: 9355115
DATE: 12 21 1998
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 475 - 017
A - 588 - 607
A - 583 - 810
A - 412 - 602
-
-
-
-
PERIOD COVERED:
09 01 1993
TO
08 31 1994
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: NON REVIEW/LIQUIDATION INSTRUCTIONS FOR SEPTEMBER
1993/1994
1.
THE DEPARTMENT
OF
COMMERCE
NO
LONGER AUTOMATICALLY
CONDUCTS ADMINISTRATIVE
REVIEWS
OF
ANTIDUMPING
DUTY
FINDINGS/ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN
ACCORDANCE WITH SECTION 351.213(b) OF THE COMMERCE
REGULATIONS.
2.
THE DEPARTMENT OF COMMERCE HAS
NOT RECEIVED A
REQUEST FOR
AN ADMINISTRATIVE REVIEW
OF
THE
ANTIDUMPING
DUTY
FINDING/ORDER
FOR THE PERIODS AND ON
THE MERCHANDISE
LISTED BELOW,
EXCEPT
FOR
THE FIRMS NOTED.
THEREFORE, IN
ACCORDANCE WITH SECTION 351.212(c) OF THE COMMERCE
DEPARTMENT REGULATIONS,
YOU
ARE
TO
ASSESS
ANTIDUMPING
DUTIES ON MERCHANDISE ENTERED,
OR
WITHDRAWN
FROM
WAREHOUSE, FOR CONSUMPTION AT
THE CASH DEPOSIT OR BONDING
RATE IN EFFECT ON THE DATE OF ENTRY SUMMARY.
PADS FOR WOODWIND INSTRUMENT KEYS
FROM ITALY
PERIOD
A-475-017
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
09/01/1993 - 08/31/1994
FILAMENT FABRIC FROM JAPAN
PERIOD
A-588-607
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
09/01/1993 - 08/31/1994
CHROME-PLATED LUG NUTS FROM TAIWAN
PERIOD
A-583-810
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:09/01/1993 - 08/31/1994
ANMAX INDUSTRIAL CO., LTD.
BUXTON INTERNATIONAL
CHU FONG METALLIC ELECTRIC CO., LTD.
EVERSPRING PLASTIC CORP.
GINGEN METAL CORP.
GOLDWINATE ASSOCIATES, INC.,
GOURMET EQUIPMENT (TAIWAN) CORP.
HWEN HSIN ENTERPRISES CO., LTD.
KWAN HOW ENTERPRISES CO., LTD.
KUANG HONG INDUSTRIES, LTD.
MULTIGRAND INDUSTRIES, INC.
SAN CHIEN ELECTRIC INDUSTRIAL WORKS, LTD.
SAN SHING HARDWARE WORKS CO., LTD.
TRANSCEND INTERNATIONAL CO.
TRADE UNION INTERNATIONAL INC./TOP LINE
UNIAUTO, INC.
WING TANG ELECTRICAL MANUFACTURING CO., INC.
CRANKSHAFTS FROM THE UNITED KINGDOM
PERIOD
A-412-602
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:09/01/1993 - 08/31/1994
UES LTD.- FORGINGS DIVISION (UEF)
3.
ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF
THE ADMINISTRATIVE
REVIEW.
CONTINUE
TO
SUSPEND
LIQUIDATION
OF
ALL ENTRIES OF MERCHANDISE
EXPORTED OR PRODUCED BY
THE LISTED FIRMS AND ENTERED,
OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING
THIS
PERIOD.
4.
THESE INSTRUCTIONS CONSTITUTES THE
IMMEDIATE LIFTING
OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIODS LISTED ABOVE.
YOU SHALL CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT
ENTRIES OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES.
5.
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.
6.
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE
IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
DESCRIBED IN
SECTION 351.402(f) OF
THE COMMERCE DEPARTMENT
REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY.
IF THE
IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES, CUSTOMS
SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER
FAILS TO RESPOND TO
YOUR FORMAL REQUEST (VIA CF
28
OR 29)
FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATIONS,
CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE
THE
ANTIDUMPING DUTIES
DUE.
7.
IF
THERE
ARE
ANY QUESTIONS REGARDING THIS MATTER
BY
CUSTOMS OFFICERS
PLEASE
CONTACT
VIA
E-MAIL,
THROUGH
THE APPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT
AGENCY LIAISONS, USING ATTRIBUTE "HQ OAB."
THE IMPORTING
PUBLIC AND INTERESTED PARTIES SHOULD CONTACT THE ANALYST IN
CHARGE OF THE CASE ON (202) 482-4737, AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATON.
PAUL SCHWARTZ