MESSAGE NO: 9362001 DATE: 12 28 2009
CATEGORY: ADA TYPE: LIQ
REFERENCE: 7313201 REFERENCE DATE: 11 09 2007
CASES: A - 122 - 822 - -
- - - -
- - - -

PERIOD COVERED: 09 26 2000 TO 12 15 2005

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUID. INST. OF CERTAIN CR CARBON STEEL FLAT PRODUCT
FROM CANADA IMPORTED BY PARKDALE INT'L LTD. (A-122-822)
(CT#: 05-00316;07-00166)-EXCEPT ITEMS IN PARA. 6

1. THIS MESSAGE APPLIES ONLY TO ENTRIES OF CERTAIN
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM CANADA
(A-122-822) IMPORTED BY PARKDALE INTERNATIONAL LTD. ON OR AFTER
09/26/2000 AND BEFORE 12/15/2005.

2. ON 02/09/2007, THE COURT OF APPEALS FOR THE FEDERAL CIRCUIT
ISSUED A FINAL DECISION IN THE CASE OF CERTAIN
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM CANADA
(A-122-822), COURT CASE 05-00316. AS A RESULT OF THIS
DECISION, THE INJUNCTION TO WHICH MESSAGE # 5136207 REFERS,
ENJOINING LIQUIDATION OF ENTRIES WHICH ARE SUBJECT TO THE
ANTIDUMPING DUTY ORDER ON CERTAIN CORROSION-RESISTANT CARBON
STEEL FLAT PRODUCTS FROM CANADA FOR THE PERIOD 08/01/2002
THROUGH 05/05/2003 IMPORTED BY PARKDALE INTERNATIONAL LTD.,
DISSOLVED ON 04/25/2007.

3. ON 06/30/2009, THE COURT OF APPEALS FOR THE FEDERAL CIRCUIT
DISMISSED CASE NUMBER 07-00166, CONCERNING CERTAIN
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM CANADA
(A-122-822). AS A RESULT OF THIS DISMISSAL, THE INJUNCTION TO
WHICH MESSAGE # 7313201 REFERS ENJOINING LIQUIDATION OF ENTRIES
WHICH ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON CERTAIN
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM CANADA FOR
THE PERIOD ON OR AFTER 09/26/2000 IMPORTED BY PARKDALE
INTERNATIONAL LTD. DISSOLVED ON 06/30/2009.

4. ACCORDINGLY, YOU ARE NOW INSTRUCTED TO LIQUIDATE ENTRIES OF
CERTAIN CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM
CANADA WHICH WERE IMPORTED BY PARKDALE INTERNATIONAL LTD. AND
WHICH WERE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION, ON OR AFTER 09/26/2000 AND BEFORE 12/15/2005, IN
ACCORDANCE WITH THE RELEVANT MESSAGE IDENTIFIED BELOW.

MESSAGE DATE PERIOD
3125207 05/05/2003 02/04/1993 - 07/31/2001
3128203 05/08/2003 02/04/1993 - 07/31/2001
3098202 04/08/2003 08/01/2000 - 07/31/2001
3246203 09/03/2003 08/01/2001 - 07/31/2002
2274207 10/01/2002 08/01/2001 - 07/31/2002
4224207 08/11/2004 08/01/2001 - 07/31/2002
5199203 07/18/2005 08/01/2001 - 07/31/2002
5237202 08/25/2005 08/01/2001 - 07/31/2002
5264202 09/21/2005 08/01/2002 - 07/31/2003
5266207 09/23/2005 08/01/2002 - 07/31/2003
4007206 01/07/2004 08/01/2002 - 07/31/2003
4015206 01/15/2004 08/01/2002 - 07/31/2003
8150202 05/29/2008 08/01/2002 - 07/31/2003
5040202 02/09/2005 08/01/2003 - 07/31/2004
6123210 05/03/2006 08/01/2003 - 07/31/2004
6145202 05/25/2006 08/01/2003 - 07/31/2004
6005206 01/05/2006 08/01/2004 - 07/31/2005
7207203 07/26/2007 08/01/2004 - 07/31/2005
7213201 08/01/2007 08/01/2004 - 07/31/2005
6303201 10/30/2006 08/01/2005 - 07/31/2006
7072208 03/13/2007 08/01/2005 - 12/15/2005

5. NOTE THAT THE ANTIDUMPING DUTY ORDER ON CERTAIN
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM CANADA WAS
REVOKED EFFECTIVE 12/15/2005. ENTRIES OF THIS MERCHANDISE ON
OR AFTER 12/15/2005 ARE NOT SUBJECT TO ANTIDUMPING DUTIES. SEE
MESSAGE # 7053202 DATED 02/22/2007.

6. ON 04/26/2007, THE U.S. COURT OF INTERNATIONAL TRADE ISSUED
A PRELIMINARY INJUNCTION ENJOINING LIQUIDATION OF CERTAIN
ENTRIES WHICH ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON
CERTAIN CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM
CANADA (A-122-822) PRODUCED BY DOFASCO INC., SOREVCO INC. OR DO
SOL GALVA LTD. (AKA DOSOL GALVA, LTD.) AND IMPORTED BY OR SOLD
TO DOFASCO INC.; OR PRODUCED BY DOFASCO INC., SOREVCO INC. OR
DO SOL GALVA LTD. (AKA DOSOL HGALVA, LTD.) AND PROCESSED BY DJ
GALVANIZING LTD. PARTNERSHIP (DJG) (FORMERLY DNN GALVANIZING
LTD. PARTNERSHIP), AND IMPORTED BY OR SOLD TO DOFASCO INC., AND
WHICH WERE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION DURING THE PERIOD 08/01/2004 THROUGH 07/31/2005.

CONTINUE TO SUSPEND LIQUIDATION OF THESE ENTRIES UNTIL

LIQUIDATION INSTRUCTIONS ARE PROVIDED. SEE MESSAGE NUMBER
7123201 (05/03/2007).

7. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES OF CERTAIN
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM CANADA
(A-122-822) IMPORTED BY PARKDALE INTERNATIONAL LTD., ON OR
AFTER 09/26/2000 AND BEFORE 12/15/2005.

8. 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.

9. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS
DESCRIBED IN SECTION 351.402(f)(2) 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.

10. 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 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 O6: DM).

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


ALICE J. BUCHANAN