MESSAGE NO: 0262201 DATE: 09 18 2000
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 807 - -
- - - -
- - - -

PERIOD COVERED: 02 01 1989 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: ANTIDUMPING SCOPE RULING ON INDUSTRIAL BELTS FROM JAPAN
(A-588-807)


1. ON 07/27/2000, IN RESPONSE TO A REQUEST BY INTERNATIONAL
BUSINESS MACHINES COPORATION (IBM), THE DEPARTMENT OF COMMERCE
ISSUED A FINAL SCOPE RULING THAT IBM'S PIN BELT (SPECIFICALLY
IDENTIFIED AS HKK PART NUMBER 471159A/IBM PART NUMBER 88F3373)
AND STACKER BELT (SPECIFICALLY IDENTIFIED AS HKK PART NUMBER
N305187/IBM PART NUMBER 06F0220) ARE NOT WITHIN THE SCOPE OF THE
ANTIDUMPING DUTY ORDER COVERING INDUSTRIAL BELTS AND COMPONENTS
AND PARTS THEREOF, WHETHER CURED OR UNCURED FROM JAPAN (A-588-
807).

2. THE COMMERCE DEPARTMENT DETERMINED THAT IBM'S PIN BELT AND
STACKER BELT ARE NOT INDUSTRIAL BELTS FOR POWER TRANSMISSION BUT
CONVEYOR BELTS SPECIFICALLY EXCLUDED FROM THE SCOPE OF THE
ANTIDUMPING DUTY ORDER. THEREFORE, IBM'S PIN BELT AND STACKER
BELT ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER
COVERING
INDUSTRIAL BELTS AND COMPONENTS AND PARTS THEREOF, WHETHER CURED
OR UNCURED, FROM JAPAN.

3. EFFECTIVE 07/27/2000, TERMINATE SUSPENSION AND LIQUIDATE
ALL UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF IBM'S PIN
BELT AND STACKER BELT.
4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO IBM'S PIN BELT AND STACKER BELT.

5. FOR THE PERIOD 06/01/1998 THROUGH 05/31/1999, FOR ALL OTHER
ENTRIES FOR ALL FIRMS YOU ARE TO ASSESS ANTIDUMPING DUTIES ON
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT AT THE TIME OF
ENTRY.

6. 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 UNDER PAYMENTS, 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.

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 LIAISON, USING
THE ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND INTERESTED
PARTIES SHOULD CONTACT RON TRENTHAM AT 202-482-6320,
AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

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

PAUL SCHWARTZ