- Period Covered: 06/01/1991 to 05/31/1992
MESSAGE NO: 0286210
DATE: 10 12 2000
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 807
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PERIOD COVERED:
06 01 1991
TO
05 31 1992
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: LIQUIDATION INSTRUCTIONS FOR INDUSTRIAL BELTS AND
COMPONENTS & PARTS THEREOF, CURED OR UNCURED FROM
JAPAN (A-588-807)
1.
THE DEPARTMENT
OF
COMMERCE
DOES
NOT AUTOMATICALLY
CONDUCT
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WITHDRAWN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.
INDUSTRIAL BELTS FROM JAPAN
PERIOD
A-588-807
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 06/01/1991-05/31/1992
MITSUBOSHI BELTING LIMITED#
#ENTRIES FOR MITSUBOSHI BELTING FOR THE ABOVE REFERENCED
PERIOD LIQUIDATED VIA MESSAGE #7230112, DATED 08/18/1997
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BY THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE,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 SHIPMENTS OR 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
AND 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)(2) OF THE COMMERCE DEPARTMENT
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 EXPORTER
TO BE REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE THE
ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED
REGULATION. ADDITIONALLY, IF THE IMPORTER DOES NOT 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 SHEILA E. FORBES ON
(202) 482-4697, AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATON.
PAUL SCHWARTZ