MESSAGE NO: 0311201 DATE: 11 06 2000
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 805 - -
- - - -
- - - -

PERIOD COVERED: 01 01 1999 TO 12 31 1999

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: LIQ. INSTRUCTIONS FOR NEW STEEL RAIL FROM CANADA
(C-122-805)


1. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON NEW
STEEL RAIL FROM CANADA (C-122-805) FOR THE PERIOD 1/1/1999-
12/31/1999.

2. THE MERCHANDISE COVERED BY THESE INSTRUCTIONS IS NEW STEEL
RAIL, EXCEPT LIGHT RAIL FROM CANADA (C-122-805) CURRENTLY
PROVIDED FOR UNDER HARMONIZED TARIFF ITEM NUMBERS:
7302.10.1020, 7302.10.1025, 7302.10.1035, 7302.10.1040,
7302.10.1045, 7302.10.1055, 7302.10.5020, AND 8548.00.0000.

3. THEREFORE, IN ACCORDANCE WITH SECTION 351.212(C) OF THE
COMMERCE REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES AT
RATES EQUAL TO THE CASH DEPOSIT OF ESTIMATED COUNTERVAILING
DUTIES REQUIRED AT THE TIME OF ENTRY ON THE SPECIFIED SUBJECT
MERCHANDISE EXPORTED ON OR AFTER 1/1/1999 AND ON OR BEFORE
12/31/1999.
4. THE RATES OF ESTIMATED COUNTERVAILING DUTIES WHICH WERE
REQUIRED TO BE DEPOSITED ARE:

NEW STEEL RAIL
FROM CANADA
MANUFACTURERS CASE NUMBER PERIOD RATE

ALGOMA STEEL CORP. C-122-805-001 1/1/1999-12/31/1999 EXCLUDED
SIDNEY STEEL CORP. C-122-805-002 1/1/1999-12/31/1999 112.34%
BERNARD RAILTRACK
EXPORT C-122-805-003 1/1/1999-12/31/1999 112.34%
ALL OTHER FIRMS C-122-805 1/1/1999-12/31/1999 94.57%

5. THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE EXPORTED ON BEFORE 12/31/1999 IS LIFTED. THE
SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF THE MERCHANDISE
LISTED ABOVE EXPORTED AFTER 12/31/1999 WILL CONTINUE.

6. THE ASSESSMENT OF COUNTERVAILING 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, OR ASSESS
INTEREST ON UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS
ESTIMATED COUNTERVAILING DUTIES. THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED COUNTERVAILING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY
ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE OF ENTRY OR
DATE OF DEPOSIT WHICH EVER IS LATER, OF ESTIMATED COUNTERVAILING
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.

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
ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT THE OFFICE OF AD/CVD ENFORCEMENT VI,
IMPORT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, (202) 482-
2786.

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

PAUL SCHWARTZ