MESSAGE NO: 2063207 DATE: 03 04 2002
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 215 A - 588 - 216
A - 588 - 835 - -
- - - -

PERIOD COVERED: 08 01 1998 TO 07 31 1999

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: LIQUIDATION INSTRUCTIONS FOR OCTG FROM JAPAN PRODUCED BY
VARIOUS
(COMMERCE CASE: A-588-835 / CUSTOMS CASES: A-588-215/216)

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON 03/05/2001 (66 FR 13285), THE FINAL RESULTS OF ITS
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER (A-588-835)
ON OIL COUNTRY TUBULAR GOODS FROM JAPAN FOR THE 08/01/1998
THROUGH 07/31/1999 PERIOD.

AS A RESULT OF THIS REVIEW, FOR ALL SHIPMENTS OF OIL COUNTRY
TUBULAR GOODS FROM JAPAN PRODUCED BY HALLMARK TUBULARS LTD.,
ITOCHU CORP., ITOCHU PROJECT MANAGEMENT CORP., OR NIPPON STEEL
CORP., AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION
DURING THE PERIOD 08/01/1998 THROUGH 07/31/1999, ASSESS AN
ANTIDUMPING LIABILITY AT THE FOLLOWING PERCENTAGES OF THE ENTERED
VALUE:

HALLMARK TUBULARS LTD. A-588-215/216-004 44.20%
ITOCHU CORP. A-588-215/216-005 44.20%
ITOCHU PROJECT MANAGEMENT CORP. A-588-215/216-006 44.20%
NIPPON STEEL CORP. A-588-215/216-001 44.20%

2. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON 09/11/2000 (65 FR 54838), THE FINAL PARTIAL RESCISSION OF ITS
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER (A-588-
835) ON OIL COUNTRY TUBULAR GOODS FROM JAPAN FOR THE 08/01/1998
THROUGH 07/31/1999 PERIOD.

AS A RESULT OF THIS FINAL RESCISSION, FOR ALL SHIPMENTS OF OIL
COUNTRY TUBULAR GOODS FROM JAPAN PRODUCED BY SUMITOMO METAL
INDUSTRIES OR EXPORTED BY SUMITOMO CORPORATION (COLLECTIVELY A-
588-215/216-002) AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIOD 08/01/1998 THROUGH 07/31/1999,
ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN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.

3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. FOR ALL OTHER SHIPMENTS OF OIL COUNTRY
TUBULAR GOODS FROM JAPAN YOU SHALL, UNLESS OTHERWISE INSTRUCTED,
CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES
FOR THE MERCHANDISE AT THE CURRENT RATES.

4. 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 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 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.

5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
AS 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 LIQUIDATION,
CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING
DUTIES DUE.

6. 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 MARK HOADLEY AT 202-482-0666,
AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

7. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.

PAUL SCHWARTZ