• Period Covered: 07/21/1987 to 12/31/1990

MESSAGE NO: 2155119 DATE: 06 03 1992
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 549 - 701 - -
- - - -
- - - -

PERIOD COVERED: 07 21 1987 TO 12 31 1990

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: LIQUIDATION INSTRUCTIONS FOR STEEL WIRE NAILS FROM
THAILAND


1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
OF APRIL 1, 1992 (57 FR 11065) THE FINAL RESULTS OF ITS
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON
STEEL WIRE NAILS FROM THAILAND FOR THE PERIOD JANUARY 1, 1989
THROUGH DECEMBER 31, 1989. THESE LIQUIDATION INSTRUCTIONS
COVER ALL ENTRIES OF STEEL WIRE NAILS FROM THAILAND UPON
WHICH LIQUIDATION HAS BEEN SUSPENDED FROM THE DATE OF THE
PRELIMINARY DETERMINATION, JULY 21, 1987, THROUGH DECEMBER
31, 1990.

2. THE MERCHANDISE COVERED BY THE ORIGINAL SUSPENSION OF
LIQUIDATION AND BY THESE INSTRUCTIONS ARE SHIPMENTS OF:
ONE-PIECE STEEL NAILS MADE OF ROUND WIRE, PROVIDED FOR IN
TARIFF SCHEDULES OF THE UNITED STATES ANNOTATED (TSUSA) ITEM
NUMBERS 646.2500, 646.2610-90, AND 646.3040; TWO-PIECE STEEL
WIRE NAILS AS PROVIDED FOR IN ITEM NUMBER 646.3200; AND NAILS
WITH STEEL WIRE SHANKS AND LEAD HEADS, AS PROVIDED FOR IN
ITEM NUMBER 646.3600. THESE PRODUCTS ARE CURRENTLY
CLASSIFIABLE UNDER HARMONIZED TARIFF SCHEDULE (HTS) ITEM
NUMBERS 7317.00.55, 7317.00.65, 7317.00.75 AND 7616.10.10.


3. AS A RESULT OF ITS REVIEW, THE DEPARTMENT CLARIFIED THE SCOPE
OF, AND RESCINDED A PORTION OF, THE COUNTERVAILING DUTY
ORDER. THE DEPARTMENT CLARIFIED THE SCOPE OF THE
COUNTERVAILING DUTY ORDER TO EXCLUDE ALUMINUM NAILS IMPORTED
UNDER HTS ITEM NUMBER 7616.10.10. THE DEPARTMENT RESCINDED
THAT PORTION OF THE COUNTERVAILING DUTY ORDER COVERING STEEL
WIRE NAILS FALLING UNDER THE DUTY-FREE PROVISIONS OF THE
GENERALIZED SYSTEM OF PREFERENCES (GSP). SUCH MERCHANDISE
WAS PREVIOUSLY PROVIDED FOR UNDER TSUSA ITEM NUMBERS
646.3040, 646.3040, 646.3200 AND 646.3600, AND IS CURRENTLY
PROVIDED FOR UNDER HTS ITEM NUMBERS 7317.00.65 AND
7317.00.75.

4. ACCORDINGLY, YOU ARE INSTRUCTED TO LIQUIDATE, WITHOUT REGARD
TO COUNTERVAILING DUTIES, ALL SHIPMENTS OF THAT MERCHANDISE
DESCRIBED IN PARAGRAPH 3 WHICH IS NO LONGER INCLUDED IN THE
SCOPE OF THE COUNTERVAILING DUTY ORDER, WHICH WERE ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JULY
21, 1987. THE SUSPENSION OF LIQUIDATION ORDERED FOR
SHIPMENTS OF THE EXCLUDED AND RESCINDED MERCHANDISE IS
LIFTED, AND IS HEREBY TERMINATED.

5. THE MERCHANDISE NOW COVERED BY THE COUNTERVAILING DUTY ORDER
IS: ONE-PIECE WIRE NAILS MADE OF ROUND WIRE, PREVIOUSLY
PROVIDED FOR UNDER TSUSA ITEM NUMBERS 646.2500 AND
646.2610-90. THESE PRODUCTS ARE CURRENTLY CLASSIFIABLE UNDER
HTS ITEM NUMBER 7317.00.55.

6. WITH RESPECT TO THE MERCHANDISE SUBJECT OF THE ADMINISTRATIVE
REVIEW AND OF THE CURRENT COUNTERVAILING DUTY ORDER, EXPORTED
ON OR AFTER JANUARY 1, 1989 AND ON OR BEFORE DECEMBER 31,
1989, YOU ARE INSTRUCTED TO LIQUIDATE ENTRIES WITHOUT REGARD
TO COUNTERVAILING DUTIES, AS FOLLOWS:

COMPANY ID NUMBER PERIOD AD VALOREM RATE

ALL FIRMS C-549-701-000 1/1/89-12/31/89 0.00 PERCENT


7. FOR THOSE PERIODS FOR WHICH NO REVIEWS WERE REQUESTED, IN
ACCORDANCE WITH SECTION 355.22(G) OF THE COMMERCE
REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES AT RATES
EQUAL TO THE CASH DEPOSIT OF, OR BOND FOR, ESTIMATED
COUNTERVAILING DUTIES REQUIRED AT THE TIME OF ENTRY FOR THE
FOLLOWING PERIODS.

FOR MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER JULY 21, 1987, AND EXPORTED ON OR
BEFORE DECEMBER 31, 1988, AND FOR MERCHANDISE EXPORTED ON OR
AFTER JANUARY 1, 1990 AND ON OR BEFORE DECEMBER 31, 1990:


COMPANY ID NUMBER PERIOD AD VALOREM

ALL FIRMS C-549-701-000 7/21/87-10/1/87 1.10 PERCENT
ALL FIRMS C-549-701-000 10/2/87-12/31/88 1.00 PERCENT
ALL FIRMS C-549-701-000 1/1/90-12/31/90 1.00 PERCENT

8. THE SUSPENSION OF LIQUIDATION ORDERED FOR SHIPMENTS OF THE
COVERED MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER JULY 21, 1987 AND EXPORTED ON OR
BEFORE DECEMBER 31, 1990 IS LIFTED. THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF THE COVERED MERCHANDISE,
EXPORTED ON OR AFTER JANUARY 1, 1991 WILL CONTINUE. YOU ARE
INSTRUCTED TO WAIVE COLLECTION OF CASH DEPOSITS OF ESTIMATED
COUNTERVAILING DUTIES.

9. THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT REQUIRE THAT
INTEREST BE PAID ON OVERPAYMENTS OR UNDERPAYMENTS OF AMOUNTS
DEPOSITED AS ESTIMATED COUNTERVAILING DUTIES. SUCH INTEREST
IS PAYABLE AT THE RATE IN EFFECT UNDER SECTION 6621 OF THE
INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD. THE INTEREST
SHALL BE CALCULATED AT THAT RATE FROM THE DATE OF PAYMENT OF
ESTIMATED DUTIES THROUGH THE DATE OF LIQUIDATION.

10. ENTRIES BETWEEN THE DATES OF THE PRELIMINARY DETERMINATION
AND PUBLICATION OF THE COUNTERVAILING DUTY ORDER ARE NOT
SUBJECT TO THE INTEREST PROVISIONS OF SECTION 778.
THEREFORE, NO INTEREST SHOULD BE COLLECTED OR PAID ON ENTRIES
OR WITHDRAWALS MADE ON OR AFTER JULY 21, 1987 AND ON OR
BEFORE OCTOBER 1, 1987.

11. CUSTOMS OFFICERS SHALL COLLECT A CASH DEPOSIT OF ESTIMATED
COUNTERVAILING DUTIES IN ACCORDANCE WITH OUR PREVIOUS
INSTRUCTIONS ISSUED IN E-MAIL 2098114 OF APRIL 7, 1992. THIS
DEPOSIT REQUIREMENT WILL REMAIN IN EFFECT UNTIL PUBLICATION
OF THE FINAL RESULTS OF THE NEXT ADMINISTRATIVE REVIEW OF THE
COUNTERVAILING DUTY ORDER ON THIS MERCHANDISE.

12. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE IMPORT SPECIALIST DIVISION,
OTHER AGENCY BRANCH, FTS-566-8651, OR BY E-MAIL TO ATTRIBUTE
"HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES
SHOULD CONTACT THE OFFICE OF COUNTERVAILING COMPLIANCE,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE (202) 377-2786.

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



NANCY MCTIERNAN