MESSAGE NO: 2176115
DATE: 06 24 1992
CATEGORY: CVD
TYPE: LIQ
REFERENCE: 2108117
REFERENCE DATE: 04 17 1992
CASES:
C - 549 - 804
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PERIOD COVERED:
11 03 1989
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 CARBON STEEL BUTT-WELD
PIPE FITTINGS FROM THAILAND - EXCEPT TTU INDUSTRIAL
CORP, LTD. (ENJOINED) C 549-804-001
1.
THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER
OF FEBRUARY 13, 1992
(57
FR 5248) THE FINAL RESULTS OF
ITS
ADMINISTRATIVE REVIEW
OF
THE COUNTERVAILING DUTY
ORDER
ON
CARBON
STEEL
BUTT-WELD
PIPE
FITTINGS
FROM
THAILAND
(C-549-804). THE REVIEW COVERS
THE
PERIOD NOVEMBER 3,
1989
THROUGH DECEMBER 31, 1990.
2.
THE
U.S.
COURT
OF
INTERNATIONAL
TRADE
HAS
ENJOINED
LIQUIDATION
OF
ALL
SHIPMENTS
OF
THE
SUBJECT MERCHANDISE
EXPORTED BY
TTU INDUSTRIAL CORP., LTD. (TTU),
ON
OR
AFTER
NOVEMBER 3, 1989 AND ON OR BEFORE DECEMBER 31, 1990.
3.
THE MERCHANDISE COVERED
BY
THESE INSTRUCTIONS ARE SHIPMENTS
OF
CARBON
STEEL BUTT-WELD
PIPE
FITTINGS,
FROM
THAILAND,
HAVING
AN
INSIDE
DIAMETER
OF
LESS
THAN
360 MILLIMETERS
(FOURTEEN INCHES), IMPORTED IN
EITHER FINISHED OR UNFINISHED
FORM.
THESE FORMED OR FORGED PIPE FITTINGS ARE USED TO
JOIN
SECTIONS
OF
PIPING
SYSTEMS
WHERE
CONDITIONS
REQUIRE
PERMANENT, WELDED CONNECTIONS, AS DISTINGUISHED FROM FITTINGS
BASED ON OTHER FASTENING METHODS (E.G., THREADED, GROOVED, OR
BOLTED
FITTINGS).
SUCH
MERCHANDISE
IS CLASSIFIABLE UNDER
ITEM NUMBER 73.07.93.30 OF THE HARMONIZED TARIFF SCHEDULE.
4.
THE TOTAL BOUNTIES OR GRANTS WERE FOUND TO BE 1.02 PERCENT AD
VALOREM FOR
THE PERIOD NOVEMBER 3, 1989 THROUGH DECEMBER 31,
1989
AND
1.76 PERCENT AD VALOREM FOR
THE PERIOD JANUARY 1,
1990 THROUGH DECEMBER 31, 1990.
5.
ACCORDINGLY, YOU ARE
TO ASSESS COUNTERVAILING DUTIES OF 1.02
PERCENT OF THE F.O.B. INVOICE PRICE ON
ALL SHIPMENTS OF THIS
MERCHANDISE
ENTERED
OR
WITHDRAWN
FROM
WAREHOUSE,
FOR
CONSUMPTION ON
OR AFTER NOVEMBER 3, 1989 AND EXPORTED ON
OR
BEFORE
DECEMBER
31,
1989,
EXCEPT
FOR
THAT
MERCHANDISE
EXPORTED BY
TTU.
FOR
THE
PERIOD JANUARY 1,
1990 THROUGH
DECEMBER 31, 1990,
YOU
ARE
TO ASSESS COUNTERVAILING DUTIES
OF 1.76 PERCENT OF THE F.O.B. INVOICE PRICE ON
ALL SHIPMENTS
EXCEPT THOSE EXPORTED BY TTU.
MANUFACTURER
ID NUMBER
PERIOD
AD VALOREM RATE
TTU
C-549-804-001
11/3/89-12/31/89
LIQUIDATION
ENJOINED
ALL OTHERS
C-549-804-000
11/3/89-12/31/89
1.02 PERCENT
TTU
C-549-804-001
1/1/90-12/31/90
LIQUIDATION
ENJOINED
ALL OTHERS
C-549-804-000
1/1/90-12/31/90
1.76 PERCENT
6.
SECTION 778 OF
THE TARIFF ACT REQUIRES 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.
PURSUANT TO SECTION 353.24(C)
OF THE DEPARTMENT OF COMMERCE REGULATIONS, THE INTEREST SHALL
BE CALCULATED AT
THAT
RATE
FROM
THE
DATE
OF PAYMENT
OF
ESTIMATED DUTIES THROUGH THE DATE OF LIQUIDATION.
7.
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 NOVEMBER 3, 1989 AND
ON
OR
BEFORE JANUARY 17, 1990.
8.
THE SUSPENSION
OF LIQUIDATION ORDERED
FOR
THIS MERCHANDISE
EXPORTED ON OR BEFORE DECEMBER 31, 1990 IS NOW LIFTED, EXCEPT
FOR SHIPMENTS OF THE MERCHANDISE EXPORTED BY TTU ON
OR AFTER
NOVEMBER 3, 1989 AND EXPORTED ON OR BEFORE DECEMBER 31, 1990.
THE
SUSPENSION
OF LIQUIDATION ON
THOSE
EXPORTS
FROM
TTU
REMAINS IN EFFECT.
LIQUIDATION INSTRUCTIONS FOR
THE
PERIOD
JANUARY
1,
1991
THROUGH
DECEMBER
31,
1991
HAVE
BEEN
TRANSMITTED IN E-MAIL 2119118 OF
APRIL 28, 1992.
SUSPENSION
OF LIQUIDATION FOR ALL ENTRIES OF THE MERCHANDISE EXPORTED ON
OR AFTER JANUARY 1, 1992 WILL CONTINUE.
9.
CUSTOMS OFFICERS SHALL COLLECT
A
CASH DEPOSIT
OF ESTIMATED
COUNTERVAILNG
DUTIES
IN
ACCORDANCE
WITH
OUR
PREVIOUS
INSTRUCTIONS ISSUED IN E-MAIL 2108117 OF APRIL 17, 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.
10. IF CUSTOMS OFFICERS HAVE ANY QUESTIONS REGARDING THIS MATTER,
PLEASE CONTACT THE
IMPORT SPECIALIST DIVISION, OTHER
AGENCY
BRANCH 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.
11. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN