MESSAGE NO: 2178114 DATE: 06 26 1992
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 020 - -
- - - -
- - - -

PERIOD COVERED: 11 01 1989 TO 10 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 SHIPMENTS OF TITANIUM
SPONGE MANUFACTURED BY SHOWA DENKO K.K (A-588-020-004)
AND TOHO TITANIUM CO.,LTD (A-588-020-002)


1. ALL SHIPMENTS OF JAPANESE TITANIUM SPONGE MANUFACTURED BY
SHOWA DENKO K.K. (A-588-020-004) AND BY TOHO TITANIUM CO.,
LTD. (A-588-020-002), WHICH WERE ENTERED DURING THE PERIOD
NOVEMBER 1, 1989 THROUGH OCTOBER 31, 1990, SHOULD BE
LIQUIDATED WITHOUT REGARD TO DUMPING DUTIES. YOU MAY
APPRAISE THESE SHIPMENTS AND LIQUIDATE THE APPLICABLE ENTRIES
BY STAMPING EACH INVOICE WITH THE WORDING "NO DUMPING DUTIES
DUE".

2. IN ACCORDANCE WITH C.I.E. N-15/88 DATED APRIL 21, 1988,
REPORT TO CUSTOMS SERVICE HEADQUARTERS ANY DUMPING DUTIES
DUE.

THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
IS SUBJECT TO THE PROVISION OF SECTION 778 OF THE TARIFF ACT,
WHICH REQUIRES INTEREST ON OVERPAYMENTS OR UNDERPAYMENTS OF
THE AMOUNTS DEPOSITED AS ESTIMATED DUMPING DUTIES. 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. INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT
OF ESTIMATED DUTIES THROUGH THE DATE OF LIQUIDATION.

3. IMMEDIATELY FORWARD TO CUSTOMS SERVICE HEADQUARTERS ANY
INFORMATION ON FILE WHICH MIGHT AFFECT THE APPRAISED VALUES
UNDER THE ANTIDUMPING PROVISIONS, WITH AN EXPLANATION OF THE
CIRCUMSTANCES UNDER WHICH IT WAS RECEIVED. IN SUCH A CASE,
SUSPEND LIQUIDATION OF AFFECTED ENTRIES UNTIL A DECISION IS
MADE CONCERNING THE APPLICABILITY OF THE ADDITIONAL
INFORMATION.


4. WHENEVER THE USE OF THE ABOVE INFORMATION RESULTS IN THE
ASSESSMENT OF ANTIDUMPING DUTIES, YOU SHOULD REQUIRE OF THE
IMPORTER PRIOR TO LIQUIDATION THE REIMBURSEMENT STATEMENT
DESCRIBED IN SECTION 353.26 OF THE COMMERCE DEPARTMENT
REGULATIONS. IF THE IMPORTER HAS BEEN REIMBURSED ANTIDUMPING
DUTIES OR FAILS TO RESPOND TO YOUR FORMAL REQUEST (VIA CF 28
OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION,
CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES DUE IN
ACCORDANCE WITH THE ABOVE-REFERENCE REGULATIONS.

5. YOU MAY RELEASE APPRAISED VALUES TO THE INDIVIDUAL IMPORTER
CONCERNED OR HIS AUTHORIZED REPRESENTATIVE. YOU MAY NOT
RELEASE ANY DETAILS OF THE CALCULATIONS OF APPRAISED VALUES
WITHOUT AUTHORIZATION OF CUSTOMS SERVICE HEADQUARTERS.

6. EFFECTIVE AS OF THE DATE OF ISSUANCE OF THE MASTER LIST, YOU
SHOULD NO LONGER SUSPEND LIQUIDATION OF ENTRIES COVERED BY
THIS MASTER LIST AND YOU SHOULD PROCEED WITH LIQUIDATION
ACCORDINGLY.


7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, 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.


NANCY MCTIERNAN