MESSAGE NO: 2190117 DATE: 07 08 1992
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 005 - -
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PERIOD COVERED: 09 01 1981 TO 06 30 1985

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: LIQUIDATION INSTRUCTIONS FOR HIGH-POWERED MICROWAVE
AMPLIFIERS FROM JAPAN


1. SHIPMENTS OF HIGH POWERED MICROWAVE AMPLIFIERS EXPORTED TO
THE UNITED STATES BY ALL FIRMS EXCEPT NEC DURING THE PERIOD
SEPTEMBER 1, 1981 THROUGH JUNE 30, 1985, ARE FREE OF DUMPING
LIABILITY. 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 AUGUST 21, 1988,
REPORT ANY DUMPING DUTIES DUE TO CUSTOMS SERVICE HEADQUARTERS.

3. 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, WHICH REQUIRE INTEREST ON
OVERPAYMENTS OR UNDERPAYMENTS OF THE AMOUNTS DEPOSITED AS
ESTIMATED ANTIDUMPING DUTIES. INTEREST SHALL BE CALCULATED FROM
THE DATE OF PAYMENT OF ESTIMATED ANTIDUMPING 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.

4. 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 THE AFFECTED ENTRIES UNTIL A DECISION IS
MADE CONCERNING THE APPLICABILITY OF THE ADDITIONAL INFORMATION.


5. WHENEVER THE USE OF THE ABOVE VALUES 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-REFERENCED REGULATION.

6. YOU MAY RELEASE APPRAISED VALUES TO THE INDIVIDUAL IMPORTER
CONCERNED OR HIS AUTHORIZED REPRESENTATIVE. YOU MAY RELEASE ANY
DETAILS OF THE CALCULATIONS OF APPRAISED VALUES WITHOUT
AUTHORIZATION OF CUSTOMS SERVICE HEADQUARTERS.

7. EFFECTIVE AS OF THE DATE OF ISSUANCE OF THIS EMAIL MESSAGE
YOU SHOULD NO LONGER SUSPEND LIQUIDATION OF ENTRIES COVERED BY
THIS EMAIL MESSAGE AND YOU SHOULD PROCEED WITH LIQUIDATION
ACCORDINGLY.

8. IF THERE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE IMPORT SPECIALIST DIVISION, OTHER
AGENCY BRANCH BY E-MAIL ATTRIBUTE HQ OAB. THE IMPORTING PUBLIC
AND OTHER INTERESTED PARTIES SHOULD CONTACT ARTHUR DUBOIS ON 202
377-8312, OFFICE OF ANTIDUMPING COMPLIANCE, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF
COMMERCE.

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


NANCY MCTIERNAN