MESSAGE NO: 2196112 DATE: 07 14 1992
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 405 - -
- - - -
- - - -

PERIOD COVERED: 04 21 1992 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: SCOPE RULING ON CELLULAR MOBILE TELEPHONES AND
SUBASSEMBLIES FROM JAPAN(NEC)


1. ON APRIL 21, 1992, IN RESPONSE TO A REQUEST BY NEC
CORPORATION AND NEC AMERICA, INC. (NEC), THE DEPARTMENT ISSUED A
FINAL SCOPE RULING THAT THE NEC BASE BAND INTEGRATED CIRCUIT
(IC), (SERIAL NO. AK0138), IMPORTED FROM JAPAN BY NEC FOR USE IN
MANUFACTURING CELLULAR MOBILE TELEPHONES (CMTS) IS NOT WITHIN THE
SCOPE OF THE ANTIDUMPING DUTY ORDER ON CELLULAR MOBILE TELEPHONES
AND SUBASSEMBLIES FROM JAPAN.

2. ALTHOUGH THE DEPARTMENT FOUND THAT THE BASE BAND IC IS A CMT
SUBASSEMBLY VALUED AT MORE THAN FIVE DOLLARS, BECAUSE IT WAS
DESIGNED FOR USE IN PORTABLE CELLULAR TELEPHONES (PCTS) AND NOT
SPECIFICALLY DESIGNED FOR USE IN CMTS, THE DEPARTMENT RULED THAT
NEC'S BASE BAND IC IS NOT WITHIN THE SCOPE OF THE ORDER.

3. EFFECTIVE IMMEDIATELY TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF THE ABOVE
LISTED PRODUCT.

4. REFUND ANY CASH DEPOSITS AND RELEASE ANY BONDS RELATING TO
THE ABOVE LISTED PRODUCTS.

5. IN ACCORDANCE WITH PREVIOUS INSTRUCTIONS, CONTINUE TO
SUSPEND LIQUIDATION ON CELLULAR MOBILE TELEPHONES AND
SUBASSEMBLIES FROM JAPAN.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS PLEASE CONTACT THE IMPORT SPECIALIST DIVISION, OTHER
AGENCY BRANCH, AT (FTS) 927-1133 OR BY E-MAIL ATTRIBUTE HQ OAB.
THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT
MELISSA SKINNER AT (202) 377-4851 OF THE OFFICE OF ANTIDUMPING
COMPLIANCE, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

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


NANCY MCTIERNAN