MESSAGE NO: 2260201 DATE: 09 17 2002
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 201 - 802 - -
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PERIOD COVERED: 08 01 2001 TO 07 31 2002

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR GRAY PORTLAND CEMENT
AND CLINKER FROM MEXICO (A-201-802)


1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY ORDERS. INSTEAD,
REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 351.213 OF
THE COMMERCE DEPARTMENT REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS RECEIVED COMPANY-SPECIFIC
REQUESTS FOR AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY
ORDER FOR THE PERIOD AND ON THE MERCHANDISE LISTED BELOW.
THEREFORE, IN ACCORDANCE WITH SECTION 351.212(c) OF THE COMMERCE
DEPARTMENT REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON
ALL MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE
DATE OF ENTRY TO WHICH THE FOLLOWING INFORMATION APPLIES:

GRAY PORTLAND CEMENT AND CLINKER PERIOD
FROM MEXICO

A-201-802 8/01/2001 7/31/2002

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

GCC CEMENTOS, S.A. DE C.V. 8/01/2001 7/31/2002
(KNOWN AS CEMENTOS DE CHIHUAHUA, S.A.,
DE C.V. (CDC) UNTIL 12/01/1999)

CEMEX, S.A. DE C.V. 8/01/2001 7/31/2002

APASCO, S.A. DE C.V. 8/01/2001 7/31/2002

3. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF THE ADMINISTRATIVE REVIEW. THE EXCEPTED FIRMS CAN
BE MANUFACTURERS/PRODUCERS, EXPORTERS, OR
MANUFACTURERS/PRODUCER/EXPORTER COMBINATIONS. UNLESS NOTED
OTHERWISE, ASSUME THE EXCEPTED FIRMS ARE MANUFACTURERS/PRODUCERS.

4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS
OF ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES OF THE
SUBJECT MERCHANDISE AT THE CURRENT RATES.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON SHIPMENTS OR ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778
REQUIRES THAT CUSTOMS PAY INTEREST ON OVERPAYMENT AND ASSESS
INTEREST ON UNDERPAYMENT OF THE REQUIRED AMOUNT DEPOSITED AS
ESTIMATED ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY
ORDER. 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.

6. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED
IN SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT REGULATIONS.
THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION OF THE ENTRY. IF THE IMPORTER CERTIFIES THAT IT HAS
AN AGREEMENT WITH THE EXPORTER TO BE REIMBURSED ANTIDUMPING
DUTIES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES IN
ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY,
IF THE IMPORTER DOES NOT RESPOND TO YOUR FORMAL REQUEST (VIA CF
28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION,
CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING
DUTIES DUE.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT BRIAN ELLMAN AT 202-482-4852, AD/CVD ENFORCEMENT
3, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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

CATHY SAUCEDA