MESSAGE NO: 3257112 DATE: 09 14 1992
CATEGORY: ADA TYPE: LIQ
REFERENCE: 3117111 REFERENCE DATE: 04 27 1993
CASES: A - 588 - 020 - -
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PERIOD COVERED: 11 01 1990 TO 10 31 1991

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: LIQUIDATION INSTRUCTIONS FOR TITANIUM SPONGE FROM JAPAN
FOR SHOWA DENKO K.K. AND TOHO TITANIUM CO.,LTD.


1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON APRIL 8, 1993 (58 FR 18202) THE FINAL RESULTS OF ITS
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
TITANIUM SPONGE FROM JAPAN (A-588-020). THE REVIEW COVERS
THE PERIOD NOVEMBER 1, 1990 THROUGH OCTOBER 31, 1991.

2. IMPORTS COVERED BY THIS REVIEW ARE SHIPMENTS OF UNWROUGHT
TITANIUM SPONGE. TITANIUM SPONGE IS A POROUS, BRITTLE METAL
WHICH HAS A HIGH STRENGTH-TO-WEIGHT RATIO AND IS HIGHLY
DUCTILE. IT IS AN INTERMEDIATE PRODUCT USED TO PRODUCE
TITANIUM INGOTS, SLABS, BILLETS, PLATES, AND SHEETS. DURING
THE REVIEW PERIOD, SUCH MERCHANDISE WAS CLASSIFIABLE UNDER
HARMONIZED TARIFF SCHEDULE ITEM NUMBER 8108.10.50.10.

3. THE DUMPING MARGINS FOR SHOWA DENKO K.K. (A-588-020-004) AND
TOHO TITANIUM CO., LTD. (A-588-020-002) WERE FOUND TO BE ZERO
FOR THE PERIOD NOVEMBER 1, 1990 THROUGH OCTOBER 31, 1991.

4. ACCORDINGLY, ALL SHIPMENTS OF THIS MERCHANDISE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FROM NOVEMBER 1, 1990 THROUGH
OCTOBER 31, 1991 FROM SHOWA DENKO K.K. AND TOHO TITANIUM CO.
LTD., SHOULD BE LIQUIDATED WITHOUT REGARD TO ANTIDUMPING
DUTIES. YOU MAY APPRAISE THESE SHIPMENTS AND LIQUIDATE THE
APPLICABLE ENTRIES BY STAMPING EACH INVOICE WITH THE WORDING
"NO DUMPING DUTIES DUE."


5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
HEADQUARTERS 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.

6. 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 ENTIES UNTIL A DECISION IS
MADE CONCERNING THE APPLICABILITY OF THE ADDITIONAL
INFORMATION.

7. EFFECTIVE AS OF THE DATE OF ISSUANCE OF THESE INSTRUCTIONS,
YOU SHOULD DISCONTINUE THE SUSPENSION OF LIQUIDATION OF
ENTRIES COVERED BY THIS PERIOD (NOVEMBER 1, 1990 THROUGH
OCTOBER 31, 1991) FOR SHOWA DENKO K.K. AND TOHO TITANIUM CO.,
LTD. AND YOU SHOULD PROCEED WITH LIQUIDATION ACCORDINGLY.

8. CUSTOMS OFFICERS SHALL COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES IN ACCORDANCE WITH OUR PREVIOUS
INSTRUCTIONS ISSUED IN E-MAIL 311711 OF APRIL 27, 1993 (I.E.,
ZERO CASH DEPOSIT WILL BE REQUIRED FOR SHOWA DENKO K.K. AND
TOHO TITANIUM CO., LTD.) SUSPENSION OF LIQUIDATION AND THIS
CASH DEPOSIT REQUIREMENT WILL REMAIN IN EFFECT UNTIL
PUBLICATION OF THE FINAL RESULTS OF THE NEXT ADMINISTRATIVE
REVIEW OF THE ANTIDUMPING DUTY ORDER ON THIS MERCHANDISE.

9. 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.

10. EFFECTIVE THE DATE OF THE ISSUANCE OF THIS MASTER LIST, YOU
SHOULD NO LONGER SUSPEND LIQUIDATION OF ENTRIES COVERED BY
THESE INSTRUCTIONS AND YOU SHOULD PROCEED WITH LIQUIDATION
ACCORDINGLY. SUSPENSION OF LIQUIDATION REMAINS IN EFFECT FOR
ENTRIES OF TITANIUM SPONGE FROM JAPAN MADE AFTER OCTOBER 13,
1991.


11. IF THERE ARE 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
THE OFFICE OF COUNTERVAILING COMPLIANCE, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE, (202) 482-2786.


NANCY MCTIERNAN