MESSAGE NO: 3328201 DATE: 11 24 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 502 - -
- - - -
- - - -

PERIOD COVERED: 10 17 2003 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: SCOPE RULING ON IRON CONSTRUCTION CASTINGS FROM THE
PEOPLE'S REPUBLIC OF CHINA FROM FRANK J. MARTIN COMPANY
(A-570-502)

1. ON 10/17/2003, IN RESPONSE TO A SCOPE REQUEST BY FRANK J.
MARTIN COMPANY (MARTIN) REGARDING CERTAIN CAST IRON FULL-FLANGED
RINGS AND GAS LIDS THAT MARTIN IMPORTS FROM THE PEOPLE'S REPUBLIC
OF CHINA (PRC), THE DEPARTMENT OF COMMERCE (THE DEPARTMENT)
ISSUED A FINAL SCOPE RULING AND FOUND THESE CAST IRON FULL-
FLANGED RINGS AND GAS LIDS TO BE OUTSIDE THE SCOPE OF THE
ANTIDUMPING DUTY ORDER ON IRON CONSTRUCTION CASTINGS FROM THE PRC
(A-570-502).

2. THE DEPARTMENT DETERMINED THAT THESE CAST IRON FULL-FLANGED
RINGS AND GAS LIDS ARE NOT WITHIN THE SCOPE OF THE ORDER BECAUSE
THESE TWO IMPORTED COMPONENTS CANNOT BE ASSEMBLED INTO A
COMPLETED VALVE BOX AS DESCRIBED WITHIN THE SCOPE OF THE ORDER
COVERING "LIGHT CONSTRUCTION CASTINGS."

3. EFFECTIVE 10/07/2003, TERMINATE SUSPENSION AND LIQUIDATE
WITHOUT REGARD TO ANTIDUMPING DUTIES, ALL UNLIQUIDATED ENTRIES,
REGARDLESS OF ENTRY DATE, OF MARTIN'S IMPORTED CAST IRON FULL-
FLANGED RINGS AND GAS LIDS FROM THE PRC. THESE TWO CAST IRON
COMPONENTS ARE CLASSIFIED UNDER HTUS 7325.10.0030.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE CAST IRON FULL-FLANGED RINGS AND GAS LIDS
DESCRIBED ABOVE.

5. THE ASSESSMENT OF ANTIDUMPING AND COUNTERVAILING DUTIES BY
THE BUREAU OF CUSTOMS AND BORDER PROTECTION (CBP) ON ENTRIES OF
THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF
THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAY
INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON UNDER PAYMENTS,
OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING
DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR
BONDS POSTED AS ESTIMATED ANTIDUMPING BEFORE THE DATE OF
PUBLICATION OF THE ANTIDUMPING DUTY ORDER. INTEREST SHALL BE
CALCULATED FROM THE DATE PAYMENT OF ESTIMATED ANTIDUMPING AND
COUNTERVAILING DUTIES IS REQUIRED 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. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF "LIGHT
CONSTRUCTION CASTINGS" SUBJECT TO THE ANTIDUMPING DUTY ORDER
COVERING IRON CONSTRUCTION CASTINGS FROM THE PRC.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-0984 (GENERATED BY G3O7: SMC
).
8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THE INFORMATION.

CATHY SAUCEDA