MESSAGE NO: 4102112 DATE: 04 12 1994
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 501 - -
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PERIOD COVERED: 03 25 1994 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: SCOPE RULING ON NATURAL BRISTLE PAINT BRUSHED FROM THE
PRC (A-570-501)


1. ON MARCH 25, 1994, IN RESPONSE TO A REQUEST BY THE STANLEY
WORKS, THE DEPARTMENT OF COMMERCE ISSUED A FINAL SCOPE
RULING THAT PAINT BRUSHES WITH A BLEND OF 40 PERCENT NATURAL
BRISTLES AND 60 PERCENT SYNTHETIC FILAMENTS FROM THE PRC ARE
NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER ON
NATURAL BRISTLE PAINT BRUSHES.

2. BASED ON AN ANALYSIS OF THE DEPARTMENT'S AND INTERNATIONAL
TRADE COMMISSION'S DETERMINATIONS, THE ORIGINAL
LESS-THAN-FAIR-VALUE INVESTIGATION AND THE PETITION, THE
DEPARTMENT OF COMMERCE DETERMINED THAT THE ABOVE-REFERENCED
PAINT BRUSHES ARE EXCLUDED FROM THE SCOPE OF THE ANTIDUMPING
DUTY ORDER COVERING NATURAL BRISTLE PAINT BRUSHES FROM THE
PRC.

3. EFFECTIVE IMMEDIATELY, TERMINATE SUSPENSION AND LIQUIDATE
ALL UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF THE
PAINT BRUSHES WITH A BLEND OF 40 PERCENT NATURAL BRISTLES
AND 60 PERCENT SYNTHETIC FILAMENTS FROM THE PRC.

THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF
ACT OF 1930, WHICH REQUIRE INTEREST TO BE CALCULATED ON THE
DIFFERENCE BETWEEN THE AMOUNTS DEPOSITED AS THE ESTIMATED
ANTIDUMPING DUTIES AND THE FINAL DUTIES ASSESSED. INTEREST
SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF ESTIMATED
ANTIDUMPING DUTIES THROUGH THE DATE OF LIQUIDATION. THE
RATE OF THE INTEREST IS THE ONE IN EFFECT UNDER SECTION 6621
OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.




4. REFUND ANY CASH DEPOSITS AND RELEASE ANY BONDS RELATING TO
PAINT BRUSHES WITH A BLEND OF 40 PERCENT NATURAL BRISTLES
AND 60 PERCENT SYNTHETIC FILAMENTS FROM THE PRC.

5. WHERE THE DEPARTMENT HAS NOT INSTRUCTED OTHERWISE, CONTINUE
TO SUSPEND LIQUIDATION ON ALL OTHER ENTRIES OF PAINT BRUSHES
FROM THE PRC.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE REGIONAL
ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR, THE TRADE
COMPLIANCE DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH,
USING ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT KIMBERLEY HUFFMAN AT (202)
482-0780 OR WENDY J. FRANKEL AT (202) 482-5253, OF THE
OFFICE OF ANTIDUMPING COMPLIANCE, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

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

NANCY MCTIERNAN