• Period Covered: 09/01/1992 to 08/31/1993

MESSAGE NO: 4131111 DATE: 05 11 1994
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 357 - 804 A - 122 - 057
A - 122 - 006 A - 122 - 804
A - 428 - 604 A - 570 - 101

PERIOD COVERED: 09 01 1992 TO 08 31 1993

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: NON ADMINISTIVE REVIEW LIQUIDATION INSTRUCTION FOR THE
PERIOD 09-01-92 THROUGH 08-31-93.


1. THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY CONDUCTS
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY FINDINGS/ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION
353.22OF THE COMMERCE REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY FINDING
ORDER FOR CERTAIN PERIODS ON THE MERCHANDISE LISTED BELOW, EXCEPT
FOR THE FIRMS NOTED. THEREFORE, IN ACCORDANCE WITH SECTION
353.22(e) OF THE COMMERCE REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING
DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIODS LISTED BELOW AT THE CASH DEPOSIT OR
BONDING RATE REQUIRED AT THE TIME OF ENTRY.

SILICON METAL FROM ARGENTINA
PERIOD

A-357-804

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
9/1/92 - 8/31/93

ELECTROMETALURGICA ANDINA
SILARSA S.A.

REPLACEMENT PARTS FOR SELF-PROPELLED PERIOD
BITUMINOUS PAVING EQUIPMENT FROM CANADA

A-122-057

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 9/1/92 - 8/31/93

ROAD MACHINERY DIVISION OF INGERSOLL-RAND

STEEL JACKS FROM CANADA PERIOD

A-122-006

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 9/1/92 - 8/31/93

STEEL RAIL FROM CANADA PERIOD

A-122-804

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 9/1/92 - 8/31/93

CRANKSHAFTS FROM GERMANY
PERIOD

A-428-604

LIQUIDATE ALL ENTRIES FOR ALL FIRMS
9/1/92 - 8/31/93
PRINTCLOTH FROM THE PRC PERIOD

A-570-101

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 9/1/92 - 8/31/93

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 MANUFACTURER/PRODUCER/
EXPORTER COMBINATIONS. UNLESS NOTED OTHERWISE, ASSUME THE EXCEPTED
FIRMS ARE MANUFACTURERS/PRODUCERS.

4. FOR LISTED MANUFACTURERS/PRODUCERS, LIQUIDATION IS TO BE
SUSPENDED ON ALL ENTRIES OF MERCHANDISE PRODUCED BY THOSE FIRMS
REGARDLESS OF EXPORTER. CUSTOMS MUST ASCERTAIN MANUFACTURERS/
PRODUCERS OF ALL ENTRIES OF THIS MERCHANDISE. IF THE LISTED FIRM IS
SPECIFICALLY IDENTIFIED AS AN EXPORTER, SUSPEND ALL ENTRIES THAT IN
ANY WAY INVOLVES THIS EXPORTER. IF THE EXCEPTED FIRM IS A
MANUFACTURER/PRODUCER/EXPORTER COMBINATION THE SUSPENSION
INSTRUCTIONS APPLY ONLY TO ENTRIES THAT INVOLVE THIS COMBINATION OF
FIRMS.

5. THIS TELEX CONSTITUTES THE IMMEDIATE LIFTING OF SUSPENSION OF
LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIODS LISTED ABOVE.
YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING
DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.

6. WHENEVER THE USE OF THESE INSTRUCTIONS RESULTS IN THE ASSESSMENT
OF DUMPING DUTIES YOU SHOULD REQUIRE OF THE IMPORTER PRIOR TO
LIQUIDATION THE REIMBURSEMENT STATEMENT DESCRIBED IN SECTION 353.26
OF THE COMMERCE DEPARTMENT REGULATIONS. IF THE IMPORTER HAS BEEN
REIMBURSED ANTIDUMPING DUTIES OR FAILS TO RESPOND TO YOUR FORMAL
REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES DUE IN
ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION.

7. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE ON
ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION
778 OF THE TARIFF ACT OF 1930, WHICH REQUIRE INTEREST ON
OVERPAYMENTS OR UNDERPAYMENTS OF THE AMOUNTS DEPOSITED AS ESTIMATED
ANTIDUMPING DUTIES. 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.

8. 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 THE ANALYST IN CHARGE OF THE CASE ON
(202) 482-5253, OFFICE OF ANTIDUMPING COMPLIANCE, INTERNATIONAL
TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

9. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS TELEX.

NANCY MCTIERNAN