MESSAGE NO: 4141201 DATE: 05 20 2004
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 817 - -
- - - -
- - - -

PERIOD COVERED: 06 22 2002 TO 02 29 2004

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR SILICON METAL FROM RUSSIA
(A-462-817) FOR THE PERIOD JUNE 22, 2002 THROUGH
FEBRUARY 29, 2004.


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 NOT RECEIVED A REQUEST
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ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT RATE
IN EFFECT ON THE DATE OF ENTRY.

MERCHANDISE/CASE NUMBER/PERIOD
SILICON METAL FROM RUSSIA 06/22/2002 - 02/29/2004
(A-462-817)

LIQUIDATE ALL ENTRIES FOR ALL FIRMS.

3. THESE INSTRUCTIONS CONSTITUTE 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 SUBSEQUENT ENTRIES OF THE SUBJECT MERCHANDISE AT THE
CURRENT RATES.

4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND
BORDER PROTECTION 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 CBP
PAY INTEREST ON OVERPAYMENTS OR ASSESS INTEREST ON
UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS
ESTIMATED ANTIDUMPING DUTIES. THE INTEREST PROVISIONS
ARE NOT APPLICABLE TO CASH 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.

5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP 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, CBP 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, CBP SHOULD PRESUME
REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.

6. 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 G3O9:RK).

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


CATHY SAUCEDA