MESSAGE NO: 4186113 DATE: 07 05 1994
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 210 - -
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PERIOD COVERED: 06 06 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 PECTS FROM JAPAN FOR MAKITA CORPORATION
AND MAKITA USA (A-588-014)


1. ON JUNE 6, 1994, IN RESPONSE TO A REQUEST BY MAKITA
CORPORATION AND MAKITA U.S.A., THE DEPARTMENT OF COMMERCE
ISSUED A FINAL SCOPE RULING THAT MAKITA PLANER MODEL 1912B
IS NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER ON
PROFESSIONAL ELECTRIC CUTTING TOOLS (PECTS) FROM JAPAN.

2. EFFECTIVE IMMEDIATELY, TERMINATE SUSPENSION AND LIQUIDATE
ALL UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF THE
MAKITA PLANER MODEL 1912B FROM JAPAN.

3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS
SERVICE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE
TARIFF ACT OF 1930, AS AMENDED. SECTION 778 REQUIRES THAT
CUSTOMS 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 BONDS POSTED 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.

4. REFUND ANY CASH DEPOSITS AND RELEASE ANY BONDS RELATING TO
THE MAKITA PLANER MODEL 1912B.


5. CONTINUE TO SUSPEND LIQUIDATION ON PECTS THAT HAVE NO
EXCLUSIONARY CHARACTERISTICS AND ALL OTHER ENTRIES OF
PECTS SUBJECT TO THE ANTIDUMPING DUTY ORDER ON PECTS FROM
JAPAN.

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." OTHER INTERESTED
PARTIES SHOULD CONTACT DAVID L. GUGLIELMI AT (202)
482-2704 OR WENDY J. FRANKEL (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