MESSAGE NO: 4207113 DATE: 07 26 1994
CATEGORY: ADA TYPE: REV
REFERENCE: REFERENCE DATE:
CASES: A - 582 - 802 A - 580 - 806
A - 583 - 808 - -
- - - -

PERIOD COVERED: 07 14 1994 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: REVOCATION OF ANTIDUMPING ORDERS & TERMINATION
OF ADMINISTRATIVE REVIEWS ON SWEATERS FROM
HONG KONG (A582-802), KOREA (A580-806), TAIWAN (A583-808)

FEDERAL REGISTER ON JULY 14, 1994, ITS NOTICE OF COURT DECISION,
REVOCATION OF ANTIDUMPING DUTY ORDERS AND TERMINATION OF
ADMINISTRATIVE REVIEWS ON SWEATERS WHOLLY OR IN CHIEF WEIGHT OF
MAN-MADE FIBER (MMF SWEATERS) FROM HONG KONG, KOREA, AND TAIWAN.

2. MMF SWEATERS ARE DEFINED AS GARMENTS FOR OUTERWEAR THAT ARE
KNITTED OR CROCHETED, IN A VARIETY OF FORMS INCLUDING JACKET,
VEST, CARDIGAN WITH BUTTON OR ZIPPER FRONT, OR PULLOVER,
USUALLY HAVING RIBBING AROUND THE NECK, BOTTOM, AND CUFFS ON
THE SLEEVES (IF ANY), ENCOMPASSING GARMENTS OF VARIOUS
LENGTHS, WHOLLY OR IN CHIEF WEIGHT OF MAN-MADE FIBER. THE
TERM "IN CHIEF WEIGHT OF MAN-MADE FIBER" INCLUDES SWEATERS
WHERE THE MAN-MADE FIBER MATERIAL PREDOMINATES BY WEIGHT OVER
EACH OTHER SINGLE TEXTILE MATERIAL. THIS TERM EXCLUDES
SWEATERS 23 PERCENT OR MORE BY WEIGHT OF WOOL. IT INCLUDES
MEN'S, WOMEN'S, BOYS', OR GIRLS' SWEATERS, AS DEFINED ABOVE,
BUT DOES NOT INCLUDE SWEATERS FOR INFANTS 24 MONTHS OF AGE OR
YOUNGER. IT INCLUDES ALL SWEATERS AS DEFINED ABOVE,
REGARDLESS OF THE NUMBER OF STITCHES PER CENTIMETER, PROVIDED
THAT, WITH REGARD TO SWEATERS HAVING MORE THAN NINE STITCHES
PER TWO LINEAR CENTIMETERS HORIZONTALLY, IT INCLUDES ONLY
THOSE WITH A KNIT-ON RIB AT THE BOTTOM.

GARMENTS WHICH EXTEND BELOW MID-THIGH OR CARDIGANS THAT
CONTAIN A SHERPA LINING OR HEAVY-WEIGHT FIBERFILL LINING,
INCLUDING QUILTED LININGS, USED TO PROVIDE EXTRA WARMTH TO
THE WEARER, ARE NOT CONSIDERED SWEATERS AND ARE EXCLUDED FROM
THE SCOPE OF THE ORDER. ALSO SPECIFICALLY EXCLUDED FROM THE
SCOPE ARE SWEATERS ASSEMBLED IN GUAM THAT ARE PRODUCED FROM
KNIT-TO-SHAPE COMPONENT PARTS KNIT IN AND IMPORTED FROM HONG
KONG, KOREA AND TAIWAN, AND ENTERING UNDER HARMONIZED TARIFF
SCHEDULE (HTS) ITEM NUMBER 9902.61.

3. THE SUBJECT MERCHANDISE IS CURRENTLY CLASSIFIABLE UNDER HTS
ITEM NUMBERS 6110.30.30.10, 6110.30.30.15, 6110.30.30.20,
6110.30.30.25, 6103.23.00.70, 6103.29.10.40, 6103.29.20.62,
6104.23.00.40, 6104.29.10.60, 6104.29.20.60, 6110.30.10.10,
6110.30.10.20, 6110.30.20.10, AND 6110.30.20.20. THIS
MERCHANDISE MAY ALSO ENTER UNDER HTS ITEM NUMBERS
6110.30.30.50 AND 6110.30.30.55. THE HTS ITEM NUMBERS ARE
PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES. OUR WRITTEN
DESCRIPTION IS DISPOSITIVE.

4. ON AUGUST 11, 1993, THE UNITED STATES COURT OF INTERNATIONAL
TRADE (CIT) AFFIRMED THE INTERNATIONAL TRADE COMMISSION'S
(ITC) AMENDED DETERMINATION ON REMAND THAT THERE IS NO
MATERIAL INJURY TO THE U.S. INDUSTRY. THE CIT DECISION WAS
APPEALED.

5. ON JULY 6, 1994, THE CIT DECISION WAS AFFIRMED BY THE COURT
OF APPEALS FOR THE FEDERAL CIRCUIT (CAFC). ON THE SAME DATE,
THE ITC NOTIFIED THE DEPARTMENT OF THE FINAL COURT DECISION
AFFIRMING ITS NEGATIVE REMAND DETERMINATION.

6. AS A RESULT OF THE ITC NOTIFICATION THAT THERE IS NO MATERIAL
INJURY TO THE U.S. INDUSTRY OF THE SUBJECT MERCHANDISE, THE
DEPARTMENT HAS REVOKED THE ANTIDUMPING DUTY ORDERS ON MMF
SWEATERS FROM HONG KONG, TAIWAN, AND KOREA, EFFECTIVE APRIL
27, 1990.

7. CUSTOMS SHOULD TERMINATE THE SUSPENSION OF LIQUIDATION ON MMF
SWEATERS FROM HONG KONG, KOREA, AND TAIWAN, AND PROCEED WITH
LIQUIDATION OF ENTRIES OF THE SUBJECT MERCHANDISE WHICH
ENTERED THE UNITED STATES, OR WERE WITHDRAWN FROM WAREHOUSE
FOR CONSUMPTION, ON OR AFTER APRIL 27, 1990, WITHOUT REGARD
TO ANTIDUMPING DUTIES.

8. CUSTOMS SHOULD ALSO RELEASE ALL BONDS POSTED AND REFUND ALL
CASH DEPOSITS, WITH INTEREST, ON ENTRIES OF MMF SWEATERS
WHICH ENTERED THE UNITED STATES, OR WERE WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION ON OR AFTER APRIL 27, 1990.
CALCULATE THE INTEREST PAYABLE FROM THE DATE OF ENTRY THROUGH
THE DATE OF LIQUIDATION, USING THE RATE IN EFFECT UNDER
SECTION 6621 OF THE INTERNAL REVENUE CODE FOR SUCH PERIOD.


9. 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
INTERESTED PARTIES SHOULD CONTACT LEON MCNEILL OF THE OFFICE
OF ANTIDUMPING COMPLIANCE, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE AT (202) 482-4733.

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


NANCY MCTIERNAN