MESSAGE NO: 4209111 DATE: 07 28 1994
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 351 - 603 - -
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PERIOD COVERED: 07 28 1994 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: BRASS SHEET AND STRIP FROM BRAZIL (A-351-603)



1. ON JUNE 6, 1994, IN RESPONSE TO A REQUEST BY ELUMA
INTERNATIONAL (U.S.A.), INC. (ELUMA), THE DEPARTMENT OF
COMMERCE ISSUED A FINAL SCOPE RULING THAT ELUMA'S BRASS
CIRCLES ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY
ORDER ON BRASS SHEET AND STRIP FROM BRAZIL.

2. EFFECTIVE IMMEDIATELY, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF ELUMA'S
BRASS CIRCLES FROM BRAZIL.

3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT
OF 1930. SECTION 778 REQUIRES THAT CUSTOMS PAY INTEREST OF
OVERPAYMENTS, OR ASSEESS INTEREST ON UNDERPAYMENTS ON THE
REQUIRED 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.

ENTRY SUMMARIES ENTERED ON OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION PRIOR TO THE DATE OF ORDER, JANUARY 12, 1987, ARE
NOT SUBJECT TO THE INSTEREST PROVISIONS OF SECTION 778 OF THE
TARIFF ACT OF 1930.

4. REFUND ANY CASH DEPOSITS AND RELEASE ANY BONDS RELATING TO
ELUMA'S BRASS CIRCLES.


5. CONTINUE TO SUSPEND LIQUIDATION ON BRASS SHEET AND STRIP THAT
HAS NO EXCLUSIONARY CHARACTERISTICS AND ALL OTHER ENTRIES OF
BRASS SHEET AND STRIP SUBJECT TO THE ANTIDUMPING DUTY ORDER
ON BRASS SHEET AND STRIP FROM BRAZIL.

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 JASON R. FIELD AT (202) 482-5222 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 THE RELEASE OF THIS INFORMATION.

NANCY MCTIERNAN