MESSAGE NO: 4291111 DATE: 10 18 1993
CATEGORY: ADA TYPE: LIQ
REFERENCE: 2247111 REFERENCE DATE: 09 03 1992
CASES: A - 508 - 604 - -
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PERIOD COVERED: 08 01 1989 TO 07 31 1990

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: LIQUIDATION INSTRUCTIONS FOR PHOSPHORIC ACID FROM
ISRAEL FOR NEGEV ONLY- NO DUMPING DUTIES DUE


1. PURSUANT TO AN ORDER OF THE COURT OF INTERNATIONAL TRADE, THE
COURT OF APPEALS FOR THE FEDERAL CIRCUIT'S PERMANENT ORDER
DATED JULY 14, 1992, AND FORWARDED TO U.S. CUSTOMS ON JULY
22, 1992, ENJOINING LIQUIDATION OF ANY ENTRIES OF PHOSPHATES,
LTD. ("NEGEV") (A-508-604-001) FOR THE PERIOD AUGUST 1, 1989
THROUGH JULY 31, 1990 AS WELL AS ALL ENTRIES ENTERED AFTER
THAT PERIOD BY NEGEV FROM ISRAEL IS NOW LIFTED. UNTIL
FURTHER NOTICE CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES BY
ROTEM FERTILIZERS, LTD. (ROTEM) (A-508-604-003).

2. BECAUSE OF THIS ORDER ALL SHIPMENTS OF INDUSTRIAL PHOSPHORIC
ACID FROM ISRAEL MANUFACTURED BY NEGEV (A-508-604-001), WHICH
WERE ENTERED DURING THE PERIOD AUGUST 1, 1989 THROUGH JULY
31, 1990, OR AFTER JULY 31, 1990 SHOULD BE LIQUIDATED WITHOUT
REGARD TO DUMPING DUTIES. THEREFORE YOU MAY NOW DISREGARD
INSTRUCTIONS #2247111 DATED SEPTEMBER 3, 1992 FOR NEGEV YOU
MAY APPRAISE THESE SHIPMENTS AND LIQUIDATE WITHOUT REGARD TO
DUMPING DUTIES. YOU MAY APPRAISE THESE SHIPMENTS AND
LIQUIDATE THE APPLICABLE ENTRIES BY STAMPING EACH INVOICE
WITH THE WORDING "NO DUMPING DUTIES DUE". CONTINUE TO
SUSPEND SHIPMENTS FOR ROTEM.


3. IN ACCORDANCE WITH C.I.E. N-15/18 DATED APRIL 21, 1988,
REPORT TO CUSTOMS SERVICE HEADQUARTERS ANY DUMPING DUTIES
DUE. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS
SERVICE IS SUBJECT TO THE PROVISION OF SECTION 778 OF THE
TARIFF ACT WHICH REQUIRES INTEREST ON OVERPAYMENTS OR
UNDERPAYMENTS OF THE AMOUNTS DEPOSITED AS ESTIMATED DUMPING
DUTIES. 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. INTEREST SHALL BE CALCULATED
FROM THE DATE OF PAYMENT OF ESTIMATED DUTIES THROUGH THE DATE
OF LIQUIDATION.

4. IMMEDIATELY, FORWARD TO CUSTOMS SERVICE HEADQUARTERS ANY
INFORMATION ON FILE WHICH MIGHT AFFECT THE APPRAISED VALUES
UNDER THE ANTIDUMPING PROVISIONS, WITH AN EXPLANATION OF THE
CIRCUMSTANCES UNDER WHICH IT WAS RECEIVED. IN SUCH A CASE
SUSPEND LIQUIDATION OF AFFECTED ENTRIES UNTIL A DECISION IS
MADE CONCERNING THE APPLICABLITIY OF THE ADDITIONAL
INFORMATION.

5. YOU MAY RELEASE APPRAISED VALUES TO THE INDIVIDUAL IMPORTER
CONCERNED OR HIS AUTHORIZED REPRESENTATIVE. YOU MAY NOT
RELEASE ANY DETAILS OF THE CALCULATIONS OF APPRAISED VALUES
WITHOUT AUTHORIZATION OF CUSTOMS SERVICE HEADQUARTERS.

6. EFFECTIVE AS OF THE DATE OF ISSUANCE OF THIS MASTER LIST, YOU
SHOULD NO LONGER SUSPEND LIQUIDATION OF ENTRIES BY NEGEV AND
YOU SHOULD PROCEED WITH LIQUIDATION ACCORDINGLY.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE AD/CVD BRANCH VIA E-MAIL
ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT THE OFFICE OF
COUNTERVAILING COMPLIANCE, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE
(202) 482-2786.

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



NANCY MCTIERNAN