MESSAGE NO: 4338210 DATE: 12 03 2004
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 805 - -
- - - -
- - - -

PERIOD COVERED: 01 01 2003 TO 12 31 2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR NEW STEEL RAIL FROM
CANADA (C-122-805)



1. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON NEW
STEEL RAIL FROM CANADA (C-122-805) FOR THE PERIOD 1/1/2003-
12/31/2003.

2. THE MERCHANDISE COVERED BY THESE INSTRUCTION IS NEW STEEL
RAIL, EXCEPT LIGHT RAIL FROM CANADA (C-122-805). THESE PRODUCTS
ARE CURRENTLY PROVIDED FOR UNDER HARMONIZED TARIFF SCHEDULE ITEM
NUMBERS: 7302.10.1020, 7302.10.1025, 7302.10.1035, 7302.10.1040,
7302.10.1045, 7302.10.1055, 7302.10.5020, AND 8548.00.0000.

3. THEREFORE, IN ACCORDANCE WITH SECTION 351.212 (c) OF THE
COMMERCE REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES AT
RATES EQUAL TO THE CASH DEPOSIT OF ESTIMATED COUNTERVAILING
DUTIES REQUIRED AT THE TIME OF ENTRY ON THE SPECIFIED SUBJECT
MERCHANDISE EXPORTED ON OR AFTER 1/1/2003 AND EXPORTED ON OR
BEFORE 12/31/2003.

4. THE RATES OF ESTIMATED COUNTERVAILING DUTIES WHICH WERE
REQUIRED TO BE DEPOSITED ARE:

ID NUMBER COMPANY NAME PERIOD RATE

C-122-805-001 ALGOMA STEEL CORP. 1/1/2003-12/31/2003 EXCLUDED

C-122-805-002 SYDNEY STEEL CORP. 1/1/2003-12/31/2003 94.57%
(SYSCO)


C-122-805-003 BERNARD RAILTRACK 1/1/2003-12/31/2003 94.57%
EXPORT, INC.

C-122-805-000 ALL OTHERS 1/1/2003-12/31/2003 94.57%

C-122-805-999 ALL OTHERS 1/1/2003-12/31/2003 94.57%

5. THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE EXPORTED ON OR BEFORE 12/31/2003 IS LIFTED. THE
SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF THE MERCHANDISE
LISTED ABOVE EXPORTED AFTER 12/31/2003 WILL CONTINUE.

6. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE U.S. CUSTOMS
AND BORDER PROTECTION (CBP) 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 COUNTERVAILING DUTIES.
THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS
POSTED AS ESTIMATED COUNTERVAILING DUTIES BEFORE THE DATE OF
PUBLICATION OF THE COUNTERVAILING DUTY ORDER. INTEREST SHALL BE
CALCULATED FROM THE ENTRY DATE OR DATE OF DEPOSIT WHICHEVER IS
LATER, OR ESTIMATED COUNTERVAILING 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.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE AT (202) 482-0984 OR
(202) 482-3577. (GENERATED BY 03:GL)

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

CATHY SAUCEDA