MESSAGE NO: 5035211 DATE: 02 04 2005
CATEGORY: ADA TYPE: LIQ
REFERENCE: 2161210 REFERENCE DATE: 06 10 2002
CASES: A - 583 - 816 - -
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PERIOD COVERED: 08 03 2004 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: ANTIDUMPING SCOPE RULING AND LIQ INST. FOR STAINLESS
STEEL BUTT-WELD TUBE FITTINGS FROM TAIWAN MANUFACTURED
BY KING LAI INTERNATIONAL CO., LTD. (A-583-816)



1. ON MARCH 4, 2002, THE COURT OF INTERNATIONAL TRADE (CIT)
ENJOINED THE DEPARTMENT OF COMMERCE FROM LIQUIDATING CERTAIN
ENTRIES OF STAINLESS STEEL BUTT-WELD TUBE FITTINGS FROM TAIWAN
MANUFACTURED OR EXPORTED BY KING LAI INTERNATIONAL CO., LTD. AND
IMPORTED BY ALLEGHENY BRADFORD CORPORATION, D/B/A TOP LINE
PROCESS EQUIPMENT COMPANY (ALLEGHENY). SEE MESSAGE NUMBER
2161210 DATED JUNE 10, 2002.

2. ON JUNE 4, 2004, THE CIT ISSUED A RULING THAT CERTAIN
STAINLESS STEEL BUTT-WELD TUBE FITTINGS FROM TAIWAN, MANUFACTURED
OR EXPORTED BY KING LAI INTERNATIONAL CO., LTD. AND IMPORTED BY
ALLEGHENY, ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER
COVERING STAINLESS STEEL BUTT-WELD PIPE FITTINGS FROM TAIWAN (A-
583-816) BECAUSE THE FINISHED ENDS ARE SQUARE CUT, NOT BEVELED.
SEE ALLEGHENY BRADFORD CORPORATION, D/B/A TOP LINE PROCESS
EQUIPMENT COMPANY, V. UNITED STATES, 342 F. SUPP. 2d 1172 (CIT
2004).

3. EFFECTIVE AUGUST 3, 2004, THE INJUNCTION ENJOINING LIQUIDATION
OF THE SUBJECT ENTRIES HAS BEEN LIFTED. ACCORDINGLY, EFFECTIVE
AUGUST 3, 2004, TERMINATE SUSPENSION AND LIQUIDATE WITHOUT REGARD
TO ANTIDUMPING DUTIES ALL UNLIQUIDATED ENTRIES, REGARDLESS OF
ENTRY DATE, OF STAINLESS STEEL BUTT-WELD TUBE FITTINGS FROM
TAIWAN MANUFACTURED OR EXPORTED BY KING LAI INTERNATIONAL CO.,
LTD., AND IMPORTED BY ALLEGHENY, HAVING FINISHED SQUARE CUT ENDS,
NOT BEVELED.


4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE STAINLESS STEEL BUTT-WELD TUBE FITTINGS FROM
TAIWAN MANUFACTURED OR EXPORTED BY KING LAI INTERNATIONAL CO.,
LTD., AND IMPORTED BY ALLEGHENY, HAVING FINISHED SQUARE CUT ENDS,
NOT BEVELED.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY U.S. CUSTOMS AND
BORDER PROTECTION (CBP) ON 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 UNDER PAYMENTS, OF THE REQUIRED AMOUNTS
DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS
ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF
THE ANTIDUMPING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM
THE DATE PAYMENT OF ESTIMATED ANTIDUMPING DUTIES IS REQUIRED
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.

6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF STAINLESS STEEL
BUTT-WELD PIPE FITTINGS SUBJECT TO THE ANTIDUMPING DUTY ORDER
COVERING STAINLESS STEEL BUTT-WELD PIPE FITTINGS FROM TAIWAN.

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 OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR
(202) 482-3577 RESPECTIVELY (GENERATED BY O7:HMK).

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

CATHY SAUCEDA