MESSAGE NO: 5170112 DATE: 06 19 1995
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 809 - -
- - - -
- - - -

PERIOD COVERED: 05 16 1995 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: SCOPE RULING ON SBTS FM JAPAN REQUESTED BY IWATSU
ELECTRIC COMPANY & IWATSU AMERICA (A-588-809-003)


1. ON MAY 16, 1995, IN RESPONSE TO A REQUEST BY IWATSU, THE
DEPARTMENT OF COMMERCE (DOC) ISSUED A SCOPE RULING THAT
IWATSU'S IX-EDVIF AND IX-8SUBS-2 CIRCUIT CARDS ARE NOT
WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING SBTS
FROM JAPAN (A-588-809-003).

2. THE DOC DETERMINED THAT IWATSU'S IX-EDVIF AND IX-8SUBS-2
CIRCUIT CARDS MEET THE DESCRIPTION OF A DUAL-USE ITEM WHICH
IS EXCLUDED FROM THE SCOPE OF THE ORDER. THEREFORE,
IWATSU'S IX-EDVIF and IX-8SUBS-2 CIRCUIT CARDS ARE NOT
WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING
SBT'S FROM JAPAN.

3. EFFECTIVE MAY 16, 1995, TERMINATE SUSPENSION AND LIQUIDATE
ALL UNLIQUIDATED ENTRIES SUMMARIES, REGARDLESS OF ENTRY
SUMMARY DATE OF IWATSU'S IX-EDVIF AND IX-8SUBS-2 CIRCUIT
CARDS LISTED ABOVE.

4. REFUND ANY CASH DEPOSITS AND RELEASE ANY BONDS RELATING TO
THE CIRCUIT CARDS LISTED ABOVE.




5. THE REFUND OF CASH DEPOSITS BY THE CUSTOMS SERVICE ON
ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES
THAT CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS
INTEREST ON UNDERPAYMENTS, 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 SBTS SUBJECT
TO THE ANTIDUMPING DUTY ORDER COVERING SBTS FROM JAPAN.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD BE FORWARDED VIA E-MAIL, THROUGH THE
APPROPRIATE SUPERVISORY CHANNELS, TECHNICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY USING THE ATTRIBUTE "HQ
OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT JOSEPH HANLEY ON 202-482-3058, OFFICE OF ANTIDUMPING
COMPLIANCE, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE.


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



NANCY MCTIERNAN