• Period Covered: 05/16/1992 to 12/31/1994

MESSAGE NO: 5192112 DATE: 07 11 1995
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 333 - 402 - -
- - - -
- - - -

PERIOD COVERED: 05 16 1992 TO 12 31 1994

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: SCOPE CLARIFICATION AND LIQUIDATION INSTRUCTIONS ON
CERTAIN TEXTILE MILL PRODUCTS FROM PERU (C-333-402)


1. ON MAY 1, 1995, THE DEPARTMENT OF COMMERCE PUBLISHED A NOTICE
IN THE FEDERAL REGISTER THAT IDENTIFIED THOSE HARMONIZED
TARIFF SCHEDULE (HTS) ITEM NUMBERS THAT MOST REASONABLY
CORRESPOND TO THE SCOPE OF THE COUNTERVAILING DUTY ORDER ON
CERTAIN TEXTILE MILL PRODUCTS FROM PERU (C-333-402-000) AS IT
WAS ORIGINALLY DEFINED BY THE TARIFF SCHEDULE OF THE UNITED
STATES ITEM NUMBERS.

2. THE AMENDED HTS SCOPE OF THE ORDER IS DEFINED AS FOLLOWS:

5106.1000* 5106.2000* 5107.1000* 5107.2000* 5108.1060*
5108.2060* 5109.1060 5109.9060 5111.1120 5111.1130
5111.1170 5111.1910 5111.1960 5111.2005 5111.2010
5111.2090 5111.3005 5111.3010 5111.3090 5111.9040
5111.9050 5111.9090 5112.1110 5112.1120 5112.1920
5112.1990 5112.2010 5112.2020 5112.2030 5112.3010
5112.3020 5112.3030 5112.9040 5112.9050 5112.9090
5204.1100 5204.1900 5204.2000 5207.1000 5207.9000
5208.1140 5208.1180 5208.1260 5208.1280 5208.1300
5208.1920+ 5208.1940 5208.1960 5208.1980 5208.2120
5208.2140 5208.2160 5208.2240 5208.2260 5208.2280
5208.2940 5208.2960 5208.2980 5209.1100 5209.1200
5209.2100 5210.1140 5210.1160 5210.1200 5210.1920
5210.1940 5210.1960 5210.2160 5210.2940 5210.2960
5211.1100 5211.1900 5211.2100 5211.2900 5406.1000
5406.2000 5407.7100" 5407.7200" 5407.7320" 5407.7400"
5511.1000 5511.2000 5511.3000 5513.4100 5702.3110
5702.3120 5702.4110 5702.4120 5702.5120 5702.5140
5702.9130 5702.9140 5703.1000 5801.1000 5801.3300
5801.3400 5801.3500 5810.9910 6002.4200 6301.2000
6302.2150++ 6302.3150++ 6302.5130 6304.9915 6306.1100
6306.2100 6306.9100


*COVERAGE LIMITED TO SINGLE OR MULTIPLE (FOLDED) OR CABLED
YARN, NOT EXCEEDING 22 NM PER SINGLE YARN.

+COVERAGE LIMITED TO FABRIC, NOT WHOLLY OF SATIN WEAVE.

"COVERAGE LIMITED TO FABRIC, NOT CONTAINING 85 PERCENT OR
MORE BY WEIGHT OF POLYESTER FILAMENTS

++COVERAGE LIMITED TO PILLOWCASES, OTHER THAN BOLSTER CASES.

3. THEREFORE, ALL SHIPMENTS OF MERCHANDISE NOT COVERED BY THE
IDENTIFIED HTS ITEM NUMBERS ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 18, 1992, SHOULD
BE LIQUIDATED WITHOUT REGARD TO COUNTERVAILING DUTIES.
CUSTOMS SHOULD SUSPEND LIQUIDATION ONLY ON MERCHANDISE
ENTERING UNDER THE IDENTIFIED HTS ITEM NUMBERS AND
DISCONTINUE SUSPENSION OF LIQUIDATION FOR MERCHANDISE
ENTERING UNDER HTS ITEM NUMBERS SPECIFICALLY NOT IDENTIFIED.

4. ADDITIONALLY, ALL MERCHANDISE COVERED BY THE IDENTIFIED HTS
ITEM NUMBERS THAT WAS ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION ON OR AFTER MAY 16, 1992, AND EXPORTED ON OR
BEFORE DECEMBER 31, 1994 SHOULD BE LIQUIDATED AT THE RATE OF
2.88 PERCENT OF THE ENTERED VALUE FOR ALL COMPANIES.

5. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CUSTOMS
SERVICE ON ENTRIES OF THIS MERCHANISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION
778 REQUIRES THAT INTEREST BE PAID ON OVERPAYMENTS OR ASSSESS
INTEREST ON UNDERPAYMENTS, OF AMOUNTS DEPOSITED AS
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 DATE PAYMENT OF ESTIMATED COUNTERVAILING 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. THE SUSPENSION OF LIQUIDATION ORDERED FOR MERCHANDISE ENTERED
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
MAY 18, 1992 AND EXPORTED ON OR BEFORE DECEMBER 31, 1994, IS
LIFTED. SUSPENSION OF LIQUIDATION FOR ALL ENTRIES OF SUBJECT
MERCHANDISE EXPORTED ON OR AFTER JANUARY 1, 1995, WILL
CONTINUE.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA EMAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, TECHNICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY USING "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