MESSAGE NO: 5207112 DATE: 07 26 1995
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 423 - 077 A - 122 - 506
A - 122 - 401 A - 427 - 030
A - 427 - 078 A - 428 - 061

PERIOD COVERED: 06 01 1991 TO 05 31 1992

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: NON ADMINISTRATIVE REVIEW LIQUIDATION INSTRUCTIONS



1. THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY CONDUCTS
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY FINDINGS/ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 353.22
OF THE COMMERCE REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY FINDING/ORDER FOR
CERTAIN PERIODS ON THE MERCHANDISE LISTED BELOW, EXCEPT FOR THE
FIRMS NOTED. THEREFORE, IN ACCORDANCE WITH SECTION 353.22(e) OF THE
COMMERCE REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
DURING THE PERIODS LISTED BELOW AT THE CASH DEPOSIT OR BONDING RATE
REQUIRED AT THE TIME OF ENTRY.

SUGAR FROM BELGIUM PERIOD

A-423-077

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 6/1/91 - 5/31/92

OIL COUNTRY TUBULAR GOODS FROM CANADA PERIOD

A-122-506

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 6/1/91 - 5/31/92

RED RASPBERRIES FROM CANADA PERIOD

A-122-401

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 6/1/91 - 5/31/92
EXCEPT

CLEARBROOK PACKERS, INC.
BRITISH COLUMBIA BLUEBERRY CO-OPERATIVE ASSN.
UNIVERSAL PACKERS
MUKHTIAR AND SONS PACKERS, LTD.
VALLEY BERRIES

LARGE POWER TRANSFORMERS FROM FRANCE PERIOD

A-427-030

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 6/1/91 - 5/31/92

JEUMONT-SCHNEIDER

SUGAR FROM FRANCE PERIOD

A-427-078

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 6/1/91 - 5/31/92

BARIUM CARBONATE FROM GERMANY PERIOD

A-428-061

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 6/1/91 - 5/31/92

3. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE LIQUIDATED
UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE COMPLETION OF THE
ADMINISTRATIVE REVIEW, CONTINUE TO SUSPEND LIQUIDATION OF ALL
ENTRIES OF MERCHANDISE EXPORTED OR PRODUCED BY THE LISTED FIRMS AND
ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THIS
PERIOD.

4. THIS TELEX CONSTITUTES THE IMMEDIATE LIFTING OF SUSPENSION OF
LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIODS LISTED ABOVE.
YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING
DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.

5. UPON ASSESSMENT OF ANTIUDMPING DUTIES, CUSTOMS SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN
SECTION 353.26 OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER
SHOULD PROVIDE THE REIMBURSEMT STATEMENT PRIOR TO LIQUIATION OF THE
ENTRY SUMMARY. IF THE IMPORTER HAS BEEN REIMBURSED ANTIDUMPING
DUTIES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES ACCORDANCE WITH
THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER
FAILS TO RESPOND TO YOUR FORMAL REQUEST (VIA 28 OR 29) FOR THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATIONS, CUSTOMS SHOULD
PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES IN
ACCORDANCE WITH THE ABOVE REFERENCED REGULATION.

6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE ON
ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION778 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 PRIOR TO THE DATE OF THE ANTIDUMPING DUTY ORDER.
THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED
AS ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF
THE ANTIDUMPINGDUTY 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 RATEIN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF
1954 FOR SUCH PERIOD.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, TECHNICAL PROGRAMS, ANTIDUMPING/COUNTERVAILING
DUTY, USING ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT THE ANALYST IN CHARGE OF THE CASE
ON (202) 482-5253, OFFICE OF ANTIDUMPING COMPLIANCE, INTERNATIONAL
TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

8. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS TELEX.


NANCY MCTIERNAN