• Period Covered: 01/01/1990 to 12/31/1992

MESSAGE NO: 6068112 DATE: 03 08 1996
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 201 - 003 - -
- - - -
- - - -

PERIOD COVERED: 01 01 1990 TO 12 31 1992

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: LIQUIDATION INSTRUCTIONS FOR CERAMIC TILE FROM MEXICO
(C-201-003)


1. THE DEPARTMENT OF COMMERCE HAS PUBLISHED IN THE FEDERAL
REGISTER OF JUNE 8, 1992, THE FINAL RESULTS OF ITS ADMINISTRATIVE
REVIEW OF THE COUNTERVAILING DUTY ORDER ON CERAMIC TILE FROM
MEXICO (C-201-003) FOR THE PERIOD JANUARY 1, 1990 THROUGH
DECEMBER 31, 1990. LIQUIDATION INSTRUCTIONS FOR ALL COMPANIES
EXCEPT CERAMICA REGIOMONTANA, S.A., (C-201-003-056) WERE COVERED
IN OUR EARLIER MESSAGE #2233114 DATED AUGUST 20, 1992.

2. THE DEPARTMENT OF COMMERCE HAS ALSO PUBLISHED IN THE FEDERAL
REGISTER OF APRIL 14, 1995, THE FINAL RESULTS OF ITS
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER (C-201-
003) ON CERAMIC TILE FROM MEXICO FOR THE PERIOD JANUARY 1, 1992
THROUGH DECEMBER 31, 1992.

3. ON FEBRUARY 21, 1996, THE DEPARTMENT OF COMMERCE ANNOUNCED AN
AMENDMENT TO THE REVOCATION OF THE COUNTERVAILING DUTY ORDER ON
CERAMIC TILE FROM MEXICO (C-201-003) IN ACCORDANCE WITH THE COURT
OF APPEALS FOR THE FEDERAL CIRCUIT'S (THE CAFC'S), DECISION IN
CERAMICA REGIOMONTANA, S.A. V. UNITED STATES, CT. NO. 95-1026,
(SEPTEMBER 6, 1995).
PURSUANT TO THAT DECISION, THE DEPARTMENT OF COMMERCE
INSTRUCTED THE UNITED STATES CUSTOMS SERVICE, IN OUR
EARLIER MESSAGE #6044118 DATED FEBRUARY 13, 1996, TO LIQUIDATE
ALL OUTSTANDING ENTRIES OF CERAMIC TILE FROM MEXICO MANUFACTURED
BY CERAMICA REGIOMONTANA, S.A., (C-201-003-056), CERAMICAS Y
PISOS INDUSTRIALES DE CULIACAN, S.A. DE C.V., (C-201-003-055),
AND INDUSTRIAS INTERCONTINENTAL, S.A., (C-201-003-057) EXPORTED
ON OR AFTER JANUARY 1, 1986 AND ON OR BEFORE DECEMBER 31, 1986.

4. PURSUANT TO THE SAME DECISION AND IN ACCORDANCE WITH THE
MARCH 1, 1996 ORDERS OF THE UNITED STATES COURT OF INTERNATIONAL
TRADE (CIT), THE EARLIER MESSAGE #2233114 DATED AUGUST 20, 1992,
STAYING THE LIQUIDATION OF ANY ENTRIES OF CERAMIC TILE FROM
CERAMICA REGIOMONTANA, S.A., (C-201-003-056) EXPORTED ON OR AFTER
JANUARY 1, 1990 AND ON OR BEFORE DECEMBER 31, 1990, IS NOW
LIFTED. ACCORDINGLY, YOU ARE INSTRUCTED TO LIQUIDATE ALL ENTRIES
OF CERAMIC TILE FROM MEXICO MADE BY CERAMICA REGIOMONTANA, S.A.,
(C-291-003-056) EXPORTED ON OR AFTER JANUARY 1, 1990 AND ON OR
BEFORE DECEMBER 31, 1990 AND ASSESS COUNTERVAILING DUTIES AT ZERO
PERCENT.

5. IN ADDITION, YOU ARE INSTRUCTED TO LIQUIDATE ALL ENTRIES OF
CERAMIC TILE FROM MEXICO EXPORTED ON OR AFTER JANUARY 1, 1992 AND
ON OR BEFORE DECEMBER 31, 1992 AND ASSESS COUNTERVAILING DUTIES
AT ZERO PERCENT.

6. IMPORTS COVERED BY THE ORDER WERE SHIPMENTS OF MEXICAN
CERAMIC TILE, INCLUDING NON-MOSAIC, GLAZED, AND UNGLAZED CERAMIC
FLOOR AND WALL TILE. DURING THE REVIEW PERIOD, SUCH MERCHANDISE
WAS CLASSIFIABLE UNDER THE HARMONIZED TARIFF SCHEDULE ITEM
NUMBERS 6907.10.0000, 6907.90.0000, 6908.10.0000, AND
6908.90.0000.

7. THE ASSESSMENT OF COUNTERVAILING DUTIES 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 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 OF 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.

8. 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 GAYLE LONGEST AT (202) 482-2786, OFFICE OF
COUNTERVAILING COMPLIANCE, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE.

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

NANCY MCTIERNAN