MESSAGE NO: 6233206 DATE: 08 21 2006
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 351 - 824 - -
- - - -
- - - -

PERIOD COVERED: 12 01 2004 TO 11 30 2005

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: RESCISSION OF ADMIN REV OF AD ORDER ON SILICOMANGANESE
FROM BRAZIL PROD'D BY RIO DOCE MANGANES, CO. PAULISTA
DE FERRO-LIGAS, URUCUM MINERACAO (A-351-824-001/002)

1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
SILICOMANGANESE FROM BRAZIL (A-351-824-001 AND -002), COVERING
THE PERIOD 12/01/2004 THROUGH 11/30/2005, HAS BEEN RESCINDED
BECAUSE RIO DOCE MANGANES S.A., COMPANHIA PAULISTA DE FERRO-
LIGAS, AND URUCUM MINERACAO S.A. REPORTED THAT THEY HAD NO
SHIPMENTS OF SUBJECT MERCHANDISE DURING THIS PERIOD.

2. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT
REGULATION ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS OF
SILICOMANGANESE FROM BRAZIL PRODUCED BY COMPANHIA PAULISTA DE
FERRO-LIGAS (A-351-824-001), OR RIO DOCE MANGANES S.A.,OR URUCUM
MINERACAO S.A. (A-351-824-002), ENTERED OR WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 12/01/2004 THROUGH
11/30/2005, ENTERED UNDER CASE NUMBER A-351-824-001 OR
A-351-824-002, AND EXPORTED BY FIRMS OTHER THAN RIO DOCE
MANGANES S.A., COMPANHIA PAULISTA DE FERRO-LIGAS, OR URUCUM
MINERACAO S.A., ASSESS ANTIDUMPING DUTIES AT THE ALL-OTHERS
RATE IN EFFECT ON THE DATE OF ENTRY. SEE SPECIAL INSTRUCTIONS
IN MODULE FOR A-351-824-002. THE ALL-OTHERS RATE FOR
SILICOMANGANESE FROM BRAZIL IS 17.60 PERCENT.

3. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF THE MERCHANDISE FOR THE PERIOD LISTED ABOVE OCCURRED
WITH THE PUBLICATION OF THE RESCISSION OF THE ADMINISTRATIVE
REVIEW ON JULY 25, 2006 (71 FR 42084). YOU SHALL CONTINUE TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE
MERCHANDISE AT THE CURRENT RATES.


4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION
778 REQUIRES THAT CBP PAYS INTEREST ON OVER-PAYMENTS OR ASSESSES
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 OF PAYMENT OF
ESTIMATED ANTIDUMPING DUTIES 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.

5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED
IN SECTION 351.402 (f)(2) OF THE COMMERCE DEPARTMENT
REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER
CERTIFIES THAT IT HAS AN AGREEMENT WITH THE EXPORTER TO BE
REIMBURSED ANTIDUMPING DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING
DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER DOES NOT RESPOND TO YOUR FORMAL
REQUEST FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION,
CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING
DUTIES DUE.

6. 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
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O5:YJC).

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

CATHY SAUCEDA