MESSAGE NO: 6331114 DATE: 11 27 1995
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 805 - -
- - - -
- - - -

PERIOD COVERED: 01 01 1994 TO 12 31 1994

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: NON ADMINISTRATIVE REVIEW LIQUIDATION INSTRUCTIONS



1. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE DESCRIBED COUNTERVAILING DUTY
ORDERS FOR THE JANUARY 1, 1994 THROUGH DECEMBER 31, 1994
REVIEW PERIOD.

2. THE COUNTERVAILING DUTY ORDERS AND CORRESPONDING MERCHANDISE
COVERED BY THESE INSTRUCTIONS IS AS FOLLOWS:

NEW STEEL RAIL, EXCEPT LIGHT RAIL, FROM CANADA (C-122-805)
COVERS SHIPMENTS OF CANADIAN NEW STEEL RAIL, WHETHER CARBON,
LIGHT CARBON, ALLOY OR OTHER QUALITY STEEL. THIS INCLUDES,
BUT IS NOT LIMITED TO, STANDARD RAILS. ALL MAIN LINE
SECTIONS (AT LEAST 30 KG PER METER OR 80 POUNDS PER YARD),
HEAT-TREATED OR HEAD-HARDENED (PREMIUM) RAILS, TRANSIT RAILS,
CONTACT RAILS (OR "THIRD RAIL") AND CRANE RAILS. RAILS ARE
USED BY THE RAILROAD INDUSTRY, BY RAPID TRANSIT LINES, BY
SUBWAYS, IN MINES, AND IN INDUSTRIAL APPLICATIONS. THE
PRODUCTS COVERED ARE CURRENTLY CLASSIFIABLE UNDER HARMONIZED
TARIFF SCHEDULE (HTS) ITEM NUMBERS 7302.10.1020,
7302.10.1040, 7302.10.5000, AND 8548.00.0000. SPECIFICALLY
EXCLUDED FROM THESE INSTRUCTIONS ARE LIGHT RAILS (RAILS LESS
THAN 30 KG PER METER OR 60 POUNDS PER YARD). ALSO EXCLUDED
ARE RELAY RAILS WHICH ARE USED RAILS TAKEN FROM PRIMARY
RAILROAD TRACK AND RELAID IN A RAILROAD YARD OR ON A
SECONDARY TRACK.

FRESH CUT ROSES FROM ISRAEL (C-508-064) COVERS IMPORTS OF
FRESH CUT ROSES FROM ISRAEL. SUCH MERCHANDISE IS
CLASSIFIABLE UNDER HTS ITEM NUMBER 0603.10.60.

STEEL WIRE ROPE FROM THAILAND (C-549-806) COVERS IMPORTS OF
THAI STEEL WIRE ROPE. THIS ENCOMPASSES ROPES, CABLES, AND
CORDAGE OF IRON OR STEEL, OTHER THAN STRANDED WIRE, NOT
FITTED WITH FITTINGS OR MADE UP INTO ARTICLES, AND NOT MADE
UP OF BRASS PLATED WIRE. EXCLUDED ARE IMPORTS OF STAINLESS
STEEL WIRE ROPE, I.E., ROPES, CABLES AND CORDAGE OTHER THAN
STRANDED WIRE, OF STAINLESS STEEL, NOT FITTED WITH FITTINGS
OR MADE UP INTO ARTICLES, WHICH IS CLASSIFIABLE UNDER HTS
ITEM NUMBER 7312.10.6000. WIRE ROPE IMPORTS COVERED BY THE
ORDER ARE CLASSIFIABLE UNDER HTS ITEM NUMBERS 7312.10.9030,
7312.10.9060 and 7312.10.9090.

3. THEREFORE, IN ACCORDANCE WITH SECTION 355.22(G) OF THE
COMMERCE REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES
AT RATES EQUAL TO THE CASH DEPOSIT OF ESTIMATED
COUNTERVAILING DUTIES REQUIRED AT THE TIME OF ENTRY ON THE
SPECIFIED SUBJECT MERCHANDISE EXPORTED ON OR AFTER JANUARY 1,
1994 AND ON OR BEFORE DECEMBER 31, 1994. AFTER JANUARY 1,
1994 WHICH ENTERED ON OR BEFORE DECEMBER 31, 1994.

4. THE RATES OF ESTIMATED COUNTERVAILING DUTIES WHICH WERE
REQUIRED TO BE DEPOSITED ARE:

STEEL RAILS
CANADA
ALGOMA C-122-805-001 01/01/94-12/31/94 EXCLUDED
ALL OTHER FIRMS C-122-805 01/01/94-12/31/94 94.57 PERCENT

ROSES
ISRAEL
ALL FIRMS C-508-064 01/01/94-12/31/94 9.44 PERCENT

STEEL WIRE ROPE
THAILAND
VIVAT C-549-806-001 01/01/94-12/31/94 EXCLUDED
ALL OTHER FIRMS C-549-806 01/01/94-12/31/94 0.56 PERCENT

5. THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE EXPORTED ON OR AFTER JANUARY 1, 1994 AND ON OR
BEFORE DECEMBER 31, 1994 IS LIFTED. THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF THE MERCHANDISE LISTED ABOVE
EXPORTED AFTER DECEMBER 31, 1994 WILL CONTINUE.


6. 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 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 REVENE CODE OF 1954 FOR SUCH
PERIOD.

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 BRANCH USING "HQ OAB". THE
IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT
THE OFFICE OF COUNTERVAILING COMPLIANCE, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE (202) 482-2786.

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


NANCY MCTIERNAN