• Period Covered: 08/01/1994 to 07/31/1995

MESSAGE NO: 7014115 DATE: 01 14 1997
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 103 - -
- - - -
- - - -

PERIOD COVERED: 08 01 1994 TO 07 31 1995

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: LIQUIDATION INSTRUCTIONS FOR TITANIUM SPONGE FROM THE
RUSSIAN FEDERATION PRODUCED BY BEREZNIKI TITANIUM-
MAGNESIUM WORKS FOR PERIOD 8/1/94-7/31/95 (A-462-102)

1. FOR ALL SHIPMENTS OF TITANIUM SPONGE FROM THE RUSSIAN
FEDERATION, PRODUCED BY BEREZNIKI TITANIUM-MAGNESIUM WORKS
(AVISMA) AND EXPORTED BY INTERLINK METALS & CHEMICALS, INC.
AND COMETALS, INC., ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIOD 08/01/94 THROUGH 07/31/95,
ASSESS THE FOLLOWING ANTIDUMPING LIABILITIES OF THE ENTERED
VALUE:

INTERLINK METALS & CHEMICALS, INC. 0.00 PERCENT
COMETALS, INC. 28.31 PERCENT

2. FOR ALL OTHER SHIPMENTS OF TITANIUM SPONGE FROM THE RUSSIAN
FEDERATION ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIOD 08/01/94 THROUGH 07/31/95,
ASSESS 83.96 PERCENT OF THE ENTERED VALUE:

3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE
MERCHANDISE AND PERIOD LISTED ABOVE. 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 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 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 PAYMENT OF ESTIMATED ANTIDUMPING 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.

5. WHENEVER THE USE OF THE ABOVE VALUES RESULTS IN THE
ASSESSMENT OF ANTIDUMPING DUTIES, YOU SHOULD REQUIRE OF THE
IMPORTER, PRIOR TO LIQUIDATION, THE REIMBURSEMENT STATEMENT
DESCRIBED IN SECTION 353.26 OF THE COMMERCE DEPARTMENT
REGULATIONS. IMPORTERS WERE ADVISED OF THIS REQUIREMENT
WHEN THE FINAL RESULTS OF THE ADMINISTRATIVE REVIEW WERE
PUBLISHED IN THE FEDERAL REGISTER. IF THE IMPORTER HAS BEEN
REIMBURSED ANTIDUMPING DUTIES OR FAILS TO PROVIDE THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD
DOUBLE THE ANTIDUMPING DUTIES DUE IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE
APPROPRIATE SUPERVISORY CHANNELS, IMPORT OPERATIONS,
ANTIDUMPING/COUNTERVAILING DUTY, USING THE ATTRIBUTE
"HQ OAB." IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT AMY WEI AT 202-482-1131, OF THE OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.


PAUL SWARTZ
(ACTING)