MESSAGE NO: 7024111 DATE: 01 24 1997
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 201 - 802 - -
- - - -
- - - -

PERIOD COVERED: 08 01 1992 TO 07 31 1993

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: LIQUIDATION INSTRUCTIONS FOR GRAY PORTLAND CEMENT AND
CLINKER FROM MEXICO PRODUCED BY CEMEX, S.A. DE C.V.
FOR PERIOD 8/1/92 THROUGH 7/31/93

1. ON MAY 19, 1995, THE DEPARTMENT OF COMMERCE (THE DEPARTMENT)
ISSUED ITS FINAL RESULTS OF ADMINISTRATIVE REVIEW OF THE
ANTIDUMPING DUTY ORDER ON GRAY PORTLAND CEMENT AND CLINKER
FROM MEXICO FOR THE PERIOD 08/01/92 THROUGH 07/31/93. ON
SEPTEMBER 13, 1996, A BINATIONAL PANEL, CONVENED PURSUANT TO
ARTICLE 1904 OF THE NORTH AMERICAN FREE TRADE AGREEMENT
(NAFTA), ISSUED ITS FINAL DECISION, AFFIRMING THE DEPARTMENT'
S FINAL RESULTS OF ADMINISTRATIVE REVIEW IN ALL RESPECTS.
ON OCTOBER 29, 1996, THE NAFTA SECRETARIAT ISSUED A NOTICE
OF COMPLETION OF THE PANEL REVIEW (61 FR 59419). THEREFORE,
FOR ALL SHIPMENTS OF GRAY PORTLAND CEMENT AND CLINKER FROM
MEXICO PRODUCED BY CEMEX, S.A. DE C.V., IMPORTED BY SUNBELT
CEMENT, ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION
DURING THE PERIOD 08/01/92 THROUGH 07/31/93, ASSESS AN
ANTIDUMPING LIABILITY OF 61.85 PERCENT OF THE ENTERED VALUE.

2. 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.

3. 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.

4. WHENEVER THE USE OF THE ABOVE VALUE 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 PRELIMINARY AND 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 ROBERT JAMES AT 202-482-5222, OF OFFICE EIGHT,
ENFORCEMENT GROUP III, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

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


PAUL SCHWARTZ
(ACTING)