- Period Covered: 10/01/2005 to 09/30/2006
MESSAGE NO: 7303206
DATE: 10 30 2007
CATEGORY: ADA
TYPE: LIQ
REFERENCE: 5206202
REFERENCE DATE: 07 25 2005
CASES:
A - 122 - 840
-
-
-
-
-
-
-
-
-
-
PERIOD COVERED:
10 01 2005
TO
09 30 2006
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION INSTRUCTIONS FOR THE PARTIAL RESCISSION OF
CARBON AND CERTAIN ALLOY STEEL WIRE ROD FROM CANADA
FOR MITTAL CANADA (FORMERLY ISPAT) (A-122-840-001/007)
1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
CARBON AND ALLOY STEEL WIRE ROD FROM CANADA (A-122-840),
COVERING THE PERIOD 10/01/2005 THROUGH 09/30/2006, HAS BEEN
RESCINDED FOR THE FIRM LISTED BELOW.
YOU ARE TO ASSESS
ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 10/01/2005
THROUGH 09/30/2006 AT THE CASH DEPOSIT OR BONDING RATE REQUIRED
AT THE TIME OF ENTRY.
LIQUIDATE ALL ENTRIES FOR THE FOLLOWING FIRM:
MITTAL CANADA INC. (FORMERLY ISPAT SIDBEC INC.)
A-122-840-007 AND A-122-840-001
NOTE THAT MERCHANDISE SHOULD NO LONGER BE ENTERING UNDER THE
ISPAT SIDBEC INC. CASE NUMBER (A-122-840-001); SEE MESSAGE
NUMBER 5206202 (DATED 07/25/2005).
2. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF THE MERCHANDISE FOR THE FIRM AND THE PERIOD LISTED ABOVE
OCCURRED WITH THE PUBLICATION OF THE NOTICE OF THE RESCISSION OF
THE ADMINISTRATIVE REVIEW (72 FR 51408, 09/07/2007).
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 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 OVERPAYMENTS OR ASSESS
INTEREST ON UNDER PAYMENTS 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.
4. 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 MANUFACTURER, PRODUCER, SELLER, OR
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 PROVIDE THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD PRESUME
REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.
5. 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 O7:SB).
6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
ANNE MARICICH