- Period Covered: 08/01/2005 to 12/14/2005
MESSAGE NO: 7360210
DATE: 12 26 2007
CATEGORY: ADA
TYPE: LIQ
REFERENCE: 7045205
REFERENCE DATE: 02 14 2007
CASES:
A - 485 - 803
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PERIOD COVERED:
08 01 2005
TO
12 14 2005
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQ. INST. FOR THE RESCISSION OF ADD ORDER ON CERTAIN
CUT-TO-LENGTH CARBON STEEL PLATE FROM ROMANIA PRODUCED
&/OR EXPORTED BY METALEXPORTIMPORT (A-485-803-000/001)
1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE FROM ROMANIA A-485-803,
COVERING THE PERIOD 08/01/2005 THROUGH 12/14/2005, HAS BEEN
RESCINDED FOR THE FIRM LISTED BELOW BECAUSE IT HAD NO SHIPMENTS
OF SUBJECT MERCHANDISE DURING THE PERIOD.
METALEXPORTIMPORT, S.A.
A-485-803-001 OR A-485-803-000
2. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT
REGULATION ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS OF
CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE FROM ROMANIA PRODUCED
AND/OR EXPORTED BY FIRM(S) LISTED ABOVE, ENTERED OR WITHDRAWN
FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 08/01/2005
THROUGH 12/14/2005, AND EXPORTED BY FIRMS OTHER THAN THE
RESCINDED FIRM(S) LISTED ABOVE, ASSESS ANTIDUMPING DUTIES AT THE
ALL-OTHERS RATE IN EFFECT ON THE DATE OF ENTRY. THE ALL-OTHERS
RATE FOR CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE FROM ROMANIA
IS 75.04 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 NOTICE OF FINAL RESULTS OF ANTIDUMPING DUTY
ADMINISTRATIVE REVIEW AND FINAL PARTIAL RESCISSION (72 FR 63555,
11/09/2007). INSTRUCTIONS REGARDING THE REVOCATION OF THE
ANTIDUMPING DUTY ORDER ON CERTAIN CUT-TO-LENGTH CARBON STEEL
PLATE FROM ROMANIA AS OF 12/15/2005, AND THE RELEASING OF ALL
BONDS AND REFUNDING OF ALL CASH DEPOSITS WITH INTEREST, FOR
ENTRIES ON OR AFTER 12/15/2005, WERE ISSUED UNDER MESSAGE NUMBER
7045205 (DATED 02/14/2007).
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 OVERPAYMENTS 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 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.
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 O7: DC).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
ANNE MARICICH