MESSAGE NO: 8005113 DATE: 01 05 1998
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 802 - -
- - - -
- - - -

PERIOD COVERED: 11 21 1997 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: ANTIDUMPING SCOPE RULING ON 3.5 MICRODISKS AND
COATED MEDIA FROM JAPAN (A-588-802)


1. ON 11/21/97, IN RESPONSE TO A REQUEST BY MAXELL
CORPORATION OF AMERICA, THE DEPARTMENT OF COMMERCE ISSUED A
FINAL SCOPE RULING THAT MAXELL'S OSD325-FLOPTICAL DISK IS NOT
WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING 3.5"
MICRODISKS AND COATED MEDIA FROM JAPAN (A-588-802).

2. THE COMMERCE DEPARTMENT DETERMINED THAT MAXELL'S OSD325
FLOPTICAL DISK MERITS A NEGATIVE SCOPE RULING BECAUSE OF A
DIFFERENT DRIVE UTILIZED IN RETRIEVING DATA AND THE INHERENT
CHARACTERISTICS OF MAXELL'S OSD325 FLOPTICAL DISK. THEREFORE,
MAXELL'S OSD325 FLOPTICAL DISK IS NOT WITHIN THE SCOPE OF THE
ANTIDUMPING DUTY ORDER COVERING 3.5" MICRODISKS AND COATED
MEDIA FROM JAPAN.

3. EFFECTIVE 11/21/97, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRY SUMMARIES, REGARDLESS OF ENTRY SUMMARY DATE,
OF MAXELL'S OSD325 FLOPTICAL DISKS.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY
BONDS RELATING TO THE OSD325 LISTED ABOVE.

5. 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.

6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRY SUMMARIES OF 3.5"
MICRODISKS AND COATED MEDIA FROM JAPAN.

7. 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."
THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD
CONTACT RUSSELL MORRIS AT 202-482-1167, OF THE OFFICE OF CVD/AD
ENFORCEMENT VI, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

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


PAUL SCHWARTZ


NOTE: THIS MESSAGE WAS INADVERTENTLY REMOVED FROM ADIL SO HAS
BEEN REPOSTED TO ADIL ON DECEMBER 3, 2009. THE ORIGINAL MESSAGE
WAS SENT TO CMC DIRECTORS, PORT DIRECTORS. DIRECTOR, IMPORT
OPERATIONS IS NOW SHOWN AS DIRECTOR, SPECIAL ENFORCEMENT. THE
BALANCE OF THE TEXT AND INFORMATION REMAINS UNCHANGED AND
MATCHES THE MESSAGE THAT STILL APPEARS ON THE ADD/CVD SEARCH
APPLICATION ON CBP.GOV.