MESSAGE NO: 8061111 DATE: 03 02 1998
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 405 A - 588 - 811
A - 588 - 046 A - 588 - 068
A - 201 - 504 A - 614 - 502

PERIOD COVERED: 12 01 1995 TO 11 30 1996

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NON REVIEW/AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
DECEMBER, 95/96 (A-588-405); (A-588-811); (A-588-046)
(A-588-068); (A-201-504); (A-614-502)

PASS TO IMPORT SPECIALISTS, CUSTOMS BROKERS, AND OTHER
INTERESTED PARTIES

1. THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY
CONDUCTS ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY
FINDINGS/ORDERS. INSTEAD, REVIEWS MUST BE REQUESTED IN
ACCORDANCE WITH SECTION 351.213(b) OF THE COMMERCE REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR
AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY
FINDING/ORDER FOR PERIODS AND ON THE MERCHANDISE LISTED BELOW,
EXCEPT FOR THE FIRMS NOTED. THEREFORE, IN ACCORDANCE WITH
SECTION351.212(c) OF THE COMMERCE DEPARTMENT REGULATIONS, YOU
ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT
OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY SUMMARY.

CELLULAR MOBILE TELEHONES AND SUBASSEMBLIES FROM JAPAN PERIOD
A-588-405
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 12/01/95-11/30/96

DRAFTING MACHINES FROM JAPAN PERIOD
A-588-811
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 12/01/95-11/30/96

POLYCHLOROPRENE RUBBER FROM JAPAN PERIOD
A-588-046
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 12/01/95-11/30/96

DENKI KAGUJU, K.K.
DENKI KAGUJU KOGYO, K.K./ HOEI SANGYO CO., LTD.
MITSUI BUSSAN K.K.
SHOWA NEOPRENE K.K.
SHOWA NEOPRENE K.K./ HOEI SANGYO CO., LTD.
SUZUGO CORPORATION
TOSOH CORPORATION (Formerly TOYO SODA)
TOSOH CORPORATION/HOEI SANGYO CO., LTD.

P.C. STEEL WIRE STRAND FROM JAPAN PERIOD
A-588-068
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 12/01/95-11/30/96

PORCELAIN-ON-STEEL COOKING WARE FROM MEXICO PERIOD
A-201-504
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 12/01/95-11/30/96

CINSA S.A. DE C.V.
ESMALTACTIONES DE NORTE AMERICA S.A. DE C.V.

LOW FUMING BRAZING COPPER WIRE & ROD FROM NEW ZEALAND PERIOD
A-614-502
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 12/01/95-11/30/96

3. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF THE ADMINISTRATIVE REVIEW. CONTINUE TO
SUSPEND LIQUIDATION OF ALL ENTRIES OF MERCHANDISE EXPORTED
OR PRODUCED BY THE LISTED FIRMS AND ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION DURING THIS PERIOD.

4. THESE INSTRUCTIONS CONSTITUTES THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE MERCHANDISE
AND PERIODS LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT
THE CURRENT RATES.

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 PRIOR TO THE DATE
OF THE ANTIDUMPING DUTY ORDER. 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. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
DESCRIBED IN SECTION 351.402(f) OF THE COMMERCE DEPARTMENT
REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY SUMMARY. IF THE
IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD
DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER
FAILS TO RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR 29)
FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATIONS, CUSTOMS
SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES
DUE.

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 ATTRIBUTE "HQ OAB." THE
IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT
THE ANALYST IN CHARGE OF THE CASE ON (202) 482-4737, OFFICE OF
AD/CVD ENFORCEMENT, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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


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.