MESSAGE NO: 8105215
DATE: 04 14 2008
CATEGORY: ADA
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
A - 602 - 806
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PERIOD COVERED:
03 26 2008
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: NOTICE OF A PRELIMINARY DETERMINATION IN AN ANTIDUMPING
DUTY INVESTIGATION OF ELECTROLYTIC MANGANESE DIOXIDE
(EMD) FROM AUSTRALIA (A-602-806-000/001)
1.
ON 03/26/2008, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS AFFIRMATIVE PRELIMINARY DETERMINATION OF
SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY
INVESTIGATION OF EMD FROM AUSTRALIA.
2.
THE MERCHANDISE COVERED BY THIS INVESTIGATION INCLUDES ALL
MANGANESE DIOXIDE (MnO2) THAT HAS BEEN MANUFACTURED IN AN
ELECTROLYSIS PROCESS, WHETHER IN POWDER, CHIP, OR PLATE FORM).
EXLUDED FROM THE SCOPE ARE NATURAL MANGANESE DIOXIDE (NMD) AND
CHEMICAL MANGANESE (CMD).
THE MERCHANDISE SUBJECT TO THIS
INVESTIGATION IS CLASSIFIED IN THE HARMONIZED TARIFF SCHEDULE
OF THE UNITED STATES (HTSUS) AT SUBHEADING 2820.10.00.00.
3.
FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-602-806.
4.
FOR IMPORTS OF EMD FROM AUSTRALIA, U.S. CUSTOMS AND BORDER
PROTECTION (CBP) SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER MARCH 26, 2008.
IN ADDITION, FOR ENTRIES MANUFACTURED
AND/OR EXPORTED BY DELTA AUSTRALIA PTY LTD, CBP SHALL SUSPEND
LIQUIDATION OF ENTRIES MADE ON OR AFTER DECEMBER 27, 2007,
WHICH IS 90 DAYS PRIOR TO THE PUBLICATION OF THE NOTICE, IN
ACCORDANCE WITH SECTION 733(e)(2) OF THE TARIFF ACT OF 1930, AS
AMENDED.
CBP SHALL REQUIRE A CASH DEPOSIT OR THE POSTING OF A
BOND EQUAL TO THE PERCENTAGE MARGINS SHOWN BELOW FOR ENTRIES OF
THE MANUFACTURER LISTED BELOW:
MANUFACTURER
CUSTOMS ID
PERCENTAGE
(MARGIN)
DELTA AUSTRALIA PTY LTD
A-602-806-001
120.59
ALL OTHERS
A-602-806-000
120.59
5.
IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM
OTHER THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS
APPLY:
A.
IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE
ITS OWN RATE BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH
DEPOSIT OR BONDING RATE WILL BE THE MANUFACTURER'S RATE.
B.
WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY
HAS ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE
'ALL OTHER'
RATE OF 120.59 PERCENT TO ESTABLISH THE CASH
DEPOSIT OR BONDING RATE.
6.
IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP,
CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC
IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION
AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING
OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR
THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION
TO POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING
DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC
IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE
INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH
RESPECT TO THESE BONDING REQUIREMENTS.
7.
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 O5: HP).
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE