MESSAGE NO: 8146117 DATE: 05 26 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 1996 TO 11 30 1997

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NON REVIEW/AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
DECEMBER, 96/97:


1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY
CONDUCT 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 THE PERIODS AND ON THE MERCHANDISE LISTED
BELOW, EXCEPT FOR THE FIRMS NOTED. THEREFORE, IN ACCORDANCE
WITH SECTION 351.212(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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE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 12/01/96-11/30/97

DRAFTING MACHINES FROM JAPAN PERIOD
A-588-811
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 12/01/96-11/30/97

POLYCHLOROPRENE RUBBER FROM JAPAN PERIOD
A-588-046
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 12/01/96-11/30/97

P.C. STEEL WIRE STRAND FROM JAPAN PERIOD
A-588-068
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 12/01/96-11/30/97

PORCELAIN-ON-STEEL COOKING WARE FROM MEXICO PERIOD
A-201-504
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 12/01/96-11/30/97

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 12/01/96-11/30/97

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OR PRODUCED BY THE LISTED FIRMS AND ENTERED, OR WITHDRAWN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 ENTRIES FOR THE MERCHANDISE AND
PERIODS LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES
OF THE SUBJECT 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 AND
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 THROUGH
THE DATE OF LIQUIDATION. THE RATE AT WHICH SUCH INTEREST IS
PAYABLE IS THE RATE IN EFFECT UNDER SECTION 6621 OFTHE 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. 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, OTHER GOVERNMENT AGENCY
LIAISON, USING ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND
INTERESTED PARTIES SHOULD CONTACT THE ANALYST IN CHARGE OF THE
CASE ON (202) 482-4737, AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, 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.