MESSAGE NO: 8158202 DATE: 06 06 2008
CATEGORY: ADA TYPE: LIQ
REFERENCE: 8073206 REFERENCE DATE: 03 13 2008
CASES: A - 485 - 803 - -
- - - -
- - - -

PERIOD COVERED: 08 01 2002 TO 07 31 2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR CERTAIN CUT-TO-LENGTH
CARBON STEEL PLATE FROM ROMANIA PRO'D AND/OR EXP'D BY
ISPAT SIDEX OR METALEXPORTIMPORT(A-485-803-001/003/004)

1. ON 11/07/2007, THE U.S. COURT OF INTERNATIONAL TRADE (CIT)
ISSUED A FINAL DECISION IN THE CASE OF MITTAL STEEL GALATI
S.A., FORMERLY KNOWN AS ISPAT SIDEX S.A. V. UNITED STATES,
COURT NO. 05-00311. AS A RESULT OF THE CIT'S DECISION AND LAPSE
OF THE 60-DAY TIME PERIOD FOR APPEAL, THE INJUNCTION TO WHICH
MESSAGE 5166201 REFERS ENJOINING LIQUIDATION OF ENTRIES WHICH
ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON CERTAIN
CUT-TO-LENGTH CARBON STEEL PLATE FROM ROMANIA EXPORTED BY
METALEXPORTIMPORT, S.A. AND PRODUCED BY ISPAT SIDEX, S.A. FOR
THE PERIOD 08/01/2002 THROUGH 07/31/2003, DISSOLVED ON
01/07/2008. THE DEPARTMENT OF COMMERCE PUBLISHED THE AMENDED
FINAL RESULTS OF REVIEW ON 01/18/2008 (73 FR 3452).

2. FOR ALL SHIPMENTS OF CERTAIN CUT-TO-LENGTH CARBON STEEL
PLATE FROM ROMANIA PRODUCED BY ISPAT SIDEX S.A. (MITTAL STEEL
GALATI S.A.'S NAME AT THE TIME THE ENTRIES WERE MADE) AND
EXPORTED BY METALEXPORTIMPORT S.A., AND WHICH WERE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD
08/01/2002 THROUGH 07/31/2003, ASSESS AN ANTIDUMPING LIABILITY
ACCORDING TO THE INSTRUCTIONS CONTAINED IN MESSAGE #8073206
(03/13/2008).

3. 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 WHICH
WERE PRODUCED AND/OR EXPORTED BY ISPAT SIDEX S.A. (MITTAL STEEL
GALATI S.A.'S NAME AT THE TIME THE ENTRIES WERE MADE), ENTERED,
OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD

08/01/2002 THROUGH 07/31/2003, AND NOT COVERED BY PARAGRAPH
TWO, 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.

FOR ALL SHIPMENTS OF CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE
FROM ROMANIA WHICH WERE PRODUCED AND/OR EXPORTED BY
METALEXPORTIMPORT S.A., ENTERED, OR WITHDRAWN FROM WAREHOUSE
FOR CONSUMPTION DURING THE PERIOD 08/01/2002 THROUGH
07/31/2003, AND NOT COVERED BY PARAGRAPH ONE, 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.

4. NOTE THAT ENTRIES MAY HAVE BEEN UNDER CASE NUMBERS
A-485-803-001, A-485-803-003, OR A-485-803-004.

5. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 08/01/2002
THROUGH 07/31/2003, NOT COVERED BY MESSAGE #8073206, OCCURRED
WITH THE PUBLICATION OF THE FINAL RESULTS OF ADMINISTRATIVE
REVIEW ON 03/15/2005 (70 FR 12651). FOR ENTRIES OF SUBJECT
MERCHANDISE DURING THE PERIOD 08/01/2003 THOROUGH 07/31/2004,
REFER TO MESSAGES #4286212 (DATED 10/12/2004), #6055201 (DATED
03/10/2006), #8038207 (DATED 02/07/2008), AND #8135208 (DATED
05/14/2008). FOR ENTRIES OF SUBJECT MERCHANDISE DURING THE
PERIOD 08/01/2004 THROUGH 07/31/2005, REFER TO MESSAGES
#5305206 (DATED 11/01/2005), #7094202 (DATED 04/04/2007) AND
#7095207 (DATED 04/05/2007). FOR ENTRIES OF SUBJECT
MERCHANDISE DURING THE PERIOD 08/01/2005 THROUGH 12/14/2005,
REFER TO MESSAGES #7360209 AND #7360210, DATED 12/26/2007.

6. AS A RESULT OF A FIVEYEAR ("SUNSET") REVIEW, COMMERCE HAS
REVOKED THE ANTIDUMPING DUTY ORDER ON CERTAIN CUTTOLENGTH
CARBON STEEL PLATE FROM ROMANIA (A485803). THIS REVOCATION WAS
PUBLISHED IN THE FEDERAL REGISTER ON 02/12/2007 (72 FR 6519).
THE EFFECTIVE DATE OF THE REVOCATION IS 12/15/2005. THEREFORE,
ALL ENTRIES OF THE SUBJECT MERCHANDISE ENTERED OR WITHDRAWN
FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER 12/15/2005 SHOULD BE
LIQUIDATED WITHOUT REGARD TO ANTIDUMPING DUTIES, AND U.S.
CUSTOMS AND BORDER PROTECTION (CBP) IS DIRECTED NOT TO COLLECT
CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES ON THE SUBJECT
MERCHANDISE. SEE MESSAGE #7045205, DATED 02/14/2007.

7. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CBP ON ENTRIES OF
THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF
THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP 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 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.

8. 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 ABOVEREFERENCED REGULATION. ADDITIONALLY, IF THE
IMPORTER DOES NOT PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE
ANTIDUMPING DUTIES DUE.

9. 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
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY 07:JD).

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

DAVID M. GENOVESE