MESSAGE NO: 8240111 DATE: 08 28 1998
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 331 - 602 A - 405 - 071
A - 427 - 602 A - 428 - 602
A - 428 - 811 - -

PERIOD COVERED: 03 31 1997 TO 02 28 1998

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: NON REVIEW AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
MARCH 97/98


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DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM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.

FRESH CUT FLOWERS FROM ECUADOR PERIOD
A-331-602
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 03/01/97 - 02/28/98

FLORISOL CIA LTDA.
ARGICOLA FLORES LA ANTONIA
FLORES DEL QINCHE, S.A.
GUAISA FARMS
VELVET
AGRICOLA LANDWORK
AGRITAB
AGOINDUSTRIAL ESPIALMOR
ARMIZO
CLAVELES DE LA MONTANA
EMPAGRI
FLOREQUISA
FLORES BARRAGAN-RODRIGUEZ
FLORES MITAD DEL MUNDO
FLORICULTURA ECUACLAVEL
GUALA IMPORT
ILLINIZA FLOWERS
NERITA FLOWERS
SAN ALFONSO
FLORES DEL QUINCHE
FLORES LA ANTONIA
FLORISOL
PLANTACIONES MALIMA
AMERICFLOWERS
ARCO VALENO
BIOCARE LIMITED
COLORSFROMTHEWORLD
COMEDINSA
COMERCIALIZADORA AGRICOLA
CARIBE
COMPRINZ
ECOFLOWERS
ECUAFLOR
ECUAPLANET TRADING
ECUAPLANTA
FLORIMEX VERWALTUNG GMBH
INCAFLOR
MAXIMAFARMS ECUADOR
MILIFLOWERS
NEVADO NARANJO ECUADOR
NOELIAFLOWERS
PANORAMA ROSES
QUITO INOR FLOWERS
TREVIS
U.S. FLORAL CORP.

RAYON STAPLE FIBER FROM FINLAND PERIOD
A-405-071
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 03/01/97 - 02/28/98

SATERI OY (FORMERLY KEMIRA FIBRES OY)

BRASS SHEET AND STRIP FROM FRANCE PERIOD
A-427-602
LIQUIDATE ALL ENTRIES FOR ALL FIRMS 03/01/97 - 02/28/98

BRASS SHEET AND STRIP FROM GERMANY PERIOD
A-428-602
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 03/01/97 - 02/28/98

WIELAND-WERKE AG

LEAD AND BISMUTH STEEL FROM GERMANY PERIOD
A-428-811
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 03/01/97 - 02/28/98

SAARSTAHL AG

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 CONSTITUTE 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 MERCHANDISE AT THE CURRENT RATES.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON SHIPMENTS OR 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 OF 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 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. 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