MESSAGE NO: 8338114 DATE: 12 04 1997
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 703 - -
- - - -
- - - -

PERIOD COVERED: 10 14 1997 TO

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: ANTIDUMPING SCOPE RULING ON CERTAIN INTERNAL-COMBUSTION
FORKLIFTS FROM JAPAN (A-588-703)


1. ON 10/14/97, IN RESPONSE TO A REQUEST BY NISSAN MOTOR CO.
LTD. AND NISSAN FORKLIFT CORPORATION, THE DEPARTMENT OF
COMMERCE ISSUED A FINAL SCOPE RULING THAT ALL ENTRIES OF THE
NISSAN FORKLIFT MODEL F05-70 ARE NOT WITHIN THE SCOPE OF THE
ANTIDUMPING DUTY ORDER COVERING CERTAIN INTERNAL-COMBUSTION
FORKLIFTS FROM JAPAN(A-588-703) BASED ON THIS MODEL'S
STANDARD LOAD CAPACITY OF 15,500 POUNDS.

2. EFFECTIVE 12/01/97, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRY SUMMARIES, REGARDLESS OF ENTRY SUMMARY
DATE, OF THE NISSAN FORKLIFT MODEL F05-70 LISTED ABOVE.

3. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE NISSAN FORKLIFT MODEL F05-70 LISTED ABOVE.

4. 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. 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.

5. CONTINUE TO SUSPEND LIQUIDATION OF ALL OTHER ENTRIES OF
FORKLIFT TRUCKS SUBJECT TO THE ANTIDUMPING DUTY ORDER
COVERING CERTAIN INTERNAL-COMBUSTION FORKLIFTS FROM JAPAN.

6. 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 THE ATTRIBUTE "HQ OAB."
IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT
KRIS CAMPBELL, SCOTT OUDKIRK OR CONSTANCE HANDLEY AT 202-
482-3813/2336/0631 RESPECTIVELY, AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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

PAUL SCHWARTZ