MESSAGE NO: 9071111 DATE: 03 12 1999
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 463 - 101 A - 463 - 201
A - 462 - 201 A - 351 - 804
A - 351 - 806 A - 447 - 801

PERIOD COVERED: 07 01 1997 TO 06 30 1998

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: NON REVIEW/AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
JULY 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DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM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.

SOLID UREA FROM ARMENIA PERIOD
A-463-101

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 07/01/1997-06/30/1998


SOLID UREA FROM AZERBAIJAN PERIOD
A-463-201

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 07/01/1997-06/30/1998

SOLID UREA FROM BELARUS-BALTIC PERIOD
A-462-201

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 07/01/1997-06/30/1998

INDUSTRIAL NITROCELLULOSE FROM BRAZIL PERIOD
A-351-804

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 07/01/1997-06/30/1998

SILICON METAL FROM BRAZIL PERIOD
A-351-806

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 07/01/1997-06/30/1998

COMPANHIA BRASILEIRA CARBURETO DE CALCIO
COMPANHIA FERROLIGAS MINAS GERAIS-MINASLIGAS
ELETROSILEX BELO HORIZONTE
LIGAS DE ALUMINIO S.A.
RIMA INDUSTRIAL, S/A

SOLID UREA FROM ESTONIA-BALTIC PERIOD
A-447-801

LIQUIDATE ALL ENTRIES FOR ALL FIRMS 07/01/1997-06/30/1998


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WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THIS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 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
LIAISONS, 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