MESSAGE NO: 9091205 DATE: 04 01 2009
CATEGORY: ADA TYPE: LIQ
REFERENCE: 9086202 REFERENCE DATE: 03 27 2009
CASES: A - 201 - 822 - -
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PERIOD COVERED: 07 01 2006 TO 06 30 2007

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR STAINLESS STEEL SHEET AND
STRIP IN COILS FROM MEXICO (A-201-822);FOR THYSSENKRUPP
MEXINOX. LIFTING OF SUSPENSION 02/09/09, NAFTA BI-NAT.

1. IN ACCORDANCE WITH CUSTOMS MESSAGE NUMBER 9086202
(03/27/2009), DO NOT LIQUIDATE ENTRIES OF STAINLESS STEEL SHEET
AND STRIP IN COILS FROM MEXICO PRODUCED AND EXPORTED BY
THYSSENKRUPP MEXINOX S.A. DE C.V., AND ENTERED OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 07/01/2006
THROUGH 06/30/2007.

2. FOR ALL SHIPMENTS OF STAINLESS STEEL SHEET AND STRIP IN
COILS FROM MEXICO PRODUCED BY ENTITIES OTHER THAN THYSSENKRUPP
MEXINOX S.A. DE C.V. AND EXPORTED BY THYSSENKRUPP MEXINOX S.A.
DE C.V., ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
DURING THE PERIOD 07/01/2006 THROUGH 06/30/2007, ASSESS
ANTIDUMPING DUTIES AT THE ALL-OTHERS RATE OF 30.85 PERCENT FOR
STAINLESS STEEL SHEET AND STRIP IN COILS FROM MEXICO. SUCH
ENTRIES MAY HAVE ENTERED UNDER CASE NUMBER A-201-822-001.

3. FOR ALL SHIPMENTS OF STAINLESS STEEL SHEET AND STRIP IN
COILS FROM MEXICO PRODUCED BY THYSSENKRUPP MEXINOX S.A. DE C.V.
AND EXPORTED BY ENTITIES OTHER THAN THYSSENKRUPP MEXINOX S.A.
DE C.V., ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION
DURING THE PERIOD 07/01/2006 THROUGH 06/30/2007, ASSESS
ANTIDUMPING DUTIES AT THE ALL-OTHERS RATE OF 30.85 PERCENT.
SUCH ENTRIES MAY HAVE ENTERED UNDER CASE NUMBER A-201-822-001.

4. FOR ALL ENTRIES NOT COVERED BY PARAGRAPHS ONE, TWO, AND
THREE, SEE CUSTOMS AUTOMATIC LIQUIDATION INSTRUCTIONS MESSAGE
NUMBER 7284207 (10/11/2007).

5. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 07/01/2006
THROUGH 06/30/2007 OCCURRED WITH THE PUBLICATION OF THE FINAL
RESULTS OF ADMINISTRATIVE REVIEW (74 FR 6365, 02/09/2009). FOR
ALL OTHER SHIPMENTS OF STAINLESS STEEL SHEET AND STRIP IN COILS
FROM MEXICO YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE
MERCHANDISE AT THE CURRENT RATES.

6. THE PENDING BI-NATIONAL PANEL REVIEW, IN CUSTOMS MESSAGE
NUMBER 9086202 NOTED IN PARAGRAPH ONE, IS APPLICABLE TO THE
ENTRIES OF STAINLESS STEEL SHEET AND STRIP IN COILS FROM MEXICO
PRODUCED AND EXPORTED BY THYSSENKRUPP MEXINOX S.A. DE C.V.
DURING THE PERIOD 07/01/2006 THROUGH 06/30/2007. ACCORDINGLY,
UNTIL FURTHER NOTICE, CONTINUE TO SUSPEND LIQUIDATION OF THESE
ENTRIES UNTIL LIQUIDATION INSTRUCTIONS ARE PROVIDED.

7. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION (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 ABOVE-REFERENCED 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
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O7: MB).

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

CHRISTINE FURGASON/