MESSAGE NO: 9288211 DATE: 10 15 1999
CATEGORY: ADA TYPE: REV
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 819 - -
- - - -
- - - -

PERIOD COVERED: 09 21 1999 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: REVOCATION OF ANTIDUMPING DUTY ORDER ON FERROSILICON
FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-819)


1. THE DEPARTMENT OF COMMERCE HAS RESCINDED THE ANTIDUMPING
DUTY ORDER ON FERROSILICON FROM THE PEOPLE'S REPUBLIC OF CHINA
AND PUBLISHED THE RESCISSION IN THE FEDERAL REGISTER ON
09/21/1999 (64 FR AT PAGE 51097). THE DEPARTMENT'S RESCISSION IS
BASED ON THE INTERNATIONAL TRADE COMMISSION'S RECONSIDERATION ON
08/24/1999 OF ITS ORIGINAL INJURY DETERMINATION IN THE ABOVE
CASE. BECAUSE THE INTERNATIONAL TRADE COMMISSION RECONSIDERED
ITS ORIGINAL INJURY DETERMINATION AND FOUND NO MATERIAL INJURY OR
THREAT OF MATERIAL INJURY, THE ORDER IN THIS CASE IS LEGALLY
INVALID FROM THE DATE OF ITS ISSUANCE, 03/11/1993.

2. AT THE TIME OF THE INTERNATIONAL TRADE COMMISSION'S
DECISION, THE COMMERCE DEPARTMENT WAS CONDUCTING ONE
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
FERROSILICON FROM THE PEOPLE'S REPUBLIC OF CHINA COVERING THE
PERIOD 03/01/1998 THROUGH 02/28/1999. AS A RESULT OF THE
DEPARTMENT'S RESCISSION, THIS REVIEW HAS BEEN TERMINATED.

3. THEREFORE, CUSTOMS IS DIRECTED TO TERMINATE THE SUSPENSION
OF LIQUIDATION FOR ANTIDUMPING PURPOSES ON ALL SHIPMENTS OF
FERROSILICON FROM THE PEOPLE'S REPUBLIC OF CHINA REGARDLESS OF
THE DATES THEY ENTERED. MOREOVER, ALL UNLIQUIDATED ENTRIES OF
THE SUBJECT PRODUCT SHOULD BE LIQUIDATED WITHOUT REGARD TO
ANTIDUMPING DUTIES (I.E., RELEASE ALL BONDS POSTED FOR
ANTIDUMPING PURPOSES AND REFUND ALL ANTIDUMPING DUTY CASH
DEPOSITS WITH INTEREST).
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 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.

5. 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 THE
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT JACK DULBERGER AT 202-482-5505, AD/CVD ENFORCEMENT
GROUP II, OFFICE 4, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

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


PAUL SCHWARTZ