MESSAGE NO: 9312219 DATE: 11 08 1999
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 840 - -
- - - -
- - - -

PERIOD COVERED: 10 28 1999 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: ANTIDUPING SCOPE RULING ON ENGINEERED PROCESS GAS
TURBOCOMPRESSOR SYSTEMS, WHETHER ASSEMBLED OR
UNASSAMBLED FROM JAPAN (A-588-840)

1. ON OCTOBER 28, 1999, IN RESPONSE TO A REQUEST BY FORMOSA
PLASTICSCORPORATION, U.S.A. (FORMOSA), THE DEPARTMENT OF
COMMERCE ISSUED AFINAL SCOPE RULING THAT SUNDYNE LMC-333
COMPRESSOR SYSTEMS ANDASSOCIATED EQUIPMENT, AS ENTERED ON
JANUARY 4, 1999, UNDER ENTRY NUMBER 0196732-3, ARE NOT WITHIN THE
SCOPE OF THE ANTIDUMPING DUTY ORDER
COVERING EPGTS FROM JAPAN (A-588-840).

2. THE COMMERCE DEPARTMENT DETERMINED THAT THE SUNDYNE LMC-333
COMPRESSOR SYSTEMS AND ASSOCIATED EQUIPMENT MERIT A NEGATIVE
SCOPERULING BECAUSE THEY ARE NOT BEING USED IN THE PETROCHEMICAL
ORFERTILIZER INDUSTRIES, IN THE PRODUCTION OF ETHYLENE,
PROPYLENE,AMMONIA, UREA, METHANOL, REFINERY AND OTHER
PETROCHEMICAL PRODUCTS AND, THEREFORE, ARE NOT WITHIN THE SCOPE
OF THE ANTIDUMPING DUTYORDER
COVERING EPGTS FROM JAPAN (A-588-840).

3. ACCORDINGLY, EFFECTIVE OCTOBER 28, 1999, TERMINATE SUSPENSION
ANDLIQUIDATE ALL UNLIQUIDATED ENTRY SUMMARIES, REGARDLESS OF
ENTRY SUMMARYDATE, OF SUNDYNE LMC-333 COMPRESSOR SYSTEMS AND
ASSOCIATED EQUIPMENT,UNDER ENTRY NUMBER 0196732-3, LISTED ABOVE.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE SUNDYNE LMC-333 COMPRESSOR SYSTEMS AND ASSOCIATED
EQUIPMENT, UNDER ENTRY NUMBER 0196732-3, LISTED
ABOVE.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ONENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT
CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON UNDER
PAYMENTS, OF THEREQUIRED 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 DATEPAYMENT 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 FORSUCH PERIOD.

6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRY SUMMARIES OF
ENGINEEREDPROCESS GAS TURBO-COMPRESSOR SYSTEMS AND ASSOCIATED
EQUIPMENT FROM JAPAN SUBJECT TO THE ANTIDUMPING DUTY ORDER
COVERING EPGTS FROM JAPAN.

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 THE
ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULDCONTACT JOHN MALONEY AT 202-482-1503, AD/CVD ENFORCEMENT,
IMPORTADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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

PAUL SCHWARTZ