MESSAGE NO: 9313113 DATE: 11 09 1998
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 805 - -
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PERIOD COVERED: 01 01 1997 TO 12 31 1997

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: AUTOMATIC LIQUIDATION INSTRUCTIONS FOR NEW STEEL RAIL FROM
CANADA (C-122-805) FOR THE PERIOD 1/1/1997 THROUGH
12/31/1997

1. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON
NEW STEEL RAIL FROM CANADA (C-122-805) FOR THE PERIOD
01/01/1997-12/31/1997.

2. NEW STEEL RAIL, EXCEPT LIGHT RAIL FROM CANADA (C-122-805)
COVERS SHIPMENTS OF CANADIAN NEW STEEL RAIL, WHETHER OF
CARBON, HIGH CARBON, ALLOY OR OTHER QUALITY STEEL, INCLUDING
BUT NOT LIMITED TO, STANDARD RAILS, ALL MAIN LINE SECTIONS
(AT LEAST 30 KG PER METER OR 60 POUNDS PER YARD), HEAT-
TREATED OR HEAD-HARDENED (PREMIUM) RAILS, TRANSIT RAILS,
CONTACT RAILS (OR "THIRD RAIL") AND CRANE RAILS. RAIL MADE
TO NOMINAL 60 ASCE/ASTM A1-92 SPECIFICATIONS (NOMINAL 60),
IS NOT COVERED BY THE SCOPE OF THE ORDER. RAILS ARE USED BY
THE RAILROAD INDUSTRY, BY RAPID TRANSIT LINES BY SUBWAYS, IN
MINES AND ARE CLASSIFIABLE UNDER ITEM NUMBERS:
7302.10.1020, 7302.10.1025, 7302.10.1035, 7302.10.1040,
7302.10.1045, 7302.10.1055, 7302.10.5000, AND 8548.00.0000.

3. THEREFORE, IN ACCORDANCE WITH SECTION 355.22(G) OF THE
COMMERCE REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING
DUTIES AT RATES EQUAL TO THE CASH DEPOSIT OF ESTIMATED
COUNTERVAILING DUTIES REQUIRED AT THE TIME OF ENTRY ON THE
SPECIFIED SUBJECT MERCHANDISE EXPORTED ON OR AFTER JANUARY
1, 1997 AND ON OR BEFORE DECEMBER 31, 1997.

4. THE RATES OF ESTIMATED COUNTERVAILING DUTIES WHICH WERE
REQUIRED TO BE DEPOSITED ARE:

NEW STEEL RAIL
FROM CANADA
MANUFACTURERS CASE NUMBER PERIOD RATE

ALGOMA STEEL
CORP. C-122-805-001 1/1/1997-12/31/1997 EXCLUDED
SIDNEY STEEL
CORP. C-122-805-002 1/1/1997-12/31/1997 112.34%
BERNARD RAILTRACK
EXPORT C-122-805-003 1/1/1997-12/31/1997 112.34%

ALL OTHER FIRMS C-122-805 1/1/1997-12/31/1997 94.57%

5. THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE EXPORTED ON OR AFTER JANUARY 1, 1997 AND ON OR
BEFORE DECEMBER 31, 1997 IS LIFTED. THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF THE MERCHANDISE LISTED
ABOVE EXPORTED AFTER DECEMBER 31, 1997 WILL CONTINUE.

6. THE ASSESSMENT OF COUNTERVAILING 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, OR ASSESS INTEREST ON UNDER PAYMENTS, OF THE
REQUIRED AMOUNTS DEPOSITED AS ESTIMATED COUNTERVAILING
DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH
OR BONDS POSTED AS ESTIMATED COUNTERVAILING DUTIES BEFORE
THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY ORDER.
INTEREST SHALL BE CALCULATED FROM THE DATE OF ENTRY OR DATE
OF DEPOSIT WHICH EVER IS LATER, OF ESTIMATED COUNTERVAILING
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.

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
ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT THE OFFICE OF AD/CVD
ENFORCEMENT VI, IMPORT ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, (202) 482-2786.

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

PAUL SCHWARTZ