LIQ. INSTRUCTIONS FOR CERTAIN WELDED CARBON-STEEL PIPE AND TUBE, AND CERTAIN WELDED CARBON-STEEL LINE PIPE FROM TURKEY (C-489-502)

MESSAGE NO: 0322201 DATE: 11 17 2000 CATEGORY: CVD TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: C - 489 - 502 - - - - - - - - - - PERIOD COVERED: 01 01 1996 TO 12 31 1996 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL RE: LIQ. INSTRUCTIONS FOR CERTAIN WELDED CARBON-STEEL PIPE AND TUBE, AND CERTAIN WELDED CARBON-STEEL LINE PIPE FROM TURKEY (C-489-502) 1. PURSUANT TO A RECENT ORDER OF THE COURT OF INTERNATIONAL TRADE, THE DEPARTMENT OF COMMERCE PUBLISHED A NOTICE OF AMENDED FINAL RESULTS OF COUNTERVAILING DUTY ADMINISTRATIVE REVIEWS IN ACCORDANCE WITH DECISION UPON REMAND ON OCTOBER 18, 2000 (65 FR 62334). THE PRELIMINARY INJUNCTION ENJOINING ENTRIES OF CERTAIN WELDED CARBON STEEL PIPE AND TUBE AND CERTAIN WELDED CARBON STEEL LINE PIPE FROM TURKEY EXPORTED ON OR AFTER JANUARY 1, 1996, AND OR BEFORE DECEMBER 31, 1996, IS NOW LIFTED. 2. PURSUANT TO THE COURT'S INSTRUCTIONS, THE DEPARTMENT HAS RECALCULATED THE COUNTERVAILING DUTY RATES FOR ENTRIES EXPORTED ON OR AFTER JANUARY 1, 1996 AND ON OR BEFORE DECEMBER 31, 1996. ACCORDINGLY, ALL SHIPMENTS OF (1) CERTAIN WELDED CARBON STEEL PIPE AND TUBE, AND (2) CERTAIN WELDED CARBON STEEL LINE PIPE EXPORTED ON OR AFTER JANUARY 1, 1996 AND ON OR BEFORE DECEMBER 31, 1996 SHOULD BE LIQUIDATED AT THE FOLLOWING RATES. MANUFACTURER/EXPORTER OF PIPE AND TUBE ID NUMBER COMPANY RATE C-489-502-002 Borusan Birlesik Boru Fabrikalari A.S. 2.85 PERCENT C-489-502-003 Borusan Ihracat Ithalat ve Dagitim A.S. 2.85 PERCENT MANUFACTURER/EXPORTER OF LINE PIPE ID NUMBER COMPANY RATE C-489-502-005 Mannesmann-Sumerbank Boru Endustrisi T.A.S. 3.75 PERCENT 3. FOR ALL OTHER COMPANIES EXCEPT THOSE NOTED IN PARAGRAPH 2 ABOVE, YOU ARE TO ASSESS COUNTERVAILING DUTIES AT RATES EQUAL TO THE CASH DEPOSIT OF ESTIMATED COUNTERVAILING DUTIES AT THE TIME OF ENTRY ON THE SPECIFIED MERCHANDISE EXPORTED ON OR AFTER JANUARY 1, 1996 AND ON OR BEFORE DECEMBER 31, 1996. 4. IN ADDITION, AS A RESULT OF THE DECISION UPON REMAND, THE CASH DEPOSIT RATE FOR PIPE AND TUBE ESTABLISHED IN MESSAGE NO. 8113111 FOR BORUSAN IHRACAT ITHALAT VE DAGITIM OF 3.10 PERCENT IS HEREBY CHANGED TO 2.85 PERCENT. THE CASH DEPOSIT RATE FOR BORUSAN BIRLESIK BORU FABRIKALARI A.S. HAS BEEN ESTABLISHED AT 0.00 PERCENT IN MESSAGE NO. 0236205 DATED 8/23/2000. 5. THE ASSESSMENT OF COUNTERVAILING 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, OR ASSESS INTEREST ON UNDERPAYMENTS, 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 PAYMENT OF ESTIMATED COUNTERVAILING 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. 6. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE EXPORTED ON OR BEFORE DECEMBER 31, 1996 IS NOW LIFTED FOR ALL EXPORTERS . LIQUIDATION INSTRUCTIONS FOR ALL SHIPMENTS OF PIPE AND TUBE AND LINE PIPE FOR THE PERIOD 1/1/1999 THROUGH 12/31/1999 WERE ISSUED IN MESSAGE NUMBER 0153210, DATED 6/1/2000. SUSPENSION OF LIQUIDATION FOR ALL ENTRIES OF PIPE AND TUBE EXPORTED AFTER 12/31/1999 WILL CONTINUE. THE SUSPENSION OF LIQUIDATION FOR SHIPMENTS OF LINE PIPE AFTER 12/31/1999 ARE TERMINATED DUE TO SUNSET REVOCATION OF THE ORDER IN PART EFFECTIVE 1/1/2000, AS EXPLAINED IN MESSAGE NUMBER 0014217, DATED 1/14/2000. 7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA EMAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT STEPHANIE MOORE OF AD/CVD ENFORCEMENT OFFICE VI, GROUP II, IMPORT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, (202) 482-3692. 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ