LIQUIDATION OF STAINLESS STEEL PLATE FROM BELGIUM EXPORTED BY ALZ N.V. (A-423-808)

MESSAGE NO: 2322203 DATE: 11 18 2002 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 423 - 808 - - - - - - - - - - PERIOD COVERED: 05 01 2001 TO 04 30 2002 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION OF STAINLESS STEEL PLATE FROM BELGIUM EXPORTED BY ALZ N.V. (A-423-808) 1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER, ON OCTOBER 22, 2002 (67 FR 64868), THE RESCISSION OF ITS ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER (A-423-808) ON STAINLESS STEEL PLATE IN COILS FROM BELGIUM FOR THE PERIOD MAY 1, 2001 THROUGH APRIL 30, 2002. 2. ON NOVEMBER 7, 2001 (66 FR 56272) THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER THE FINAL RESULTS FOR THE PERIOD NOVEMBER 4, 1998 THROUGH APRIL 30, 2000. HOWEVER, THE CUSTOMS MODULE ERRONEOUSLY SHOWED THE CASH DEPOSIT RATE FOR ONE COMPANY, ALZ, N.V. (A-423-808-001) AT 9.86 PERCENT. THIS WAS CORRECTED TO 24.43 PERCENT ON NOVEMBER 6, 2002. 3. FURTHER, AS A RESULT OF THIS RESCISSION, FOR ALL SHIPMENTS OF STAINLESS STEEL PLATE IN COILS FROM BELGIUM FOR THAT PERIOD, PRODUCED OR EXPORTED BY ALZ N.V. (A-423-808-001), AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD OF MAY 1, 2001 THROUGH APRIL 30, 2002, ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY SUMMARY. FOR THE PERIOD MAY 1, 2001 THROUGH NOVEMBER 6, 2001, YOU SHOULD LIQUIDATE AT 9.86 PERCENT, AND FOR THE PERIOD NOVEMBER 7, 2001 THROUGH APRIL 30, 2002 YOU SHOULD LIQUIDATE AT 24.43 PERCENT, WHICH WERE THE CASH DEPOSIT RATES THAT SHOULD HAVE BEEN IN EFFECT DURING THESE PERIODS. 4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE. FOR ALL OTHER SHIPMENTS OF STAINLESS STEEL PLATE IN COILS FROM BELGIUM, YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES. 5. 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 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. 6. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS 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 EXPORTER TO BE REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER DOES NOT RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 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 SHOULD CONTACT ELFI BLUM AT 202-482-0197, AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 8. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION. CATHY SAUCEDA