LIQUIDATION INSTRUCTIONS FOR CARBON STEEL BUTT-WELD PIPE FITTINGS FROM THAILAND PRODUCED BY THAI BENKAN COMPANY, LTD. (A-549-807)

MESSAGE NO: 3051203 DATE: 02 20 2003 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 549 - 807 - - - - - - - - - - PERIOD COVERED: 07 01 2000 TO 06 30 2001 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTIONS FOR CARBON STEEL BUTT-WELD PIPE FITTINGS FROM THAILAND PRODUCED BY THAI BENKAN COMPANY, LTD. (A-549-807) 1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER 02/07/2003 (68 FR 6904), THE FINAL RESULTS OF ITS ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER (A-549-807) ON CARBON STEEL BUTT-WELD PIPE FITTINGS FROM THAILAND FOR THE 07/01/2000 - 06/30/2001 PERIOD. 2. IMPORTS COVERED BY THE REVIEW ARE SHIPMENTS OF CERTAIN CARBON STEEL BUTT-WELD PIPE FITTINGS, HAVING AN INSIDE DIAMETER OF LESS THAN 14 INCHES, IMPORTED IN EITHER FINISHED OR UNFINISHED FORM. THESE FORMED OR FORGED PIPE FITTINGS ARE USED TO JOIN SECTIONS IN PIPING SYSTEMS WHERE CONDITIONS REQUIRE PERMANENT, WELDED CONNECTIONS, AS DISTINGUISHED FROM FITTINGS BASED ON OTHER FASTENING METHODS (E.G., THREADED, GROOVED, OR BOLTED FITTINGS). CARBON STEEL PIPE FITTINGS ARE CURRENTLY CLASSIFIED UNDER SUBHEADING 7307.93.30 OF THE HARMONIZED TARIFF SCHEDULE (HTS). 3. FOR ALL SHIPMENTS OF CARBON STEEL BUTT-WELD PIPE FITTINGS FROM THAILAND PRODUCED AND/OR EXPORTED BY THAI BENKAN COMPANY, LTD., IMPORTED BY BENKAN AMERICA, INC., ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 07/01/2000 THROUGH 06/30/2001, ASSESS AN ANTIDUMPING LIABILITY OF 52.60 PERCENT OF THE ENTERED VALUE. 4. FOR ALL SHIPMENTS OF CARBON STEEL BUTT-WELD PIPE FITTINGS FROM THAILAND PRODUCED AND/OR EXPORTED BY THAI BENKAN COMPANY, LTD., AND IMPORTED BY ENTITIES OTHER THAN BENKAN AMERICA, INC., AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 07/01/2000 THROUGH 06/30/2001, ASSESS ANTIDUMPING DUTIES AT THE CASH DEPOSIT RATE IN EFFECT ON THE DATE OF THE ENTRY. 5. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE. FOR ALL OTHER SHIPMENTS OF CARBON STEEL BUTT-WELD PIPE FITTINGS FROM THAILAND YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES. 6. 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 UNDER PAYMENTS 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. 7. 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. 8. 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 ZEV PRIMOR AT 202-482-4114, AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA