LIQUIDATION AND NOTIFICATION OF PARTIAL RESCISSION ON CERTAIN POLYESTER STAPLE FIBER FROM KOREA (A-580-839-002 AND A-580-839-005 TO A-580-839-009)

MESSAGE NO: 3169205 DATE: 06 18 2003 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 580 - 839 - - - - - - - - - - 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 AND NOTIFICATION OF PARTIAL RESCISSION ON CERTAIN POLYESTER STAPLE FIBER FROM KOREA (A-580-839-002 AND A-580-839-005 TO A-580-839-009) 1. ON JUNE 9, 2003, (68 FR 34378), THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS PRELIMINARY RESULTS OF ANTIDUMPING DUTY ADMINISTRATIVE REVIEW AND PARTIAL RESCISSION OF REVIEW ON CERTAIN POLYESTER STAPLE FIBER FROM THE REPUBLIC OF KOREA (A-580-839), IN WHICH IT PARTIALLY RESCINDED THE ADMINISTRATIVE REVIEW WITH RESPECT TO THE COMPANIES LISTED BELOW IN PARAGRAPH 3. 2. IN ACCORDANCE WITH A PRELIMINARY INJUNCTION ISSUED BY THE COURT OF INTERNATIONAL TRADE ON 10/23/2001 (SEE MESSAGE NO. ________________ 2168204, AS CORRECTED BY MESSAGE NO. 2232201), DO NOT LIQUIDATE ENTRIES OF ANY PRODUCERS OR EXPORTERS THAT WERE ENTERED BY, THROUGH, OR ON BEHALF OF STEIN FIBERS, LTD., A U.S. IMPORTER OF THE SUBJECT MERCHANDISE, AND WERE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 11/08/1999. 3. FOR ALL SHIPMENTS OF CERTAIN POLYESTER STAPLE FIBER FROM THE REPUBLIC OF KOREA PRODUCED OR EXPORTED BY THE MANUFACTURERS LISTED BELOW, AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 05/01/2001 THROUGH 04/30/2002, _________________________________________________________________ EXCEPT FOR MERCHANDISE ENTERED BY, THROUGH, OR ON BEHALF OF STEIN ____________ FIBERS LTD., ASSESS AN ANTIDUMPING DUTY LIABILITY EQUAL TO THE CASH DEPOSIT RATE OR BONDING RATE REQUIRED AT THE TIME OF ENTRY. DAEYANG INDUSTRIAL CO., LTD. (A-580-839-005) ESTAL INDUSTRY CO., LTD. (A-580-839-006) KEON BAEK CO., LTD. (A-580-839-007) MIJUNG IND. CO., LTD. (A-580-839-008) SAM YOUNG SYNTHETICS CO., LTD. (A-580-839-002) SUNGLIM CO., LTD. (A-580-839-009) 4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND ____________________________ PERIOD LISTED ABOVE EXCEPT FOR STEIN FIBERS LTD. (SEE PARAGRAPH 2 ABOVE). FOR ALL OTHER SHIPMENTS OF CERTAIN POLYESTER STAPLE FIBER FROM THE REPUBLIC OF KOREA 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 U.S. BUREAU OF CUSTOMS AND BORDER PROTECTION ("BCBP") ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT BCBP 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, BCBP 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, BCBP 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, BCBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY BCBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES SHOULD PLEASE CONTACT ANDREW MCALLISTER, AD/CVD ENFORCEMENT, GROUP I, OFFICE 1, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE, AT 202-482-1174 OR ANDREW__MCALLISTER(AT)ITA.DOC.GOV. 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA