Message body
Full text as published by U.S. Customs and Border Protection
1.
This is a correction to message 2325203, dated 11/21/2002 to correct the inadvertent omission of the introductory paragraph regarding the conclusive court decision and subsequent dissolution of the applicable injunction.
In addition, this message corrects paragraph 3 of message 2189203, dated 07/08/2002, which incorrectly stated that the basis for assessment of countervailing duties is the estimated countervailing duties at the time of entry, instead of the amended cash deposit rate.
Further, message 2189203 incorrectly stated in paragraph 4 that the rates listed in that paragraph are the rates of estimated countervailing duties which were required to be deposited, instead of indicating that the listed rates are the amended cash deposit rates, which are applicable for the liquidation of entries for the period 01/01/2000 through 12/31/2000.
2.
Paragraph 3 below provides the information explaining the resolution of the court case and the dissolution of the related injunction.
Paragraph 6 below correctly identifies the applicable countervailing duty rate for assessment for the period 01/01/2000 through 12/31/2000.
Below is the fully corrected message.
3.
On 11/13/2000, the U.S. Court of International Trade (CIT) issued a final and conclusive decision in the case of LaClede Steel Co., et al., v. United States (Consol. Court No. 93-09-00569).
As a result of this decision, the injunction referenced in message 5339116 dated 12/05/1994, which enjoined liquidation on entries of certain corrosion-resistant carbon steel flat products from Korea covered by the countervailing duty order published on 08/17/1993, was dissolved.
4.
On 03/27/2001, the Department of Commerce published in the Federal Register (66 FR 16656), Certain Cold-Rolled and Corrosion-Resistant Carbon Steel Flat Products From Korea: Amended Final Affirmative Countervailing Duty Determinations in Accordance with Decision Upon Remand (C-580-818) (CBP case number C-580-208).
5.
The merchandise covered by these instructions is certain corrosion-resistant carbon steel flat products from Korea.
These products include flat-rolled carbon steel products, of rectangular shape, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-aluminum-, nickel- or iron-based alloys, whether or not corrugated or painted, varnished or coated with plastics or other nonmetallic substances in addition to the metallic coating, in coils (whether or not in successively superimposed layers) and of a width of 0.5 inch or greater, or in straight lengths which, if of a thickness less than 4.75 millimeters, are of a width of 0.5 inch or greater and which measures at least 10 times the thickness or if of a thickness of 4.75 millimeters or more are of a width which exceeds 150 millimeters and measures at least twice the thickness, as currently classifiable in the HTS under item numbers:
7210.31.0000, 7210.39.0000, 7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.60.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.90000, 7212.21.0000, 7212.29.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.5000, 7217.12.1000, 7217.13.1000, 7217.19.1000, 7217.19.5000, 7217.22.5000, 7217.23.5000, 7217.29.1000, 7217.29.5000, 7217.32.5000, 7217.33.5000, 7217.39.1000, and 7217.39.5000.
6.
Commerce did not receive a request for an administrative review of the countervailing duty order on certain corrosion-resistant carbon steel flat products from Korea (C-580-208) for the period 01/01/2000-12/31/2000.
Therefore, in accordance with the Amended Final Affirmative Countervailing Duty Determinations in Accordance with Decision Upon Remand (66 FR 16656), you are to assess countervailing duties for all shipments of certain corrosion-resistant carbon steel flat products from Korea exported on or after 01/01/2000 and on or before 12/31/2000 at the following rates:
Company Name:
All Others
Company Number:
C-580-208-000
Rate: 1.15%
Company Name:
Pohang Iron & Steel Co., Ltd. (POSCO)
Company Number: C-580-208-001
Rate: 1.15%
Company Name:
Dongbu Steel Co., Ltd. (Dongbu)
Company Number: C-580-208-002
Rate: 1.15%
Company Name:
Union Steel Manufacturing
Company Number: C-580-208-003
Excluded
7. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 6 occurred on 10/01/2001, the publication of the initiation of administrative review for the 08/2001 anniversary month (66 FR 49924, 10/01/2001).
In addition, due to a sunset revocation, CBP was instructed to terminate the suspension of liquidation and liquidate without regard to countervailing duties all shipments of corrosion resistant carbon steel flat products from the Republic of Korea that entered on or after 2/14/2012 (see message 3098302, dated 04/08/2013).
8.
The assessment of countervailing duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended.
Section 778 requires that CBP 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.
9.
If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984.
CBP ports should submit their inquiries through authorities CBP channels only.
(This message was generated by CLU:GL).
10. There are no restrictions on the release of this information.
Michael B. Walsh