LIQUIDATION INSTRUCTIONS FOR CERTAIN FORGED STAINLESS STEEL FLANGES FROM INDIA PRODUCED BY VARIOUS FIRMS FOR 02/01/2000 THROUGH 01/31/2001 (A-533-809)

MESSAGE NO: 3343201 DATE: 12 09 2003 CATEGORY: ADA TYPE: LIQ REFERENCE: 2280217 REFERENCE DATE: 10 07 2002 CASES: A - 533 - 809 - - - - - - - - - - PERIOD COVERED: 02 01 2000 TO 01 31 2001 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTIONS FOR CERTAIN FORGED STAINLESS STEEL FLANGES FROM INDIA PRODUCED BY VARIOUS FIRMS FOR 02/01/2000 THROUGH 01/31/2001 (A-533-809) 1. THIS MESSAGE REPLACES MESSAGE 2280217 (DATED 10/07/2002), MESSAGE 2277205 (DATED 10/04/2002), AND MESSAGE 2270206 (DATED 09/27/2002), ALL OF WHICH PERTAINED TO CERTAIN FORGED STAINLESS STEEL FLANGES FROM INDIA (A-533-809) FOR THE PERIOD 02/01/2000 THROUGH 01/31/2001. 2. FOR ALL SHIPMENTS OF CERTAIN FORGED STAINLESS STEEL FLANGES FROM INDIA PRODUCED BY METAL FORGINGS PVT. LTD., ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 01/01/2001 THROUGH 01/31/2001, SEE MESSAGE NUMBER 3022203 (DATED 01/22/2003). 3. FOR ALL SHIPMENTS OF CERTAIN FORGED STAINLESS STEEL FLANGES FROM INDIA PRODUCED BY ISIBARS LTD., ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 02/01/2000 THROUGH 01/31/2001, ASSESS AN ANTIDUMPING LIABILITY OF 0.00 PERCENT OF THE ENTERED VALUE. 4. FOR ALL SHIPMENTS OF CERTAIN FORGED STAINLESS STEEL FLANGES FROM INDIA PRODUCED BY VIRAJ FORGINGS, LTD., ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 02/01/2000 THROUGH 01/31/2001, ASSESS AN ANTIDUMPING LIABILITY OF 0.00 PERCENT OF THE ENTERED VALUE. 5. FOR ALL SHIPMENTS OF CERTAIN FORGED STAINLESS STEEL FLANGES FROM INDIA PRODUCED BY PANCHMAHAL STEEL, LTD., ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 02/01/2000 THROUGH 01/31/2001, ASSESS AN ANTIDUMPING LIABILITY OF 210.00 PERCENT OF THE ENTERED VALUE. 6. FOR ALL SHIPMENTS OF CERTAIN FORGED STAINLESS STEEL FLANGES FROM INDIA PRODUCED BY PATHEJA FORGINGS AND AUTO PARTS LTD., ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 02/01/2000 THROUGH 01/31/2001, ASSESS AN ANTIDUMPING LIABILITY OF 210.00 PERCENT OF THE ENTERED VALUE. 7. FOR ALL SHIPMENTS OF CERTAIN FORGED STAINLESS STEEL FLANGES FROM INDIA, ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 02/01/2000 THROUGH 01/31/2001, THAT ARE NOT REFERENCED IN PARAGRAPHS 2 THROUGH 6 ABOVE, ASSESS ANTIDUMPING DUTIES AT THE CASH DEPOSIT RATE IN EFFECT ON THE DATE OF THE ENTRY. 8. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE. 9. THE ASSESSMENT OF ANTIDUMPING DUTIES BY U.S. CUSTOMS AND BORDER PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP 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. 10. UPON ASSESSMENT OF ANTIDUMPING DUTIES, U.S. CUSTOMS AND BORDER PROTECTION 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, U.S. CUSTOMS AND BORDER PROTECTION 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, U.S. CUSTOMS AND BORDER PROTECTION SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 11. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY U.S. CUSTOMS AND BORDER PROTECTION OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI AT OFFICE OF AD/ CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984. (GENERATED BY G308:SB). 12. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION. CATHY SAUCEDA