LIQUIDATION INSTRUCTIONS FOR STAINLESS STEEL BAR FROM INDIA PRODUCED OR EXPORTED BY FERRO ALLOYS CORP., LTD., ISIBARS LTD., OR PANCHMAHAL STEEL LTD. (A-533-810)

MESSAGE NO: 4021212 DATE: 01 21 2004 CATEGORY: ADA TYPE: LIQ REFERENCE: 2305203 REFERENCE DATE: 11 01 2002 CASES: A - 533 - 810 - - - - - - - - - - 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 STAINLESS STEEL BAR FROM INDIA PRODUCED OR EXPORTED BY FERRO ALLOYS CORP., LTD., ISIBARS LTD., OR PANCHMAHAL STEEL LTD. (A-533-810) 1. ON MARCH 7, 2002, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER (67 FR 10377) ITS NOTICE OF PRELIMINARY RESULTS AND PARTIAL RESCISSION OF THE ANTIDUMPING DUTY REVIEW ON STAINLESS STEEL BAR FROM INDIA (A-533-810), IN WHICH IT PARTIALLY RESCINDED THE REVIEW WITH RESPECT TO THE COMPANIES LISTED BELOW. ACCORDINGLY, FOR ALL SHIPMENTS OF STAINLESS STEEL BAR FROM INDIA PRODUCED OR EXPORTED BY THE MANUFACTURERS LISTED BELOW, AND ENTERED AND WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 02/01/2000 THROUGH 01/31/2001, EXCEPT FOR MERCHANDISE ENTERED BY, THROUGH, OR ON BEHALF OF THE VIRAJ GROUP (SEE PARAGRAPH 2), ASSESS AN ANTIDUMPING DUTY LIABILITY EQUAL TO THE CASH DEPOSIT RATE OR BONDING RATE REQUIRED AT THE TIME OF ENTRY. FERRO ALLOYS CORPORATION LIMITED CUSTOMS ID: A-533-810-005 ISIBARS LIMITED CUSTOMS ID: A-533-810-007 PANCHMAHAL STEEL LIMITED CUSTOMS ID: A-533-810-006 2. IN ACCORDANCE WITH A PRELIMINARY INJUNCTION ISSUED BY THE COURT OF INTERNATIONAL TRADE ON 09/25/2002 (SEE MESSAGE NO. 2305203, DATED 11/01/2002), DO NOT LIQUIDATE ENTRIES OF SUBJECT MERCHANDISE PRODUCED OR EXPORTED BY VIRAJ FORGINGS, LTD., VIRAJ ALLOYS, LTD., OR VIRAJ IMPOEXPO, LTD. (COLLECTIVELY, "THE VIRAJ GROUP") THAT WERE ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD FEBRUARY 1, 2000 THROUGH JANUARY 31, 2001. 3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE FOR THE PERIOD LISTED ABOVE EXCEPT FOR THE VIRAJ GROUP (SEE PARAGRAPH 2). FOR ALL OTHER SHIPMENTS OF STAINLESS STEEL BAR FROM INDIA YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES. 4. 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 U.S. CUSTOMS AND BORDER PROTECTION 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. 5. 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 DEPARTMENT OF COMMERCE 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. 6. 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 G1O1:CK). 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA