ANTIDUMPING SCOPE RULING ON 3.5-INCH MICRODISKS AND COATED MEDIA THEREOF FROM JAPAN (A-588-802)

MESSAGE NO: 4037203 DATE: 02 06 2004 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 588 - 802 - - - - - - - - - - PERIOD COVERED: 01 01 2000 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: ANTIDUMPING SCOPE RULING ON 3.5-INCH MICRODISKS AND COATED MEDIA THEREOF FROM JAPAN (A-588-802) 1. ON 10/23/1996, IN RESPONSE TO A REQUEST BY TDK CORPORATION AND TDK ELECTRONICS CORPORATION ("TEC") (COLLECTIVELY, "TDK"), THE DEPARTMENT OF COMMERCE ("THE DEPARTMENT") ISSUED A FINAL SCOPE RULING THAT TDK'S COATED MEDIA WEB ROLL, NOT CUT INTO MEDIA COOKIES IS WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING 3.5-INCH MICRODISKS AND COATED MEDIA THEREOF (MICRODISKS) FROM JAPAN (A-588-802). 2. THE DEPARTMENT DETERMINED THAT TDK'S COATED MEDIA WEB ROLL, NOT CUT INTO MEDIA COOKIES IS DEDICATED FOR USE IN 3.5-INCH MICRODISKS AND, THEREFORE, FOUND THIS PRODUCT TO BE WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING MICRODISKS FROM JAPAN (A-588-802). 3. EFFECTIVE 01/01/2000, THE DEPARTMENT REVOKED THE ANTIDUMPING DUTY ORDER ON 3.5-INCH MICRODISKS AND COATED MEDIA THEREOF FROM JAPAN (A-588-802). 4. THEREFORE, CBP IS DIRECTED BY THE DEPARTMENT TO TERMINATE THE SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF TDK'S COATED MEDIA WEB ROLL, NOT CUT INTO MEDIA COOKIES LISTED ABOVE, SUBJECT TO THE ANTIDUMPING DUTY ORDER COVERING MICRODISKS FROM JAPAN (A-588-802), ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION BEFORE 01/01/2000, AND LIQUIDATE AT THE CASH DEPOSIT RATE IN EFFECT ON THE DATE OF THE ENTRY. 5. FOR ALL SHIPMENTS OF TDK'S COATED MEDIA WEB ROLL, NOT CUT INTO MEDIA COOKIES LISTED ABOVE, SUBJECT TO THE ANTIDUMPING DUTY ORDER COVERING MICRODISKS FROM JAPAN (A-588-802), ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 01/01/2000 LIQUIDATE WITHOUT REGARD TO ANTIDUMPING DUTY DUTIES (I.E., RELEASE ALL BONDS AND REFUND ALL CASH DEPOSITS). 6. FOR ALL OTHER SHIPMENTS OF TDK'S 3.5-INCH MICRODISKS AND COATED MEDIA THEREOF FROM JAPAN (A-588-802), ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 04/01/1994 BUT BEFORE 01/01/2000, LIQUIDATE AT THE CASH DEPOSIT RATE IN EFFECT ON THE DATE OF THE ENTRY. 7. HOWEVER, FOR ALL OTHER SHIPMENTS OF TDK'S 3.5-INCH MICRODISKS AND COATED MEDIA THEREOF FROM JAPAN (A-588-802), ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 01/01/2000 LIQUIDATE WITHOUT REGARD TO ANTIDUMPING DUTY DUTIES (I.E., RELEASE ALL BONDS AND REFUND ALL CASH DEPOSITS). 8. THE ASSESSEMNT OF ANTIDUMPING DUTIES BY 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 PAYS 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 OF PAYMENT OF ESTIMATED ANTIDUMPING DUTIES 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 REGARDING THIS MATTER BY CBP 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 GIIO4:RT). 10. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA