AMENDMENT OF THE ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF CERTAIN POLYESTER STAPLE FIBER FROM REPUBLIC OF KOREA (A-580-839)

MESSAGE NO: 4037204 DATE: 02 06 2004 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 580 - 839 - - - - - - - - - - PERIOD COVERED: 11 08 1999 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: AMENDMENT OF THE ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF CERTAIN POLYESTER STAPLE FIBER FROM REPUBLIC OF KOREA (A-580-839) 1. ON DECEMBER 24, 2003, THE DEPARTMENT OF COMMERCE PUBLISHED A NOTICE OF AMENDED FINAL DETERMINATION AND AMENDED ORDER PURSUANT TO FINAL COURT DECISION (68 FR 74552). 2. AS A RESULT OF THIS AMENDED FINAL DETERMINATION, GEUM POONG CORPORATION LTD. ("GEUM POONG") (A-580-839-003) IS EXCLUDED FROM THE ANTIDUMPING DUTY ORDER AND NO SUSPENSION OF LIQUIDATION IS REQUIRED. FOR ALL SHIPMENTS OF CERTAIN POLYESTER STAPLE FIBER FROM THE REPUBLIC OF KOREA PRODUCED OR EXPORTED BY GEUM POONG, CUSTOMS IS DIRECTED TO DISCONTINUE ANY SUSPENSION OF LIQUIDATION FOR SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER NOVEMBER 8, 1999, AND TO RELEASE ANY BOND OR OTHER SECURITY, AND REFUND ANY CASH DEPOSIT. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT APPLY TO ENTRIES BEFORE MAY 25, 2000, THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY ORDER. 3. FOR ENTRIES OF SUBJECT MERCHANDISE PRODUCED OR EXPORTED BY GEUM POONG, ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER NOVEMBER 8, 1999, LIQUIDATE, WITHOUT REGARD TO ANTIDUMPING DUTIES. 4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF GEUM POONG ENTRIES FOR THE MERCHANDISE AND PERIOD LISTED 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. CUSTOMS AND BORDER PROTECTION ("CBP") 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. 6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS 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:AM). 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA