LIQUIDATION INSTRUCTIONS FOR CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM THAILAND (C-549-818)

MESSAGE NO: 4133209 DATE: 05 12 2004 CATEGORY: CVD TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: C - 549 - 818 - - - - - - - - - - PERIOD COVERED: 01 01 2002 TO 12 31 2002 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTIONS FOR CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM THAILAND (C-549-818) 1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT ADMINISTRATIVE REVIEWS OF COUNTERVAILING DUTY ORDERS. INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 351.213 OF THE COMMERCE DEPARTMENT REGULATIONS. 2. THE DEPARTMENT OF COMMERCE RECEIVED A REQUEST FOR AN ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER FOR CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM THAILAND FOR THE PERIOD JANUARY 1, 2002 THROUGH DECEMBER 31, 2002, FOR SAHAVIRIYA STEEL INDUSTRIES PUBLIC COMPANY LTD. (SSI). HOWEVER, ON APRIL 19, 2004, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS RESCISSION OF THIS ADMINISTRATIVE REVIEW (69 FR 20861). THEREFORE, IN ACCORDANCE WITH SECTION 351.212(C) OF THE COMMERCE DEPARTMENT REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES ON SUBJECT MERCHANDISE PRODUCED OR EXPORTED BY ALL COMPANIES AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THIS PERIOD, AT THE CASH DEPOSIT RATE IN EFFECT ON THE DATE OF ENTRY. 3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR ALL COMPANIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED COUNTERVAILING DUTIES FOR SUBSEQUENT ENTRIES OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES. 4. THE ASSESSMENT OF COUNTERVAILING 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, AS AMENDED (THE ACT). SECTION 778 OF THE ACT REQUIRES THAT CBP PAY INTEREST ON OVERPAYMENTS AND 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. 5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI AT THE OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 (GENERATED BY G3O7:SMC). 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA