LIQUIDATION AND NOTIFICATION OF RESCISSION-ANTIDUMPING ADMINISTRATIVE REVIEW OF OIL COUNTRY TUBULAR GOODS FROM MEXICO (A-201-215/A-201-817)

MESSAGE NO: 4160203 DATE: 06 08 2004 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 201 - 215 A - 201 - 817 - - - - - - - - PERIOD COVERED: 08 01 2002 TO 07 31 2003 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION AND NOTIFICATION OF RESCISSION-ANTIDUMPING ADMINISTRATIVE REVIEW OF OIL COUNTRY TUBULAR GOODS FROM MEXICO (A-201-215/A-201-817) 1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON OIL COUNTRY TUBULAR GOODS FROM MEXICO (CUSTOMS AND BORDER PROTECTION (CBP) CASE NUMBER A-201-215, COMMERCE CASE NUMBER A-201-817), COVERING THE PERIOD 08/01/2002 THROUGH 07/31/2003 WAS RESCINDED WITH RESPECT TO TUBOS DE ACERO DE MEXICO S.A. (TAMSA) ON 02/10/2004 (69 FR 6254). AFTER FORWARDING A NO-SHIPMENT INQUIRY TO THE U.S. BUREAU OF CUSTOMS AND BORDER PROTECTION AND REVIEWING ENTRY INFORMATION, COMMERCE DETERMINED THAT THE ONLY ENTRIES FOR CONSUMPTION DURING THE AFOREMENTIONED PERIOD OF TAMSA OIL COUNTRY TUBULAR GOODS WERE EXPORTED FROM A THIRD COUNTRY OR PARTY WITHOUT TAMSA'S KNOWLEDGE. 2. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT REGULATION ON 05/06/2003 (68 FR 23954), FOR ALL SHIPMENTS OF OIL COUNTRY TUBULAR GOODS FROM MEXICO, PRODUCED BY TAMSA, ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 08/01/2002 THROUGH 07/31/2003, YOU ARE TO ASSESS ANTIDUMPING DUTIES AT THE ALL OTHERS RATE OF 21.70 PERCENT. 3. THE CASH DEPOSIT RATE FOR TAMSA REMAINS UNCHANGED. 4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES. 5. THE ASSESSMENT 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, OR ASSESSES INTEREST ON UNDER PAYMENTS, 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. 6. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP 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, CBP 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, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 7. 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 G3O8: SB). 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA