NON-ADMIN REVIEW LIQ INSTRUCTIONS FOR STEEL PRODUCTS FROM CANADA (A-122-822 & A-122-823)

MESSAGE NO: 5030112 DATE: 01 30 1995 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 122 - 822 A - 122 - 823 - - - - - - - - PERIOD COVERED: 02 04 1993 TO 07 31 1994 LIQ SUSPENSION DATE: TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS DISTRICT DIRECTORS, AREA AND PORT DIRECTORS FROM: DIRECTOR, TRADE COMPLIANCE DIVISION RE: NON-ADMIN REVIEW LIQ INSTRUCTIONS FOR STEEL PRODUCTS FROM CANADA (A-122-822 & A-122-823) 1. THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY CONDUCTS ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY FINDINGS/ORDERS. INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 353.22 OF THE COMMERCE REGULATIONS. 2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY FINDING ORDER FOR CERTAIN PERIODS ON THE MERCHANDISE LISTED BELOW, EXCEPT FOR THE FIRMS NOTED. THEREFORE, IN ACCORDANCE WITH SECTION 353.22(e) OF THE COMMERCE REGULATIONS, YOU ARE TO ACCESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIODS LISTED BELOW AT THE CASH DEPOSIT OR BONDING RATE REQUIRED AT THE TIME OF ENTRY. CORROSION-RESISTANT CARBON STEEL PERIOD PRODUCTS FROM CANADA A-122-822 LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 2/4/93 - 7/31/94 CONTINUOUS COLOUR COAT, LTD. DOFASCO, INC. SOREVCO, INC. STELCO, INC. NOTE: INTEREST IS APPLICABLE FOR ALL ENTRIES FROM: 8/19/93 - 7/31/94 CUT-TO-LENGTH CARBON STEEL PLATE PERIOD FROM CANADA A-122-823 LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: 2/4/93 - 7/31/94 ALGOMA STEEL, INC. MANITOBA ROLLING MILLS STELCO, INC. LIQUIDATE ALL ENTRIES FOR: PERIOD IPSCO, INC. 7/9/93 - 7/31/94 NOTE: INTEREST IS APPLICABLE FOR ALL ENTRIES FROM: 8/19/93 - 7/31/94 3. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE COMPLETION OF THE ADMINISTRATIVE REVIEW, CONTINUE TO SUSPEND LIQUIDATION OF ALL ENTRIES OF MERCHANDISE EXPORTED OR PRODUCTED BY THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THIS PERIOD. 4. THIS TELEX CONSTITUTES THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIODS LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES. 5. WHENEVER THE USE OF THESE INSTRUCTIONS RESULTS IN THE ASSESSMENT OF DUMPING DUTIES YOU SHOULD REQUIRE OF THE IMPORTER PRIOR TO LIQUIDATION THE REIMBURSEMENT STATEMENT DESCRIBED IN SECTION 353.26 OF THE COMMERCE DEPARTMENT REGULATIONS. IF THE IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES OR FAILS TO RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES DUE IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. 6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES PRIOR TO THE DATE OF THE ANTIDUMPING DUTY ORDER. 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. 7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS PLEASE CONTACT VIA E-MAIL, THROUGH THE REGIONAL ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR, THE TECHNICAL PROGRAMS DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH USING ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT THE ANALYST IN CHARGE OF THE CASE ON (202) 482-3793 OFFICE OF AGREEMENTS COMPLIANCE, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 8. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS TELEX. NANCY MCTIERNAN