PARTIAL LIQ ON POLYETHYLENE TEREPHETHALATE FILM, SHEET & STRIP TER OF ADMIN REVIEW COVERING 6/1/92-5/31/93 FROM JAPAN (A-588-814-003

MESSAGE NO: 5129111 DATE: 05 09 1995 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 588 - 814 - - - - - - - - - - PERIOD COVERED: 06 01 1992 TO 05 31 1993 LIQ SUSPENSION DATE: TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS DISTRICT DIRECTORS, AREA AND PORT DIRECTORS FROM: DIRECTOR, TRADE COMPLIANCE DIVISION RE: PARTIAL LIQ ON POLYETHYLENE TEREPHETHALATE FILM, SHEET & STRIP TER OF ADMIN REVIEW COVERING 6/1/92-5/31/93 FROM JAPAN (A-588-814-003 1. ON 01/31/95, THE DEPARTMENT OF COMMERCE TERMINATED THE ADMINISTRATIVE REVIEW COVERING THE PERIOD 06/01/92 THROUGH 05/31/93 FOR THE FOLLOWING POLETHYLENE TEREPHETHALATE FILM, SHEET AND STRIP ORDERS FOR DAIFOIL CO., LTD.: JAPAN DIAFOIL A-588-814-003 2. IN ACCORDANCE WITH SECTION 353.22(E) OF THE COMMERCE REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THE SUBJECT MERCHANDISE FROM THE ABOVE-LISTED FIRMS WHICH WAS ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 6/1/92 THROUGH 5/31/93, AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. 3. THIS E-MAIL MESSAGE CONSTITUTES THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE FIRMS AND MERCHANDISE LISTED ABOVE DURING THE INDICATED PERIOD. 4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISION OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIIRES THAT CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES.THE INTEREST PROVISIONS ARE 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. 5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 353.26 OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUITES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, TECHNICAL PROGRAMS, ANTIDUMPING/COUNTERVAILING DUTY, USING ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT ARTHUR DUBOIS AT 202-482-6312,OFFICE OF ANTIDUMPING COMPLIANCE, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 7. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS TELEX. NANCY MCTIERNAN