ADMIN REVIEW & LIQUIDATION INSTRUCTIONS FOR INDUSTRIAL PHOSPHORIC ACID FROM ISRAEL (A-508-604)

MESSAGE NO: 5135115 DATE: 05 15 1995 CATEGORY: ADA TYPE: ADL REFERENCE: REFERENCE DATE: CASES: A - 508 - 604 - - - - - - - - - - PERIOD COVERED: 08 01 1991 TO 07 31 1993 LIQ SUSPENSION DATE: TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS DISTRICT, AREA AND PORT DIRECTORS FROM: DIRECTOR, TECHNICAL PROGRAMS RE: ADMIN REVIEW & LIQUIDATION INSTRUCTIONS FOR INDUSTRIAL PHOSPHORIC ACID FROM ISRAEL (A-508-604) 1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER OF JUNE 22, 1994 THE FINAL RESULTS OF THE ADMINISTRATIVE REVIEWS OF THE ANTIDUMPING DUTY ORDER ON INDUSTRIAL PHOSPHORIC ACID FROM ISRAEL. THE REVIEWS COVER THE PERIODS AUGUST 1, 1991 THROUGH JULY 31, 1992 AND AUGUST 1, 1992 THROUGH JULY 31, 1993. 2. IMPORTS COVERED BY THE REVIEWS ARE SHIPMENTS OF ISRAELI INDUSTRIAL PHOSPHORIC ACID (IPA). DURING THE REVIEW PERIODS SUCH MERCHANDISE WAS CLASSIFIABLE UNDER ITEM NUMBER 2809.20.00 OF THE HARMONIZED TARIFF SCHEDULE. 3. FOR SHIPMENTS OF IPA FROM ISRAEL ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR AFTER JUNE 22, 1994, A CASH DEPOSIT IS REQUIRED FOR THE FOLLOWING MANUFACTURERS/EXPORTERS: A-508-604-000 ALL OTHER RATE 1.77 PERCENT A-508-604-002 HAIFA CHEMICALS 6.82 PERCENT 4. FOR OTHER PREVIOUSLY REVIEWED COMPANIES NOT NAMED ABOVE, THE CASH DEPOSIT RATE IS THE RATE PROVIDED IN THE AD/CVD MODULE. 5. FOR ALL OTHER ISRAELI MANUFACTURERS OF IPA, THE CASH DEPOSIT REQUIRED IS 1.77 PERCENT. 6. THESE CASH DEPOSIT REQUIREMENTS WILL REMAIN IN EFFECT UNTIL PUBLICATION OF THE FINAL RESULTS OF THE NEXT ADMINISTRATIVE REVIEW. 7. FOR ALL SHIPMENTS OF INDUSTRIAL PHOSPHORIC ACID FROM ISRAEL MANUFACTURED BY HAIFA CHEMICALS (A-508-604-002) WHICH WERE ENTERED DURING THE PERIOD AUGUST 1, 1991 THROUGH JULY 31, 1993, ANTIDUMPING DUTIES SHOULD BE ASSESSED AT THE RATE OF 6.82 PERCENT AD VALOREM. 8. 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. 9. 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. SECTION 778 REQUIRES THAT CUSTOMS PAY INTEREST ON OVERPAYMENS, OR ASSESS INTEREST ON UNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMUPING 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. 10. WHENEVER THE USE OF THESE INSTRUCTIONS RESULTS IN THE ASSESSMENT OF ANTIDUMPING DUTIES, REQUIRE OF THE IMPORTER, PRIOR TO LIQUIDATION, THE REIMBURSEMENT STATEMENT DESCRIBED IN SECTION 353.26 OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY SUMMARY. IF THE IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER FAILS TO RESPOND TO YOUR REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES. 11. YOU MAY RELEASE APPRAISED VALUES TO THE INDIVIDUAL IMPORTER CONCERNED OR HIS AUTHORIZED REPRESENTATIVE, YOU MAY NOT RELEASE ANY DETAILS OF THE CALCULATIONS OF APPRAISED VALUES WITHOUT AUTHORIZATION OF CUSTOMS SERVICE HEADQUARTERS. 12. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE SUPEVISORY CHANNELS, TECHNICAL PROGRAMS, ANTIDUMPING/COUNTERVAILING DUTY, USING ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT THE OFFICE OF COUNTERVAILING COMPLIANCE, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-2786 NANCY MCTIERNAN