SCOPE RULING ON SBTS FM JAPAN REQUESTED BY IWATSU ELECTRIC COMPANY & IWATSU AMERICA (A-588-809-003)

MESSAGE NO: 5170112 DATE: 06 19 1995 CATEGORY: ADA TYPE: SCO REFERENCE: REFERENCE DATE: CASES: A - 588 - 809 - - - - - - - - - - PERIOD COVERED: 05 16 1995 TO LIQ SUSPENSION DATE: TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS DISTRICT, AREA AND PORT DIRECTORS FROM: DIRECTOR, TECHNICAL PROGRAMS RE: SCOPE RULING ON SBTS FM JAPAN REQUESTED BY IWATSU ELECTRIC COMPANY & IWATSU AMERICA (A-588-809-003) 1. ON MAY 16, 1995, IN RESPONSE TO A REQUEST BY IWATSU, THE DEPARTMENT OF COMMERCE (DOC) ISSUED A SCOPE RULING THAT IWATSU'S IX-EDVIF AND IX-8SUBS-2 CIRCUIT CARDS ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING SBTS FROM JAPAN (A-588-809-003). 2. THE DOC DETERMINED THAT IWATSU'S IX-EDVIF AND IX-8SUBS-2 CIRCUIT CARDS MEET THE DESCRIPTION OF A DUAL-USE ITEM WHICH IS EXCLUDED FROM THE SCOPE OF THE ORDER. THEREFORE, IWATSU'S IX-EDVIF and IX-8SUBS-2 CIRCUIT CARDS ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING SBT'S FROM JAPAN. 3. EFFECTIVE MAY 16, 1995, TERMINATE SUSPENSION AND LIQUIDATE ALL UNLIQUIDATED ENTRIES SUMMARIES, REGARDLESS OF ENTRY SUMMARY DATE OF IWATSU'S IX-EDVIF AND IX-8SUBS-2 CIRCUIT CARDS LISTED ABOVE. 4. REFUND ANY CASH DEPOSITS AND RELEASE ANY BONDS RELATING TO THE CIRCUIT CARDS LISTED ABOVE. 5. THE REFUND OF CASH DEPOSITS 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. 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. 6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF SBTS SUBJECT TO THE ANTIDUMPING DUTY ORDER COVERING SBTS FROM JAPAN. 7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, THEY SHOULD BE FORWARDED VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, TECHNICAL PROGRAMS, ANTIDUMPING/COUNTERVAILING DUTY USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT JOSEPH HANLEY ON 202-482-3058, OFFICE OF ANTIDUMPING COMPLIANCE, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE. 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. NANCY MCTIERNAN