LIQUIDATION INSTRUCTIONS FOR EXTRUDED RUBBER TREAD FROM MALAYSIA (C-557-806)

MESSAGE NO: 5243111 DATE: 08 31 1995 CATEGORY: CVD TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: C - 557 - 806 - - - - - - - - - - PERIOD COVERED: 01 01 1992 TO 12 31 1992 LIQ SUSPENSION DATE: TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS DISTRICT, AREA AND PORT DIRECTORS FROM: DIRECTOR, TECHNICAL PROGRAMS RE: LIQUIDATION INSTRUCTIONS FOR EXTRUDED RUBBER TREAD FROM MALAYSIA (C-557-806) 1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER OF APRIL 6, 1995 (60 FR 17515) THE FINAL RESULTS OF ITS ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON EXTRUDED RUBBER THREAD FROM MALAYSIA. THE PERIOD OF REVIEW IS JANUARY 1, 1992 THROUGH DECEMBER 31, 1992 AND AFFECTS ENTRIES MADE ON OR AFTER MARCH 31, 1992 AND BEFORE APRIL 28, 1992, AND ALL ENTRIES MADE ON OR AFTER AUGUST 25, 1992 WHICH WERE EXPORTED BEFORE JANUARY 1, 1993. 2. IMPORTS COVERED BY THE REVIEW ARE SHIPMENTS OF EXTRUDED RUBBER THREAD FROM MALAYSIA AS CLASSIFIED UNDER THE HARMONIZED TARIFF SCHEDULE ITEM NUMBER 4007.00.00. 3. THE TOTAL BOUNTY OR GRANT WAS FOUND TO BE 3.30 PERCENT FOR ALL FIRMS FOR THE PERIOD JANUARY 1, 1992 THROUGH DECEMBER 31, 1992. 4. ACCORDINGLY, YOU ARE TO LIQUIDATE AND ASSESS COUNTERVAILING DUTIES OF 3.30 PERCENT OF THE F.O.B. INOVICE PRICE ON ALL SHIPMENTS OF THIS MERCHANDISE FROM MALAYSIA ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MARCH 31, 1992 AND BEFORE APRIL 28, 1992, AND ON ALL SHIPMENTS OF THE SUBJECT MERCHANDISE ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER AUGUST 25, 1992 AND EXPORTED ON OR BEFORE DECEMBER 31, 1992. ENTRIES OF MERCHANDISE ENTERED ON OR AFTER APRIL 28, 1992 AND BEFORE AUGUST 25, 1992 ARE TO BE LIQUIDATED WITHOUT REGARD TO COUNTERVAILING DUTIES. 5. THE ASSESSMENT OF COUNTERVALING 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 COUNTERVALING DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS ESTOMATED COUNTERVALING DUTIES BEFORE THE DATE OF PUBLICATION THE COUNTERVALING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATED COUNTERVALING DUTIES IS REQUIRED THROUGH THE DATE OF LIQUIDATION. THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE ATE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD. THEREFORE, NO INTEREST SHOULD BE COLLECTED OR PAID ON ENTRIES OR WITHDRAWALS MADE ON OR AFTER MARCH 31, 1992 AND BEFORE AUGUST 25, 1992. 6. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE EXPORTED ON OR BEFORE DECEMBER 31, 1992 IS LIFTED. SUSPENSION OF LIQUIDATION FOR ALL ENTRIES OF THIS MERCHANDISE EXPORTED AFTER DECEMBER 31, 1992 WILL CONTINUE. 7. BECAUSE ONE PROGRAM WAS ELIMINATED, THE CASH DEPOSIT RATE DIFFERS FROM THE ASSESSMENT RATE. ACCORDINGLY, CUSTOMS OFFICERS SHALL COLLECT CASH DEPOSITS OF ESTIMATED COUNTERVAILING DUTIES OF 3.18 PERCENT AD VALOREM OF THE F.O.B. INVOICE PRICE ON ALL SHIPMENTS OF THIS MERCANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER APRIL 6, 1995. THIS CASH DEPOSIT REQUIREMENT WILL REMAIN IN EFFECT UNTIL PUBLICATION OF THE FINAL RESULTS OF THE NEXT ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON THIS MERCHANDISE. 8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA EMAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, TECHNICAL PROGRAMS, ANTIDUMPING/COUNTERVAILING DUTY USING "HQ OAB". THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT THE OFFICE OF COUNTERVAILING COMPLIANCE, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE, (202) 482-2786. 9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. NANCY MCTIERNAN