CASH DEPOSIT INSTRUCTIONS FOR ELEMENTAL SULPHUR FROM CANADA (A-122-047)

MESSAGE NO: 6074111 DATE: 03 14 1996 CATEGORY: ADA TYPE: ADM REFERENCE: REFERENCE DATE: CASES: A - 122 - 047 - - - - - - - - - - PERIOD COVERED: 12 01 1991 TO 11 30 1992 LIQ SUSPENSION DATE: TO: CMC DIRECTORS, PORT DIRECTORS FROM: DIRECTOR, TECHNICAL PROGRAMS RE: CASH DEPOSIT INSTRUCTIONS FOR ELEMENTAL SULPHUR FROM CANADA (A-122-047) 1. THE DEPARTMENT OF COMMERCE HAS COMPLETED ITS ADMINISTRATIVE REVIEW OF THE ANTIDUMPING FINDING ON ELEMENTAL SULPHUR FROM CANADA FOR THE PERIOD 12/01/91 THROUGH 11/30/92 (61 FR 8239). 2. FOR SHIPMENTS OF ELEMENTAL SULPHUR FROM CANADA ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 03/04/96, A CASH DEPOSIT IS REQUIRED FOR THE FOLLOWING MANUFACTURERS/EXPORTERS: A-122-047-100 Husky Oil Ltd. 7.17% A-122-047-023 Mobil Oil 7.17% A-122-047-027 Petrosul 7.17% A-122-047-101 Brimstone Export 28.9% A-122-047-086 Burza Resources 28.9% A-122-047-009 Canamex 28.9% A-122-047-080 Delta Marketing 28.9% A-122-047-097 Drummond Oil & Gas 28.9% A-122-047-038 Fanchem 28.9% A-122-047-028 Real International Marketing 28.9% A-122-047-102 Saratoga Processing Co. 28.9% A-122-047-042 Sulbow Minerals 28.9% 3. FOR OTHER PREVIOUSLY REVIEWED COMPANIES NOT NAMED ABOVE, THE CASH DEPOSIT RATE IS THE RATE PROVIDED IN THE ANTIDUMPING DUTY MODULE. 4. FOR ALL OTHER MANUFACTURERS/EXPORTERS OF ELEMENTAL SULPHUR, THE CASH DEPOSIT REQUIRED IS 5.56 PERCENT. 5. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM OTHER THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS APPLY: A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE HAS ITS OWN RATE, USE THE EXPORTER'S RATE FOR DETERMINING THE CASH DEPOSIT RATE. B. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE ITS OWN RATE, BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH DEPOSIT RATE WILL BE THE MANUFACTURER'S RATE. C. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY HAS ITS OWN RATE, OR THE MANUFACTURER IS UNKNOWN, USE THE NEW ALL OTHERS RATE FOR ESTABLISHING THE CASH DEPOSIT RATE. BASED ON THE COURT OF INTERNATIONAL TRADE'S DECISION IN FLORAL TRADE COUNCIL V. UNITED STATES, 822 F.SUPP. 766 (CIT 1993) AND FEDERAL-MOGUL CORPORATION AND THE TORRINGTON COMPANY V. UNITED STATES, 822 F.SUPP. 782 (CIT 1993), THE DEPARTMENT HAS DETERMINED THAT IT IS APPROPRIATE TO ADOPT THE "NEW SHIPPER" RATE OF 5.56 PERCENT ESTABLISHED IN ELEMENTAL SULPHUR FROM CANADA; FINAL RESULTS OF ADMINISTRATIVE REVIEW OF ANTIDUMPING FINDING, 48 FR 53592 (NOVEMBER 28, 1983) AS THE "ALL OTHER" RATE FOR THIS FINDING. 6. THESE CASH DEPOSIT REQUIREMENTS WILL REMAIN IN EFFECT UNTIL PUBLICATION OF THE FINAL RESULTS FOR THE NEXT ADMINISTRATIVE REVIEW. DO NOT LIQUIDATE ANY ENTRIES COVERED BY THIS REVIEW UNTIL YOU HAVE RECEIVED LIQUIDATION INSTRUCTIONS. 7. THERE WERE NO SHIPMENTS OF ELEMENTAL SULPHUR REPORTED TO HAVE BEEN EXPORTED BY ALBERTA ENERGY CO., LTD., ALLIED CORPORATION, AND NORCEN ENERGY RESOURCES DURING THE PERIOD 12/01/91 THROUGH 11/30/92. COMMERCE CONFIRMED THE ABSENCE OF SUCH ENTRIES IN MESSAGE 5304111 ON 10/31/94. THEREFORE, COMMERCE DOES NOT INTEND TO ISSUE LIQUIDATION INSTRUCTIONS FOR THESES EXPORTERS FOR THIS PERIOD. 8. 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 THE ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT THOMAS O. BARLOW AT 202-482-0410, OF THE OFFICE OF ANTIDUMPING COMPLIANCE, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. NANCY MCTIERNAN