PARTIAL RESCISSION OF THE AD ADMIN REV OF HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA (A-533-820) PROD'D OR SOLD BY TATA IRON AND STEEL COMPANY

MESSAGE NO: 6109202 DATE: 04 19 2006 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 533 - 820 - - - - - - - - - - PERIOD COVERED: 05 03 2001 TO 11 30 2002 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: PARTIAL RESCISSION OF THE AD ADMIN REV OF HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA (A-533-820) PROD'D OR SOLD BY TATA IRON AND STEEL COMPANY 1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA (SUBJECT MERCHANDISE) COVERING THE PERIOD 05/03/2001 THROUGH 11/30/2002 HAS BEEN RESCINDED WITH RESPECT TO TATA IRON AND STEEL COMPANY LTD. (TATA) (A-533-820-000). THIS ADMINISTRATIVE REVIEW HAS BEEN RESCINDED WITH RESPECT TO TATA BECAUSE TATA WITHDREW ITS REQUEST TO BE REVIEWED AND NO OTHER PARTY REQUESTED AN ANTIDUMPING DUTY ADMINISTRATIVE REVIEW OF TATA. THEREFORE, FOR ALL SHIPMENTS OF SUBJECT MERCHANDISE PRODUCED OR SOLD BY TATA IRON AND STEEL COMPANY LTD. (AS INDICATED ON THE COMMERCIAL INVOICE OR CUSTOMS DOCUMENTATION) AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 05/03/2001 THROUGH 11/30/2002 ASSESS ANTIDUMPING DUTIES AT THE CASH DEPOSIT RATE OR BONDING RATE REQUIRED AT THE TIME OF ENTRY. 2. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION FOR ENTRIES OF SUBJECT MERCHANDISE PRODUCED OR SOLD BY TATA IRON AND STEEL COMPANY LTD. (AS INDICATED ON THE COMMERCIAL INVOICE OR CUSTOMS DOCUMENTATION) AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 05/03/2001 THROUGH 11/30/2002 OCCURRED WITH THE PUBLICATION OF THE NOTICE OF PARTIAL RESCISSION OF THE ADMINISTRATIVE REVIEW ON 12/23/2003 (68 FR 74209). YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR SUBJECT MERCHANDISE AT THE CURRENT RATES. 3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER PROTECTION ("CBP") ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON UNDER PAYMENTS, 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 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. 4. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER CERTIFIES THAT IT HAS AN AGREEMENT WITH THE EXPORTER TO BE REIMBURSED ANTIDUMPING DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER DOES NOT RESPOND TO YOUR FORMAL REQUEST FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577, RESPECTIVELY. (GENERATED BY O4:MAB) 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA