NOTICE OF PARTIAL REVOCATION AND CASH DEPOSIT INSTRUCTIONS FOR LARGE POWER TRANSFORMERS FROM ITALY (A-475-031)

MESSAGE NO: 7122111 DATE: 05 02 1997 CATEGORY: ADA TYPE: ADM REFERENCE: REFERENCE DATE: CASES: A - 475 - 031 - - - - - - - - - - PERIOD COVERED: 06 01 1994 TO 05 31 1995 LIQ SUSPENSION DATE: TO: CMC DIRECTORS, PORT DIRECTORS FROM: DIRECTOR, IMPORT OPERATIONS RE: NOTICE OF PARTIAL REVOCATION AND CASH DEPOSIT INSTRUCTIONS FOR LARGE POWER TRANSFORMERS FROM ITALY (A-475-031) 1. THE DEPARTMENT OF COMMERCE HAS COMPLETED ITS ADMINISTRATIVE REVIEW OF THE ANTIDUMPING FINDING ON LARGE POWER TRANSFORMERS FROM ITALY FOR THE PERIOD JUNE 1, 1994 THROUGH MAY 31, 1995, AND PUBLISHED THE FINAL RESULTS IN THE FEDERAL REGISTER ON JANUARY 24, 1997 (62 FR 3661). 2. FOR SHIPMENTS OF LARGE POWER TRANSFORMERS FROM ITALY ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JANUARY 24, 1997, COLLECT A CASH DEPOSIT AS INDICATED BELOW. 3. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM OTHER THAN TAMINI COSTRUZIONI ELECTTROMECCANICHE S.R.L. ( TAMINI) (SEE PARAGRAPH 6, BELOW, FOR INSTRUCTIONS ON MERCHANDISE PRODUCED BY TAMINI), 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 ALL OTHERS RATE FOR ESTABLISHING THE CASH DEPOSIT RATE. 4. FOR ALL OTHER ITALIAN MANUFACTURERS/EXPORTERS OF LARGE POWER TRANSFORMERS, THE CASH DEPOSIT REQUIRED IS 92.47 PERCENT. 5. THESE CASH DEPOSIT REQUIREMENTS WILL REMAIN IN EFFECT UNTIL PUBLICATION OF THE FINAL RESULTS FOR THE NEXT ADMINISTRATIVE REVIEW. 6. THE DEPARTMENT HAS DETERMINED TO REVOKE THE ORDER WITH RESPECT TO TAMINI. THIS REVOCATION APPLIES TO ALL ENTRIES OF THE SUBJECT MERCHANDISE ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JUNE 1, 1995. THEREFORE, CUSTOMS IS DIRECTED TO TERMINATE THE SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF LARGE POWER TRANSFORMERS MANUFACTURED/SHIPPED/EXPORTED BY TAMINI ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JUNE 1, 1995, AND TO LIQUIDATE SUSPENDED ENTRY SUMMARIES WITHOUT REGARD TO ANTIDUMPING DUTIES. 7. 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 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 BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY FINDING. 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. 8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, IMPORT OPERATIONS, ANTIDUMPING/COUNTERVAILING DUTY, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT ANDREA CHU AT 202-482-4794, OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ (ACTING)