CORRECTION TO LIQ. INSTURCTIONS FOR DRAMS FROM KOREA PRODUCED BY HYUNDAI (A-588-212-002) OR LGS (A-588-212-001) AND EXPORTED FROM JAPAN

MESSAGE NO: 8223113 DATE: 08 11 1998 CATEGORY: ADA TYPE: COR REFERENCE: 8219115 REFERENCE DATE: 08 07 1998 CASES: A - 588 - 212 - - - - - - - - - - PERIOD COVERED: 05 01 1995 TO 04 30 1996 LIQ SUSPENSION DATE: TO: CMC DIRECTORS, PORT DIRECTORS FROM: DIRECTOR, IMPORT OPERATIONS RE: CORRECTION TO LIQ. INSTURCTIONS FOR DRAMS FROM KOREA PRODUCED BY HYUNDAI (A-588-212-002) OR LGS (A-588-212-001) AND EXPORTED FROM JAPAN 1. FOR ALL SHIPMENTS OF DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS) FROM THE REPUBLIC OF KOREA PRODUCED BY HYUNDAI ELECTRONICS INDUSTRIES, CO., LTD. (HYUNDAI) OR LG SEMICON, CO. LTD. (LGS) (FORMERLY KNOWN GOLDSTAR), ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 05/01/95 THROUGH 4/30/96. YOU MAY APPRAISE THESE SHIPMENTS AND LIQUIDATE APPLICABLE ENTRIES BY STAMPING EACH INVOICE WITH THE WORDING "NO DUMPING DUTIES DUE". 2. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO SUSPEND ENTRIES OF DRAMS PRODUCED BY HYUNDAI AND LGS AT A CASH DEPOSIT RATE OF ZERO PERCENT. 3. 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 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 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. 4. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 353.26 OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER FAILS TO RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 5. 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." IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT ROBERT BLANKENBAKER AT 202-482-0989, AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ