NOTIFICATION OF PARTIAL TERMINATION OF ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON CERTAIN CIRCULAR WELDED NON-ALLOY STEEL PIPE FROM KOREA (A-580-809)

MESSAGE NO: 8345113 DATE: 12 11 1997 CATEGORY: ADA TYPE: OTH REFERENCE: REFERENCE DATE: CASES: A - 580 - 809 - - - - - - - - - - PERIOD COVERED: 04 28 1992 TO 10 31 1993 LIQ SUSPENSION DATE: TO: CMC DIRECTORS, PORT DIRECTORS FROM: DIRECTOR, IMPORT OPERATIONS RE: NOTIFICATION OF PARTIAL TERMINATION OF ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON CERTAIN CIRCULAR WELDED NON-ALLOY STEEL PIPE FROM KOREA (A-580-809) 1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON CERTAIN CIRCULAR WELDED NON-ALLOY STEEL PIPE FROM KOREA (A-580-809), COVERING THE PERIOD 04/28/92 THROUGH 10/31/93, WAS TERMINATED IN PART BECAUSE THE SOLE REQUEST FOR REVIEW OF THIS COMPANY WAS WITHDRAWN IN A TIMELY MANNER. THE NOTICE OF PARTIAL TERMINATION OF ADMINISTRATIVE REVIEW WAS PUBLISHED IN THE FEDERAL REGISTER ON 10/27/97 (62 FR 55574). 2. ACCORDINGLY, FOR ALL SHIPMENTS OF CERTAIN CIRCULAR WELDED NON-ALLOY STEEL PIPE FROM KOREA MANUFACTURED/EXPORTED BY HYUNDAI STEEL PIPE CO., LTD. (A-580-809-001), ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 04/28/92 THROUGH 09/16/92, ASSESS A DUMPING LIABILITY EQUAL TO THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY SUMMARY, EXCEPT IF PARAGRAPH 4 IS APPLICABLE. 3. FOR ALL SHIPMENTS OF CERTAIN CIRCULAR WELDED NON-ALLOY STEEL PIPE FROM KOREA MANUFACTURED/EXPORTED BY HYUNDAI STEEL PIPE CO., LTD., ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 09/17/92 THROUGH 10/31/93, ASSESS A DUMPING LIABILITY EQUAL TO 4.62 PERCENT OF THE ENTERED CUSTOMS VALUE, EXCEPT IF PARAGRAPH 4 IS APPLICABLE. THESE ENTRIES WERE PREVIOUSLY COVERED BY A PRELIMINARY INJUNCTION (SEE E-MAIL #5180111), WHICH HAS BEEN LIFTED. THE 4.62 PERCENT RATE IS IN ACCORDANCE WITH THE AMENDED FINAL DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF CERTAIN CIRCULAR WELDED NON-ALLOY STEEL PIPE FROM KOREA, WHICH WAS PUBLISHED IN THE FEDERAL REGISTER ON 11/03/95 (60 FR 55833). 4. IF A BOND OR CASH DEPOSIT WAS COLLECTED AS SECURITY FOR AN ESTIMATED ANTIDUMPING DUTY FOR ANY SHIPMENT OF MERCHANDISE DESCRIBED IN PARAGRAPHS 2 OR 3 THAT WAS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 04/28/92 THROUGH 11/03/92, ASSESS A DUMPING LIABILITY EQUAL TO THE PERCENTAGE INDICATED IN PARAGRAPHS 2 OR 3 OF THE ENTERED CUSTOMS VALUE OR EQUAL TO THE AMOUNT OF THE BOND OR CASH DEPOSIT, WHICHEVER IS LESS. 5. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES. 6. 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 OR BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY ORDER, WHICH IS NOVEMBER 2, 1992. 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 INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD. 7. 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. 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. IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT MARK ROSS AT 202-482-1757, OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 9. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION. PAUL SCHWARTZ