CLARIFICATION OF MESSAGE 9275112 DATED 10/02/1998, LIQUIDATION INSTRUCTIONS FOR PASTA FROM ITALY (C-475-819)

MESSAGE NO: 9296112 DATE: 10 23 1998 CATEGORY: CVD TYPE: COR REFERENCE: 9275112 REFERENCE DATE: 10 02 1998 CASES: C - 475 - 819 - - - - - - - - - - PERIOD COVERED: 01 01 1997 TO 12 31 1997 LIQ SUSPENSION DATE: TO: CMC DIRECTORS, PORT DIRECTORS FROM: DIRECTOR, IMPORT OPERATIONS RE: CLARIFICATION OF MESSAGE 9275112 DATED 10/02/1998, LIQUIDATION INSTRUCTIONS FOR PASTA FROM ITALY (C-475-819) 1. IN PARAGRAPH 2. OF THE MESSAGE REFERENCED ABOVE, WE STATE THAT FOR CALENDAR YEAR 1997, CUSTOMS OFFICERS ARE TO ASSESS COUNTERVAILING DUTIES AT THE CASH DEPOSIT RATE IN EFFECT ON THE DATE OF ENTRY SUMMARY WITH THE EXCEPTION OF ENTRIES FROM THE 11 LISTED FIRMS. FOUR LINES BELOW THIS STATEMENT, HOWEVER, THE MESSAGE SPECIFIES A CASH DEPOSIT RATE OF 3.85 PERCENT. DUTIES SHOULD BE ASSESSED AT THE 3.85 PERCENT RATE ONLY FOR PRODUCERS OR EXPORTERS THAT DO NOT HAVE THEIR OWN RATE EITHER FROM THE ORIGINAL INVESTIGATION OR FROM THE FIRST ADMINISTRATIVE REVIEW. THE CASH DEPOSIT RATE OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY SUMMARY SHOULD REFLECT WHETHER A PRODUCER OR EXPORTER HAS ITS OWN RATE OR IS SUBJECT TO THE ALL OTHER RATE OF 3.85 PERCENT. 2. THEREFORE, FOR COUNTERVAILING DUTY PURPOSES, LIQUIDATE ENTRIES MADE DURING CALENDAR YEAR 1997 AT THE CASH DEPOSIT RATE OR THE BONDING RATE IN EFFECT ON THE DATE OF ENTRY SUMMARY, EXCEPT FOR THE 11 FIRMS LISTED IN THE REFERENCED MESSAGE. THESE FIRMS ARE CURRENTLY SUBJECT TO A REVIEW FOR CALENDAR YEAR 1997. WE NOTE THAT BEFORE ENTRIES CAN BE FINALLY LIQUIDATED, APPLICABLE ANTIDUMPING DUTIES NEED ALSO TO BE ASSESSED. 3. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT VINCE KANE, AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, DEPARTMENT OF COMMERCE AT (202) 482-2815. 4. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ