FINAL RESULTS FOR INDUSTRIAL PHOSPHORIC ACID FROM ISRAEL (C-508-605) CHANGE IN CASH DEPOSIT RATE & LIQUIDATION INSTRUCTIONS

MESSAGE NO: 9302212 DATE: 10 29 1999 CATEGORY: CVD TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: C - 508 - 605 - - - - - - - - - - PERIOD COVERED: 01 01 1997 TO 12 31 1997 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL RE: FINAL RESULTS FOR INDUSTRIAL PHOSPHORIC ACID FROM ISRAEL (C-508-605) CHANGE IN CASH DEPOSIT RATE & LIQUIDATION INSTRUCTIONS 1. THE DEPARTMENT COMPLETED ITS ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON INDUSTRIAL PHOSPHORIC ACID FROM ISRAEL FOR THE JANUARY 1, 1997 THROUGH DECEMBER 31,1997 PERIOD, AND PUBLISHED THE FINAL RESULTS IN THE FEDERAL REGISTER ON SEPTEMBER 13, 1999 (64 FR 49460). 2. IMPORTS COVERED BY THE REVIEW ARE SHIPMENTS OF INDUSTRIAL PHOSPHORIC ACID FROM ISRAEL. SUCH MERCHANDISE IS CLASSIFIABLE UNDER ITEM NUMBER 2809.20.00 OF THE HARMONIZED TARIFF SCHEDULE (HTS). THE HTS ITEM NUMBER IS PROVIDED FOR CONVENIENCE AND U.S. CUSTOMS SERVICE PURPOSES. THE WRITTEN DESCRIPTION REMAINS DISPOSITIVE. 3. THE NET SUBSIDY WAS FOUND TO BE 5.65 PERCENT AD VALOREM FOR ROTEM-AMFERT NEGEV LTD., (C-508-605-002) FOR THE PERIOD JANUARY 1, 1997- DECEMBER 31, 1997. 4. ACCORDINGLY, FOR SHIPMENTS OF INDUSTRIAL PHOSPHORIC ACID FROM ISRAEL, ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER SEPTEMBER 13, 1999, A CASH DEPOSIT IS REQUIRED FOR THE FOLLOWING MANUFACTURER/EXPORTER: ID NUMBER COMPANY NUMBER RATE ^C-508-605-002|ROTEM-AMFERT NEGEV LTD. 5.65 PERCENT CONTINUE TO COLLECT CASH DEPOSITS FOR NON-REVIEWED COMPANIES AT THE MOST RECENT COMPANY-SPECIFIC OR COUNTRY-WIDE RATE APPLICABLE TO THE COMPANY. 5. YOU ARE ALSO NOW INSTRUCTED TO ASSESS COUNTERVAILING DUTIES OF 5.65 PERCENT OF THE ENTERED VALUE ON ROTEM-AMFERT NEGEV'S SHIPMENTS OF THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JANUARY 1, 1997 AND ON OR BEFORE DECEMBER 31, 1997. 6. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CUSTOMS SERVICE ON SHIPMENTS OR 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 COUNTERVAILING DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED COUNTERVAILING DUTIES BEFORE THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF ESTIMATED COUNTERVAILING 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. 7. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE EXPORTED ON OR BEFORE DECEMBER 31, 1997 IS LIFTED. SUSPENSION OF LIQUIDATION FOR ALL ENTRIES OF THIS MERCHANDISE EXPORTED AFTER DECEMBER 31, 1997 WILL CONTINUE, AS INDICATED ABOVE. 8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA EMAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT DANA MERMELSTEIN, THE OFFICE OF AD/CVD ENFORCEMENT VII, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, (202) 482-3208. 8. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION. PAUL SCHWARTZ