MESSAGE NO: 8329203 DATE: 11/24/2008

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-462-305

PERIOD COVERED: 09/01/2007 TO 08/31/2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: AUTOMATIC LIQUIDATION INSTRUCTIONS FOR SILICOMANGANESE, FROM UKRAINE
(A-462-305)., LIQUIDATE ALL ENTRIES FOR ALL FIRMS.

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

1\. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT

ADMINISTRATIVE REVIEWS OF ANTIDUMPING FINDINGS/DUTY ORDERS.

INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION

351.213 OF THE COMMERCE DEPARTMENT REGULATIONS.

2\. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR

AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON

SILICOMANGANESE FROM UKRAINE COVERING THE PERIOD 09/01/2007

THROUGH 8/31/2008 (A-462-305). THEREFORE, IN ACCORDANCE WITH

SECTION 351.212(c) OF THE COMMERCE DEPARTMENT REGULATIONS,

YOU ARE TO ASSESS ANTIDUMPING DUTIES ON ALL MERCHANDISE

ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE

CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY.

PRODUCT: SILICOMANGANESE

COUNTRY: UKRAINE

CASE NUMBER: A-462-305

PERIOD: 09/01/2007 THROUGH 08/31/2008

LIQUIDATE ALL ENTRIES FOR ALL FIRMS.

3\. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES

COVERED BY THIS INSTRUCTION.

4\. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF

ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 09/01/2007

THROUGH 08/31/2008 OCCURRED WITH THE PUBLICATION OF THE

NOTICE OF INITIATION OF ADMINISTRATIVE REVIEWS FOR THE

09/2008 ANNIVERSARY MONTH (73 FR 64305, OCTOBER 29, 2008).

FOR ALL OTHER SHIPMENTS OF SILICOMANGANESE FROM UKRAINE YOU

SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED

ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES OF THE SUBJECT

MERCHANDISE AT THE CURRENT RATES.

5\. THE ASSESSMENT OF ANTIDUMPING DUTIES BY U.S. CUSTOMS AND

BORDER PROTECTION (CBP) 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 CBP 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. 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.

6\. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE

THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS

DESCRIBED IN SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT

REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT

STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER

CERTIFIES THAT IT HAS AN AGREEMENT WITH THE MANUFACTURER,

PRODUCER, SELLER, OR EXPORTER TO BE REIMBURSED ANTIDUMPING

DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE

WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE

IMPORTER DOES NOT PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO

LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE

ANTIDUMPING DUTIES DUE.

7\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP

OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE

CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD

OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE

ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984

OR (202) 482-3577 RESPECTIVELY (GENERATED BY O5:DD).

8\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS

INFORMATION.

DAVID M. GENOVESE