MESSAGE NO: 9050202 DATE: 2/19/2009

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-533-820

PERIOD COVERED: 12/01/2007 TO 11/30/2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR CERTAIN HOT-ROLLED CARBON, STEEL FLAT
PRODUCTS FROM INDIA (A-533-820) EXCEPTING, SEVERAL FIRMS (ISPAT, ESSAR,
TATA, JSW)

1\. COMMERCE DOES NOT AUTOMATICALLY CONDUCT ADMINISTRATIVE

REVIEWS OF ANTIDUMPING FINDINGS/DUTY ORDERS. INSTEAD, REVIEWS

MUST BE REQUESTED PURSUANT TO SECTION 751(a)(1) OF THE TARRIFF

ACT OF 1930, AS AMENDED, AND IN ACCORDANCE WITH SECTION

351.213

OF COMMERCE\'S REGULATIONS.

2\. COMMERCE HAS NOT RECEIVED A REQUEST FOR AN ADMINISTRATIVE

REVIEW OF THE ANTIDUMPING DUTY FINDING/ORDER FOR THE PERIODS

AND ON THE MERCHANDISE LISTED BELOW, EXCEPT FOR THE FIRMS

NOTED. THEREFORE, IN ACCORDANCE WITH SECTION 351.212(c) OF

COMMERCE\'S REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES

ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR

CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON

THE DATE OF ENTRY.

PRODUCT: CERTAIN HOT-ROLLED CARBON STEEL FLAT

PRODUCTS

COUNTRY: INDIA

CASE NUMBER: (A-533-820)

PERIOD: 12/01/2007-11/30/2008

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

COMPANY: ISPAT INDUSTRIES LTD.

CASE NUMBER: A-533-820-001

COMPANY: ESSAR STEEL LIMITED (ESSAR STEEL LTD.)

CASE NUMBER: A-533-820-002

COMPANY: TATA STEEL LIMITED (TATA STEEL LTD.)

CASE NUMBER: A-533-820-003

(SOME ENTRIES FROM THIS COMPANY MAY HAVE COME

IN UNDER A-533-820-000)

COMPANY: JSW STEEL LIMITED (JSW STEEL LTD.)

CASE NUMBER: A-533-820-004

(SOME ENTRIES FROM THIS COMPANY MAY HAVE COME

IN UNDERA-533-820-000)

3\. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED

BY THIS INSTRUCTION.

4\. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE

LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE

COMPLETION OF THE ANTIDUMPING REVIEW. CONTINUE TO SUSPEND

LIQUIDATION OF ALL ENTRIES OF MERCHANDISE EXPORTED OR PRODUCED

BY THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE,

FOR CONSUMPTION DURING THIS PERIOD.

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

ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 12/01/2007

THROUGH 11/30/2008 OCCURRED WITH THE PUBLICATION OF THE NOTICE

OF INITIATION OF ADMINISTRATIVE REVIEW FOR THE 12/2008

ANNIVERSARY MONTH (74 FR 5821, 2/2/2009). FOR ALL OTHER

SHIPMENTS OF CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS YOU

SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH

DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT

THE CURRENT RATES.

6\. THE ASSESSMENT OF ANTIDUMPING DUTIES BY 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.

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

THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS

DESCRIBED IN SECTION 351.402(f)(2) OF COMMERCE\'S 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 AND/OR COUNTERVAILING

DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING AND/OR INCREASE THE

ANTIDUMPING DUTY BY THE AMOUNT OF THE COUNTERVAILING 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 AND/OR COUNTERVAILING DUTIES DUE.

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

OFFICERS, THE IMPORTING PUBLIC OR INTERSTED PARTIES, PLEASE

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

OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE

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

OR (203) 482-3577 RESPECTIVELY (GENERATED BY O3:GL).

9\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

DAVID M. GENOVESE