MESSAGE NO: 8359210 DATE: 12/24/2008

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-351-832

PERIOD COVERED: 10/01/2007 TO 09/30/2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: AUTOMATIC LIQUIDATION INSTRUCTIONS FOR CARBON & ALLOY, STEEL WIRE
ROD FROM BRAZIL (A-351-832) LIQUIDATE ALL, ENTRIES FOR ALL FIRMS.
LIFTING OF SUSPENSION 11/24/2008

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

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 TARIFF

ACT OF 1930 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. 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ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN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: CARBON AND CERTAIN ALLOY STEEL WIRE ROD

COUNTRY: BRAZIL

CASE NUMBER: A-351-832

PERIOD 10/01/2007 THROUGH 09/30/2008

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 10/01/2007

THROUGH 09/30/2008 OCCURRED WITH THE PUBLICATION OF THE NOTICE

OF INITIATION OF ADMINISTRATIVE REVIEW FOR THE 10/2008

ANNIVERSARY MONTH (73 FR 70964, 11/24/2008). FOR ALL OTHER

SHIPMENTS OF CARBON AND CERTAIN ALLOY STEEL WIRE ROD FROM

BRAZIL YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO

COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE

MERCHANDISE AT THE CURRENT RATES.

5\. 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 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 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 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 DUTIES 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.

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 THE 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 01:JS).

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

INFORMATION.

DAVID M. GENOVESE