MESSAGE NO: 8329206 DATE: 11/24/2008

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-455-803

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 INSTRUCTION FOR STEEL CONCRETE, REINFORCING
BARS FROM POLAND (A-455-803), (LIQUIDATE ALL ENTRIES FOR ALL FIRMS)

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

1\. COMMERCE DOES NOT AUTOMATICALLY CONDUCT ADMINISTRATIVE

REVIEWS OF ANTIDUMPING DUTY ORDERS. INSTEAD, REVIEWS

MUST BE REQUESTED PURSUANT TO SECTION 751(a)(1) AND IN

ACCORDANCE WITH SECTION 351.213 OF THE COMMERCE DEPARTMENT

REGULATIONS.

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

REVIEW OF THE ANTIDUMPING DUTY ORDER FOR THE PERIODS AND ON

THE MERCHANDISE LISTED BELOW. THEREFORE, IN ACCORDANCE WITH

SECTION 351.212(c) OF THE COMMERCE DEPARTMENT 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OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH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: STEEL CONCRETE REINFORCING BARS

COUNTRY: POLAND

CASE NUMBER: A-455-803

PERIOD: 09/1/2007-08/31/2008

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 09/1/2007

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

OF INITIATION OF ADMINISTRATIVE REVIEW FOR THE (09/2008)

ANNIVERSARY MONTH (73 FR 64305, 10/29/2008). FOR ALL OTHER

SHIPMENTS OF STEEL CONCRETE REINFORCING BARS FROM POLAND 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 CUSTOMS AND BORDER

PROTECTION 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 O1:CIH).

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

INFORMATION.

DAVID M. GENOVESE