MESSAGE NO: 8351202 DATE: 12/16/2008

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-533-820

PERIOD COVERED: 12/01/2006 TO 11/30/2007

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: RESCISSION OF ADMIN REV HOT-ROLLED CARBON STEEL FLAT, PRODUCTS FROM
INDIA (A-533-820) ISPAT INDUSTRIES, (A-533-820-001), TATA STEEL & JSW
STEEL (A-533-820-000)

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

1\. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER

ON CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA

(A-533-820), COVERING THE PERIOD 12/01/2006 THROUGH 11/30/2007,

HAS BEEN RESCINDED FOR FIRMS LISTED BELOW BECAUSE THEY REPORTED

TO COMMERCE THAT THEY HAD NO SHIPMENTS OF SUBJECT MERCHANDISE

DURING THE PERIOD.

ISPAT INDUSTRIES LIMITED A-533-820-001

(ISPAT)

TATA STEEL LIMITED A-533-820-000

(TATA STEEL LTD.)

JSW STEEL LIMITED A-533-820-000

(JSW STEEL LTD.)

2\. AS A RESULT OF COMMERCE\'S CLARIFICATION OF ITS ASSESSMENT

REGULATION ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS OF

CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA

PRODUCED BY FIRMS LISTED ABOVE, ENTERED OR WITHDRAWN FROM

WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 12/01/2006 THROUGH

11/30/2007, AND EXPORTED BY FIRMS OTHER THAN THE RESCINDED

FIRMS LISTED ABOVE, ASSESS ANTIDUMPING DUTIES AT THE ALL-OTHERS

RATE IN EFFECT ON THE DATE OF ENTRY. THE ALL-OTHERS RATE FOR

CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA IS

23.87 PERCENT.

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

ENTRIES OF THE MERCHANDISE FOR THE PERIOD LISTED ABOVE OCCURRED

WITH THE PUBLICATION OF THE NOTICE OF THE RESCISSION, IN PART,

OF THE ADMINISTRATIVE REVIEW (73 FR 65291 ON NOVEMBER 3, 2008).

FOR ALL OTHER SHIPMENTS OF CERTAIN HOT-ROLLED CARBON STEEL

FLAT PRODUCTS FROM INDIA YOU SHALL CONTINUE TO COLLECT CASH

DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT

THE CURRENT RATES.

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

BY THIS INSTRUCTION.

5\. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER

PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE

PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION

778 REQUIRES THAT CBP PAYS INTEREST ON OVERPAYMENTS OR ASSESSES

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 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 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 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 O3:JZ).

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

INFORMATION.

DAVID M. GENOVESE