MESSAGE NO: 3290111 DATE: 10/16/1992

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-583-008

PERIOD COVERED: 10/01/1983 TO 04/30/1984

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS, DISTRICT DIRECTORS, AREA
AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: LIQUIDATION INSTRUCTIONS FOR CIRCULAR WELDED CARBON STEEL, PIPES AND
TUBES FROM TAIWAN-EXPORT/MANUFACTURED BY FEMCO

1\. FOR SHIPMENTS OF CERTAIN CIRCULAR WELDED CARBON STEEL PIPES AND
TUBES FROM TAIWAN EXPORTED/MANUFACTURED BY FAR EAST MACHINERY CO (FEMCO)
AND SOLD THROUGH/TO {PACIFIC CHAO METALS} DURING THE OCTOBER 1, 1983
THROUGH APRIL 30, 1984 PERIOD, ASSESS DUMPING DUTIES OF {US\$60.97} PER
METRIC TON FOR SUBJECT MERCHANDISE. THE INVOICE NUMBERS BETWEEN FEMCO
AND ITS CUSTOMER REPORTED FOR THESE TRANSACTIONS ARE {IM-5462 AND PC/NS
8404} AND WERE REPORTED TO HAVE BEEN MADE THROUGH THE PORT OF {LOS
ANGELES}. ALTHOUGH THE DATE OF SALE FOR THESE INVOICES (I.E., APRIL 9,
1984 FOR INVOICE IM-5462 AND APRIL 25, 1984 FOR INVOICE PC/NS 8404},
FELL WITHIN THE REVIEW PERIOD AND SHOULD BE ASSESSED DUMPING DUTIES, THE
MERCHANDISE WAS NOT SHIPPED FROM TAIWAN UNTIL AFTER THE DATE OF SALE AND
MAY NOT HAVE ENTERED THE UNITED STATES UNTIL AFTER THE REVIEW PERIOD.
MERCHANDISE SOLD TO {PACIFIC CHAO METALS BY FEMCO} PRIOR TO THE REVIEW
CORRESPONDING TO INVOICE {IM-5724} DATED {AUGUST 4, 1983} WHICH WAS
SHIPPED FROM TAIWAN DURING OCTOBER 1983, SHOULD BE LIQUIDATED WITHOUT
REGARD TO DUMPING DUTIES.

2\. FOR ALL SHIPMENTS OF CERTAIN CIRCULAR WELDED CARBON STEEL PIPES AND
TUBES FROM TAIWAN MANUFACTURED BY FEMCO AND SOLD THROUGH/TO {UNITED
CUBIC INC.} DURING THE OCTOBER 1, 1983 THROUGH APRIL 30, 1984 PERIOD,
ASSESS DUMPING DUTIES OF {US\$43.10} PER METRIC TON FOR SUBJECT
MERCHANDISE. THESE ENTRIES WERE REPORTED TO HAVE BEEN MADE THROUGH THE
PORTS OF {CAMDEN AND TAMPA}. SINCE THE SALES WERE MADE IN {MARCH AND
APRIL 1984}, THE ENTRIES MAY NOT HAVE ENTERED THE UNITED STATES UNTIL
AFTER THE REVIEW PERIOD.

3\. MERCHANDISE SOLD BY FEMCO TO/THROUGH {K. KUHN INTERNATIONAL INC.}
CORRESPONDING TO INVOICES {P44842 THROUGH P44845 DATED AUGUST 15, 1983},
WHICH WAS SHIPPED FROM TAIWAN DURING SEPTEMBER 1983 AND REPORTED AS
HAVING BEEN ENTERED THROUGH {BRIDGEPORT}, SHOULD BE LIQUIDATED WITHOUT
REGARD TO DUMPING DUTIES.

4\. MERCHANDISE COVERED BY THIS ORDER INCLUDES WELDED CARBON STEEL PIPES
AND TUBES OF CIRCULAR CROSS SECTION, WITH WALLS NOT THINNER THAN 0.065
INCHES, AND 0.375 INCHES OR MORE BUT NOT OVER 4.5 INCHES IN OUTSIDE
DIAMETER, WHICH WERE CLASSIFIABLE DURING THE REVIEW PERIOD UNDER ITEMS
610.3231, 610.3234, 610.3241, 610.3242, AND 610.3252 OF THE TARIFF
SCHEDULES OF THE UNITED STATES ANNOTATED, AND ARE CURRENTLY CLASSIFIABLE
UNDER ITEM 73067.30.50 OF THE HARMONIZED TARIFF SCHEDULE.

IN ACCORDANCE WITH C.I.E. N-15/88 DATED APRIL 21, 1988, REPORT TO
CUSTOMS SERVICE HEADQUARTERS ANY DUMPING DUTIES DUE.

5\. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE ON
ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778
OF THE TARIFF ACT OF 1930, WHICH REQUIRE INTEREST ON OVERPAYMENTS OF
UNDERPAYMENTS OF THE AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES.
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\. IMMEDIATELY FORWARD TO CUSTOMS SERVICE HEADQUARTERS ANY INFORMATION
ON FILE WHICH MIGHT AFFECT THE APPRAISED VALUES UNDER THE ANTIDUMPING
PROVISIONS, WITH AN EXPLANATION OF THE CIRCUMSTANCES UNDER WHICH IT WAS
RECEIVED. IN SUCH A CASE, SUSPEND LIQUIDATION OF THE AFFECTED ENTRIES
UNTIL A DECISION IS MADE CONCERNING THE APPLICABILITY OF THE ADDITIONAL
INFORMATION.

7\. WHERE THE USE OF THE ATTACHED INFORMATION RESULTS IN THE ASSESSMENT
OF DUMPING DUTIES, REQUIRE OF THE IMPORTER THE REIMBURSEMENT STATEMENT
DESCRIBED IN SECTION 353.26 OF THE COMMERCE DEPARTMENT REGULATIONS.
PRIOR TO APPRAISEMENT AND LIQUIDATION SUCH A STATEMENT MUST ACCOMPANY
EACH ENTRY ON WHICH DUTY IS TO BE ASSESSED. COMMERCE HAS AUTHORIZED
CUSTOMS TO DOUBLE THE ANTIDUMPING DUTIES IF THE IMPORTER FAILS TO
RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT
STATEMENT.

8\. YOU MAY RELEASE APPRAISED VALUES TO THE INDIVIDUAL IMPORTER
CONCERNED OR HIS AUTHORIZED REPRESENTATIVE. YOU MAY NOT RELEASE ANY
DETAILS OF THE CALCULATIONS OF APPRAISED VALUES WITHOUT AUTHORIZATION OF
CUSTOMS SERVICE HEADQUARTERS.

9\. EFFECTIVE AS OF THE DATE OF ISSUANCE OF THESE INSTRUCTIONS, YOU
SHOULD NO LONGER SUSPEND LIQUIDATION OF ENTRIES COVERED BY THESE
INSTRUCTIONS AND YOU SHOULD PROCEED WITH LIQUIDATION.

10\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE IMPORT SPECIALIST DIVISION, OTHER AGENCY
BRANCH VIA EMAIL ATTRIBUTE HQ OAB. THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT ARTHUR N. DUBOIS ON 202-482-8312,
OFFICE OF ANTIDUMPING COMPLIANCE, IMPORT ADMINISTRATION, DEPARTMENT OF
COMMERCE.

NANCY MCTIERNAN