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CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A-533-810
PERIOD COVERED: 05/23/2005
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: ANTIDUMPING FINAL SCOPE RULING ON STAINLESS STEEL BAR, FROM INDIA (A-533-810) MANUFACTURED IN THE UNITED ARAB, EMIRATES (UAE) WITH STAINLESS STEEL WIRE ROD FROM INDIA
1. ON 05/23/2005, IN RESPONSE TO A REQUEST BY MUKAND INTERNATIONAL, LTD , THE DEPARTMENT OF COMMERCE ISSUED A FINAL SCOPE RULING THAT STAINLESS STEEL BAR MANUFACTURED IN THE UNITED ARAB EMIRATES ("UAE") OUT OF STAINLESS STEEL WIRE ROD THAT IS MANUFACTURED IN INDIA IS NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER/FINDING COVERING STAINLESS STEEL BAR FROM INDIA (A-533-810).
2. THE COMMERCE DEPARTMENT HAS DETERMINED THAT STAINLESS STEEL BAR MANUFACTURED IN THE UAE OUT OF STAINLESS STEEL WIRE ROD THAT IS MANUFACTURED IN INDIA HAS UNDERGONE SUBSTANTIAL TRANSFORMATION OF ONE PRODUCT INTO A NEW AND DISTINCT PRODUCT. THEREFORE, STAINLESS STEEL BAR MANUFACTURED IN THE UAE IS NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING STAINLESS STEEL BAR FROM INDIA.
3. EFFECTIVE 05/23/2005, TERMINATE SUSPENSION AND LIQUIDATE ALL UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE AND WITHOUT REGARD TO ANTIDUMPING DUTIES, OF STAINLESS STEEL BAR MANUFACTURED IN THE UAE, WHICH WAS MANUFACTURED FROM STAINLESS STEEL WIRE ROD ORIGINATING IN INDIA. THESE INSTRUCTIONS APPLY ONLY TO STAINLESS STEEL BAR MANUFACTURED IN THE UAE.
4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS RELATING TO THE STAINLESS STEEL BAR MANUFACTURED IN THE UAE WHICH WAS MANUFACTURED FROM STAINLESS STEEL WIRE ROD ORIGINATING IN INDIA.
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 PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON UNDER PAYMENTS, 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. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF STAINLESS STEEL BAR SUBJECT TO THE ANTIDUMPING DUTY ORDER COVERING STAINLESS STEEL BAR FROM INDIA.
7. WE HAVE INTERPRETED THE SCOPE OF THE ANTIDUMPING DUTY ORDER ON STAINLESS STEEL BAR FROM INDIA AS NOT INCLUDING STAINLESS STEEL BAR MANUFACTURED IN THE UAE. THUS, THE INJUNCTIONS COVERING STAINLESS STEEL BAR FROM INDIA DO NOT APPLY TO STAINLESS STEEL BAR MANUFACTURED IN THE UAE.
8. 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 ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O1:YB).
9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA