[Federal Register: August 26, 2005 (Volume 70, Number 165)]
[Notices]
[Page 50390-50391]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au05-116]
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DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
Entries of Antidumping and/or Countervailing Duties Destroyed
September 11, 2001
AGENCY: Customs and Border Protection; Department of Homeland Security.
ACTION: General notice.
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SUMMARY: The Bureau of Customs and Border Protection (CBP) suspends the
liquidation of entries of merchandise subject to antidumping and/or
countervailing duties (AD/CVD) until liquidation instructions are
received from the Department of Commerce. Due to the extended
liquidation cycle of AD/CVD entries, CBP is only now beginning to
receive liquidation instructions from the Department of Commerce for
many AD/CVD entries from previous years. Unfortunately, AD/CVD entry
documents which were maintained by CBP at 6 World Trade Center in New
York, New York, were destroyed in the terrorist attack of September 11,
2001. This notice announces that CBP is providing importers with the
option to provide a reconstructed entry summary package to CBP for
liquidation of these entries. Failure by the importer to provide a
reconstructed entry summary package within the time frame described in
this notice may result in liquidation by CBP of the entry, or entries,
based upon the information available within the Automated Commercial
System (ACS).
DATES: If a reconstructed entry summary package is not received by the
Bureau of Customs and Border Protection within 30 days following
publication by the Department of Commerce that suspension of the
liquidation of the subject entry, or entries, has been lifted, and the
Department of Commerce has issued final assessment instructions, CBP
will begin liquidating the entries based on the information available
in ACS.
ADDRESSES: The reconstructed entry package should be mailed to: Customs
and Border Protection, ATTN: ADCVD 6WTC Reconstructed Entry(s), 1100
Raymond Boulevard, Newark, NJ 07102.
FOR FURTHER INFORMATION CONTACT: Christine Furgason, Office of Field
Operations, (202) 344-2293. For inquiries about specific entry summary
packages: Walter Springer, Supervisory Import Specialist, Newark, N.J.,
(973) 368-6785. Importers, or their representatives, may also directly
contact the Import Specialist Teams to whom the entries were assigned.
A party making a telephonic inquiry regarding a specific entry summary
package should be prepared to provide its importer name and
identification number.
SUPPLEMENTARY INFORMATION:
Background
U.S. Antidumping and Countervailing Duty (AD/CVD) laws are intended
to
[[Page 50391]]
counter unfair trade practices that result in injury to U.S. industry.
AD/CV investigations are typically initiated by a domestic industry
or industry association, through the filing of a petition with the
Department of Commerce (DOC), alleging unfair competition by foreign
manufacturers or foreign countries. The DOC then investigates the
allegations. If DOC makes a preliminary determination that dumping or
subsidies exist, the International Trade Commission (ITC) must then
make a determination as to whether an industry in the United States is
materially injured or threatened with material injury, or whether the
establishment of an industry (in the United States), is materially
retarded by reason of the unfair competition. If final positive
determinations are made, DOC orders CBP to assess AD/CV duties at rates
determined by the DOC. The importer of record is responsible for paying
these duties.
AD duties are appropriate where the DOC determines that a foreign
firm ``dumps'' merchandise in the U.S. market, i.e. sells merchandise
in the U.S. market at a price lower than its fair value. CV duties are
appropriate when a foreign government unfairly subsidizes its
industries that export to the United States. The purpose of AD/CV
duties is to counteract the unfair advantages that the foreign
manufacturer achieves through the dumping and/or subsidy practices.
Normally, CBP, upon instructions from the DOC, suspends the
liquidation of entries of merchandise subject to additional antidumping
and/or countervailing duties until the DOC instructs CPB to remove the
suspension and liquidate the entries. Pursuant to title 19, Code of
Federal Regulations, section 159.58 (19 CFR 159.58), CBP notifies
concerned importers, consignees or their agents that liquidation of
their entries has been suspended. The length of time for which an AD/
CVD entry will be suspended depends, in part, on whether DOC conducts
an administrative review. Also, if a decision by DOC regarding AD/CVD
entries is challenged in the Court of International Trade (CIT), which
happens frequently, the length of time of the suspension of liquidation
may be increased dramatically. Consequently, liquidation of these types
of entries may occur several years after the merchandise is originally
entered and at AD/CVD rates that differ from the rate at the time of
initial entry. For this reason, CBP may need to review the physical
entry documents to determine the correct AD/CVD rate at liquidation.
Depending upon the amount of information provided by the importer to
CBP via their ABI transmission, CBP may not be able to determine
various factors that are needed to assess the final margin. These
factors may include the nature and amount of the merchandise, the
producer of the goods, and the identity of the exporter.
Upon the completion of the various investigations and reviews, it
is possible that an entry may be subject at liquidation to AD/CV duties
in addition to those already assessed, may be liquidated as entered or
may be liquidated at a different AD/CVD rate than previously deposited.
For example, if it is finally determined that the subject merchandise
was not subject to AD/CV duties, then a full refund may be in order.
Many AD/CVD entries stored at 6 World Trade Center were among those
documents destroyed in the terrorist attack on September 11, 2001. The
destroyed documents include those related to AD/CVD entries filed at
the New York Seaport (port code 1001) and Newark/Elizabeth, N.J. (port
code 4601, and sub-ports 4602, etc.). Although less likely, the
destroyed documents may also include documents related to AD/CVD
entries filed at JFK Airport/Jamaica/Queens NY, (port code 4701 and
sub-ports 4702, etc.). Due to the extended liquidation cycle of AD/CVD
entries, CBP is only now beginning to receive liquidation instructions
from the DOC for these entries. Therefore, CPB is providing importers
with the option to provide a reconstructed entry summary package to CBP
for liquidation, when the suspension of liquidation of that importer's
entry, or entries, has been lifted. Importers are provided public
notice of the lifting of liquidation suspension. Any party awaiting the
lifting of liquidation suspension by the DOC regarding its AD/CVD
entry, or entries, should review the Federal Register on a regular
basis. Any party unsure whether their entry or entries are affected by
this notice, or with any other questions regarding a specific entry
summary package, should call the appropriate telephone number provided
in this notice or should contact the Import Specialist Team(s) to whom
the entries were assigned.
Requirements; Failure To Timely Provide Reconstructed Entry Summary
Package
It is in the importer's interest to provide the reconstructed entry
summary package to CBP no later than 30 days following publication by
the DOC that suspension of liquidation of the subject entry, or
entries, has been lifted. Upon receipt of final assessment instructions
from the Department of Commerce, CBP will begin the process of
liquidating the entries based upon the information available (which may
not be complete) within the Automated Commercial System (ACS).
Protests
As usual, CBP will consider timely protests, submitted pursuant to
19 CFR, part 174, of its liquidation of any entry or entries.
Dated: August 17, 2005.
Jayson P. Ahern,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 05-17045 Filed 8-25-05; 8:45 am]
BILLING CODE 9110-06-P