[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Notices]
[Pages 50390-50391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17045]


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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