This is an addition to J&J International Trade Notice 2002-10 issued earlier today. In that notice I made mention to the fact that U.S Customs would not collect on duty liabilities accrued since last September. It has came to our attention that with a "Threat of Injury" finding, it is still possible for U.S. Customs to collect these preliminarily collected duties.

Title VII of the Tariff Act of 1930 § 706(b) 1 & 2 and § 736(b) 1 & 2 allows for two separate types of "Threat of Injury" determinations. There is the threat of injury where actual injury could have been determined if it wasn't for the suspension of liquidation ordered on subject merchandise. If this form of threat is determined to exist, all preliminarily collected duties will be collected.

The other form of threat of injury is that where the suspension of liquidation ordered on subject merchandise played no part in the International Trade Commission's inability to determine if actual injury existed. If this form of injury is found, all preliminarily collected duties will not be collected.

I phoned the ITC earlier this afternoon, and was informed that this decision was up to each individual commissioner and had not yet been determined. In response to my asking when this information would be available, he advised that it should be available on the 16^th of May when they turn their formal submission in to the Department of Commerce.

I apologize for the oversight in our earlier trade notice, and any inconveniences that this may have caused you. We do hope however that our prompt reconciliation of this oversight will still allow you and your respective companies, adequate time to take the necessary steps and precautions required by this recently uncovered bit of information.

Should you have any questions regarding this information, please do not hesitate to contact me.