J&J
International Trade Notice 2002-6April 4, 2002
Commerce Publishes Final Determination April 2nd
Apparently, In This Case, No Further Instructions Required
In an apparent reversal of the procedures followed during the publication of Commerce’s August 17, 2001 "Preliminary Determination", where U.S. Customs informed us they had to await Commerce’s instructions as stipulated in Commerce’s announcement before Customs could publish THEIR "Effective Date" notice in the Federal Register, this time around Commerce changed their publication language to legally allow THEIR Federal Register publication of their announcement to act as the "Effective Date". In other words, as most of you have already come to understand, Customs will NOT be publishing a further announcement, but will rely on Commerce’s April 2nd Federal Register publication as the official date the Final Determination "Other Company Margin" and "Specific Company Margin" AD rates went into effect.
Shipments that crossed the border entered under I.D. Entry on or after April 2, 2002 must have bonds posted in an amount sufficient to cover the respective "Other Company Margin" or "Specific Company Margin" Final Determination AD rates. Shipments released and entered under the same I.D. Entry methodology - up to ten-working days PRIOR to April 2nd - if not submitted to Customs as an Entry Summary before April 2nd, will require postings in an amount sufficient to cover the maximum respective liability.
So that entries "Released" prior to April 2nd, but not tendered to Customs as "Entry Summaries" until after April 2nd will not have to be re-worked, with new Single Entry Bonds executed (requiring a $10.00 minimum "Revised Entry" charge), we have solicited Customs permission to tender such entries as is. Such entries involving increased Final Determination Rates, i.e., Weyerhaeuser, Abitibi and Tembec sourced materials will require revising, to include new SEB’s. In the vast majority of cases, excepting vessel arrivals, due to the $5.00 minimum, the reduced AD assessment would not equate to a bond premium saving in an amount off-setting a $10.00 "Revised Entry" charge. And Customs could only collect the amount due, not the higher bond-covered amount.
We are sorry for the delay in this "Notice". We were in direct communication with Customs Headquarters and had been informed that they would require instructions prior to publishing THEIR "Notice", which would THEN become the "Effective Date".
If you haven’t already, please provide your respective e-mail addresses so that we may provide future announcements and "Notices" in that more convenient format.
Michael D. Jones, President