CSMS Message: 03-001859

Title:USE OF SEB FOR AD/CVD RATES
Date:2003-07-25
To:abi
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TO: ALL INTERIM DIRECTORS, FIELD OPERATIONS TRADE PARTICIPANTS

FROM: EXECUTIVE DIRECTOR, TRADE COMPLIANCE AND FACILIATION
OFFICE OF FIELD OPERATIONS

SUBJ: USE OF SINGLE ENTRY BONDS (SEB) FOR AD/CVD RATES OF
5% OR GREATER, AMENDED, TO INCLUDE MORE SPECIFIC
COUTERVAILING LANGUAGE

THESE INSTRUCTIONS ARE INTENDED TO SERVE AS A REMINDER TO ALL FIELD
LOCATIONS OF THE NEED FOR SINGLE ENTRY BONDS ON ENTRY SUMMARIES WHEN THE
AD/CVD MEETS OR EXCEEDS 5 PERCENT. THE SEB IS IN ADDITION TO AN
IMPORTER'S CONTINUOUS BOND AND SERVES TO PROVIDE ADEQUATE COVERAGE
FOR AD/CVD DUTIES IN THOSE INSTANCES WHERE THE DEPARTMENT OF COMMERCE
INSTRUCTIONS ALLOW FOR BONDING.

IN ACCORDANCE WITH TREASURY DECISION 85-145; AS WELL AS PART IX
OF THE ANTIDUMPING AND COUNTERVAILING DUTY HANDBOOK FOR IMPORT
SPECIALISTS, DATED MARCH 1998, CBP WILL ACCEPT THE CONTINUOUS BOND AS
INSURANCE FOR THE NORMAL ENTRY REQUIREMENTS BUT NOT FOR THE DUTY
LIABILITY ESTABLISHED BY THE AD/CVD MERCHANDISE.

A SEB IN THE FULL AMOUNT OF THE "ESTIMATED WEIGHTED AVERAGE DUMPING
MARGIN" OR "ESTIMATED ALL OTHERS RATE," OR "ESTIMATED INDIVIDUAL
COUNTERVAILING SUBSIDY RATE" OR "ESTIMATED ALL OTHERS RATE" OR
WHICHEVER IS APPLICABLE IS REQUIRED " FOR ALL ENTRY SUMMARIES WITH
WITH AD/CVD MERCHANDISE WHERE DOC PERMITS BONDING. DOC HAS FINAL
AUTHORITY TO DETERMINE THE APPLICABILITY OF THE CONTINUOUS BOND IN
INSTANCES WHERE THE AD/CVD RATE MEETS OR EXCEEDS 5 PERCENT.
CBP HAS NO DISCRETION TO WAIVE A SEB IN THIS INSTANCE. DOC FIELD
INSTRUCTIONS SHOULD CONTAIN SPECIFIC LANGUAGE AS TO THE BONDS.

QUESTIONS REGARDING THIS MEMORANDUM SHOULD BE DIRECTED TO MS.
CHRISTINE FURGASON AT (202) 927-2293.

/S/

ELIZABETH G. DURANT