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August 26, 2005 

CBP Issues Procedures for Reconstructed Entries Relating to Destroyed AD/CVD Documents

As a result of the terrorist attack of September 11, 2001, many import entry documents that were maintained by Customs and Border Protection (CBP) at 6 World Trade Center in New York City were destroyed. Due to the extended liquidation cycle of antidumping and countervailing duty (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.

CBP today published a notice in the Federal Register today advising importers that they have the option to provide a reconstructed entry summary package to CBP for liquidation of entries relating to these entries. Most of the affected entries related to AD/CVD entries filed at the New York Seaport (port code 1001) and Newark/Elizabeth, NJ (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.).

The notice indicates that if a reconstructed entry summary package is not received by the CBP 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. Failure by the importer to provide a reconstructed entry summary package within the 30 day time frame may result in liquidation by CBP of the entry, or entries, based upon the information available within the Automated Commercial System (ACS), which may not be complete. The reconstructed entry package should be mailed to: Customs and Border Protection, ATTN: ADCVD 6WTC Reconstructed Entry(s), 1100 Raymond Boulevard, Newark, NJ 07102.

The complete text of the notice issued by CBP can be found at the following link:
http://a257.g.akamaitech.net/7/257/2422/
01jan20051800edocket.access.gpo.gov/2005/05-17045.htm.

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