MESSAGE NO: 2129203 DATE: 05 09 2002
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 427 - 201 A - 427 - 203
A - 427 - 205 - -
- - - -

PERIOD COVERED: 05 01 1993 TO 04 30 1994

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR AFBS, OTHER THAN TAPERED
ROLLER BEARINGS FROM FRANCE (A-427-201, 203, 205)


1. BELOW ARE THE ONLY LIQUIDATION INSTRUCTIONS THAT HAVE BEEN
SENT TO DATE FOR AFBS (BALL BEARINGS, CYLINDRICAL ROLLER
BEARINGS AND SPHERICAL PLAIN BEARINGS) FROM FRANCE FOR THE
PERIOD 5/1/1993 THROUGH 4/30/1994: MESSAGE COMPANY
DATE NUMBER

UNREVIEWED FIRMS 03/21/96 6081113 AVIAC
08/22/01 1234201 INA 03/14/01
1073206 SKF 08/22/01 1234202
SNFA 03/06/01 1065206 SNR
04/19/02 2109202 TECHNOFAN 03/13/01
1072203

2. IF YOU ARE STILL SUSPENDING LIQUIDATION ON ANY ENTRIES OF
AFBS FROM FRANCE DURING THE PERIOD 5/1/1993 THROUGH 4/30/1994
AFTER APPLYING ALL OF THE ABOVE LIQUIDATION INSTRUCTIONS, YOU
SHOULD NOW LIQUIDATE SUCH ENTRIES AT THE DEPOSIT RATE REQUIRED
AT THE TIME OF ENTRY OF THE MERCHANDISE.

3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE
MERCHANDISE AND PERIOD LISTED ABOVE.

4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES
THAT CUSTOMS PAY INTEREST ON OVERPAYMENTS AND ASSESS INTEREST
ON UNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE
TO CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES BEFORE
THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY ORDER WHICH IS
MAY 15, 1989. INTEREST SHALL BE CALCULATED FROM THE DATE
PAYMENT OF ESTIMATED ANTIDUMPING DUTIES IS REQUIRED THROUGH THE
DATE OF LIQUIDATION. THE RATE AT WHICH SUCH INTEREST IS
PAYABLE IS THE RATE IN EFFECT UNDER SECTION 6621 OF THE
INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.

5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS
DESCRIBED IN SECTION 353.26 (1996) OF THE COMMERCE DEPARTMENT
REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER
CERTIFIES THAT IT HAS AN AGREEMENT WITH THE EXPORTER TO BE
REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE THE
ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED
REGULATION. ADDITIONALLY, IF THE IMPORTER DOES NOT RESPOND TO
YOUR FORMAL REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD PRESUME
REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING
THE ATTRIBUTE HQ OAB." IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT JENNIFER MOATS AT 202-482-5047, AD/CVD
ENFORCEMENT3, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

PAUL SCHWARTZ

NOTE: THIS MESSAGE WAS INADVERTENTLY REMOVED FROM ADIL SO HAS
BEEN REPOSTED TO ADIL ON NOVEMBER 14, 2009. DIRECTOR, TRADE
ENFORCEMENT CONTROL IS NOW SHOWN AS DIRECTOR, SPECIAL
ENFORCEMENT. THE BALANCE OF THE TEXT AND INFORMATION REMAINS
UNCHANGED AND MATCHES THE MESSAGE THAT STILL APPEARS ON THE
ADD/CVD SEARCH APPLICATION ON CBP.GOV.