MESSAGE NO: 3016203 DATE: 01 16 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 428 - 201 A - 428 - 203
- - - -
- - - -

PERIOD COVERED: 05 01 1999 TO 12 31 1999

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION OF BEARINGS FROM GERMANY (A-428-201 AND
A-428-203)



1. ON JULY 12, 2001, THE DEPARTMENT OF COMMERCE (COMMERCE)
PUBLISHED IN THE FEDERAL REGISTER ITS FINAL RESULTS OF
ANTIDUMPING DUTY ADMINISTRATIVE REVIEWS AND REVOCATION OF
ORDERS IN PART WITH RESPECT TO ANTIFRICTION BEARINGS FROM
VARIOUS COUNTRIES. AMONGST MANY COMPANIES, COMMERCE REVIEWED
ELEVEN RESELLERS.

2. FIVE OF THE REVIEWED RESELLERS DID NOT RESPOND TO COMMERCE'
S REQUEST FOR INFORMATION. AS A RESULT, COMMERCE DETERMINED TO
APPLY AN ADVERSE FACTS-AVAILABLE RATE TO ALL IMPORTS OF
MERCHANDISE FOR WHICH THOSE FIVE COMPANIES ACTED IN ANY ASPECT
OF THE TRANSACTION.

THEREFORE, AS A RESULT OF COMMERCE'S DETERMINATION, YOU SHOULD
REVIEW SUPPORTING DOCUMENTATION FOR ALL ENTRIES OF BBS AND CRBS
FROM GERMANY THAT WERE ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIOD 5/01/1999 THROUGH 04/30/2000 FOR
BBS AND 05/01/1999 THROUGH 12/31/1999 FOR CRBS. IF YOU FIND
THAT ANY OF THE COMPANIES LISTED BELOW HAD ANY INVOLVEMENT (FOR
EXAMPLE, IT ACTED AS EXPORTER, IMPORTER, OR CUSTOMER) IN THE
TRANSACTION AND FOR WHICH THE INJUNCTION BY THE COURT OF
INTERNATIONAL TRADE INJUNCTION (MESSAGE NUMBER 1332204, DATED
11/28/2001) DOES NOT APPLY, ASSESS AN ANTIDUMPING LIABILITY
EQUAL TO 70.41 PERCENT OF THE ENTERED VALUE.

COMPANY-SPECIFIC
CASE NUMBER SINCE 7/12/2001 EXPORTER, IMPORTER,
BBS OR CUSTOMER

A- 428-201-041 ALFATEAM-BELGIUM

A-428-201-042 ALFA-TEAM-GERMANY

A-428-201-043 MOTION BEARINGS

A-428-201-044 YOO SHIN COMMERCIAL COMPANY

A-428-201-045 DCD

ENTRIES ALSO MAY HAVE BEEN MADE UNDER ANY OTHER CASE NUMBER
APPLICABLE TO BBS OR CRB FROM GERMANY SO CUSTOMS OFFICERS MUST

REVIEW ALL ENTRIES FOR THE ABOVE PERIODS ENTERED UNDER A-428-
201 AND A-428-203.

3. THE SIX OTHER RESELLERS REPORTED TO COMMERCE THAT THEY MADE
NO SHIPMENTS OF SUBJECT MERCHANDISE DURING THE PERIOD 5/01/1999
THROUGH 04/30/2000. AS COMMERCE EXPLAINED IN ITS DECISION,
HOWEVER, THAT CLAIM WAS DIFFICULT TO VERIFY USING TRADITIONAL
SOURCES OF IMPORT DATA. IF IN FACT THESE SIX COMPANIES WERE
INVOLVED IN THE SHIPMENT OR IMPORTATION OF SUBJECT MERCHANDISE,
COMMERCE DETERMINED THAT APPLICATION OF AN ADVERSE FACTS-
AVAILABLE RATE IS APPROPRIATE.

THEREFORE, AS A RESULT OF COMMERCE'S DETERMINATION, YOU SHOULD
REVIEW SUPPORTING DOCUMENTATION FOR ALL ENTRIES OF BBS AND CRBS
FROM GERMANY THAT WERE ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIOD 5/01/1999 THROUGH 04/30/2000 FOR
BBS AND 05/01/1999 THROUGH 12/31/1999 FOR CRBS. IF YOU FIND
THAT ANY OF THE COMPANIES LISTED BELOW HAD ANY INVOLVEMENT (FOR
EXAMPLE, IT ACTED AS EXPORTER, IMPORTER, OR CUSTOMER) IN THE
TRANSACTION AND FOR WHICH THE INJUNCTION BY THE COURT OF
INTERNATIONAL TRADE (MESSAGE NUMBER 1332204, DATED 11/28/2001)
DOES NOT APPLY, ASSESS AN ANTIDUMPING LIABILITY EQUAL TO 70.41
PERCENT OF THE ENTERED VALUE.

COMPANY-SPECIFIC
CASE NUMBER SINCE 7/12/2001 EXPORTER, IMPORTER,
BBS OR CUSTOMER

A-428-201-046 BEARING DISCOUNT INTERNATIONAL

A-428-201-052 EURO-LATIN EXPORT SERVICES
LIMITED

A-428-201-047 REPRESENTACIONES INDUSTRIALES
RODRIQUEZ, S.A. DE C.V.

A-428-201-049 RODAMIENTOS ROVI C.A.


A-428-201-050 ROVI-MARACAY

A-428-201-051 ROVI-VALENCIA


ENTRIES ALSO MAY HAVE BEEN MADE UNDER ANY OTHER CASE NUMBER
APPLICABLE TO BBS OR CRBS FROM GERMANY SO CUSTOMS OFFICERS MUST
REVIEW ALL ENTRIES FOR THE ABOVE PERIODS ENTERED UNDER A-428-
201 AND A-428-203.

4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. FOR ALL OTHER SHIPMENTS OF BBS FROM
GERMANY FOR THE PERIOD 5/01/1999 THROUGH 04/30/2000, AND CRBS
FROM GERMANY FOR THE PERIOD 05/01/1999 THROUGH 12/31/1999,YOU
SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT
THE CURRENT RATES.

5. 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.
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.

6. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS
DESCRIBED IN SECTION 351.402(f)(2) 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.

7. 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 LYN JOHNSON AT 202-482-5287, AD/CVD
ENFORCEMENT III, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.


CATHY SAUCEDA