- Period Covered: 05/01/2001 to 04/30/2002
MESSAGE NO: 3248227
DATE: 09 05 2003
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 427 - 201
A - 428 - 201
A - 475 - 201
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PERIOD COVERED:
05 01 2001
TO
04 30 2002
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION INSTRUCTIONS FOR BALL BEARINGS AND PARTS
THEREOF FROM FRANCE, GERMANY AND ITALY EXPORTED BY
RINGBALL (A-427-201, A-428-201, A-475-201)
1. THE DEPARTMENT OF COMMERCE HAS RECEIVED REQUESTS FOR
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDERS ON BALL
BEARINGS AND PARTS THEREOF FROM FRANCE, GERMANY, AND ITALY FOR
THE PERIOD 05/01/01 THROUGH 04/30/02.
SUBSEQUENTLY, THE
DEPARTMENT OF COMMERCE RECEIVED TIMELY WITHDRAWALS OF SOME OF THE
REQUESTS AND ON 02/07/03 COMMERCE RESCINDED CERTAIN
ADMINISTRATIVE REVIEWS IN FULL IN ACCORDANCE WITH 19 CFR
351.213(d)(1) (68 FR 6404).
ACCORDINGLY, YOU ARE TO ASSESS
ANTIDUMPING DUTIES ON ALL MERCHANDISE ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT RATE IN EFFECT ON
THE DATE OF ENTRY FOR THE FOLLOWING:
BALL BEARINGS FROM FRANCE (A-427-201)
PERIOD
LIQUIDATE ALL ENTRIES EXPORTED BY:
RINGBALL CORPORATION (RINGBALL)
05/01/01- 04/30/02
BALL BEARINGS FROM GERMANY (A-428-201)
PERIOD
LIQUIDATE ALL ENTRIES EXPORTED BY:
RINGBALL CORPORATION (RINGBALL)
05/01/01- 04/30/02
BALL BEARINGS FROM ITALY (A-475-201)
PERIOD
LIQUIDATE ALL ENTRIES EXPORTED BY:
RINGBALL CORPORATION (RINGBALL)
05/01/01- 04/30/02
2. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE.
UNLESS OTHERWISE INSTRUCTED, YOU SHALL
CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES
FOR SUBSEQUENT ENTRIES OF THE SUBJECT MERCHANDISE AT THE CURRENT
RATES.
3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE U.S. BUREAU OF
CUSTOMS AND BORDER PROTECTION ON SHIPMENTS OR 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 OVERPAYMENT AND ASSESS INTEREST ON UNDERPAYMENT OF
THE REQUIRED AMOUNT 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 OF PAYMENT OF ESTIMATED ANTIDUMPING
DUTIES 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.
4. 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.
5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
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CONTACT DAVID DIRSTINE AT (202) 482-4033 OR DAVID
DIRSTINE AT
ITA.DOC.GOV, AD/CVD ENFORCEMENT 3, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.
6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA