- Period Covered: 05/01/1990 to 04/30/1991
MESSAGE NO: 3310112
DATE: 11 05 1992
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 427 - 203
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A - 427 - 201
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PERIOD COVERED:
05 01 1990
TO
04 30 1991
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, IMPORT SPECIALIST DIVISION
RE: LIQUIDATION INSTRUCTIONS ON ANTIFRICTION BEARINGS (OTHER
THAN TAPERED ROLLER BEARINGS) AND PARTS THEREOF, FROM
FRANCE - FIATAVIO S.P.A.
1. ALL SHIPMENTS OF FRENCH BALL BEARINGS EXPORTED BY FIATAVIO
S.P.A., AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION
BY AEROSPATIALE HELICOPTER CORPORATION DURING THE PERIOD MAY 1,
1990 THROUGH APRIL 30, 1991 SHOULD BE LIQUIDATED FREE FROM
DUMPING LIABILITY.
2.
ALL SHIPMENTS OF FRENCH BALL BEARINGS EXPORTED BY FIATAVIO,
S.P.A., AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION
BY GENERAL ELECTRIC DURING THE PERIOD NOVEMBER 9, 1988 THROUGH
APRIL 30, 1991, SHOULD BE LIQUIDATED FREE OF DUMPING LIABILITY.
3. FOR ALL SHIPMENTS OF FRENCH BALL BEARINGS EXPORTED BY
FIATAVIO, S.P.A., AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION BY PRATT AND WHITNEY DURING THE PERIOD NOVEMBER 9,
1988 THROUGH APRIL 30, 1991, ASSESS A DUMPING LIABILITY EQUAL TO
2.32 PERCENT OF THE PER-UNIT ENTERED CUSTOMS VALUE.
4.
ALL SHIPMENTS OF FRENCH CYLINDRICAL ROLLER BEARINGS EXPORTED
BY FIATAVIO, S.P.A., AND ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION BY AEROSPATIALE HELICOPTER CORPORATION DURING THE
PERIOD MAY 1, 1990 THROUGH APRIL 30, 1991 SHOULD BE LIQUIDATED
FREE OF DUMPING LIABILITY.
5.
FOR ENTRIES OF THIS MERCHANDISE ENTERED OR WITHDAWN FROM
WAREHOUSE FOR CONSUMPTION ON OR AFTER MAY 15, 1989 THROUGH APRIL
30, 1991, THE ASSESSMENT OF DUMPING DUTIES BY THE CUSTOMS SERVICE
IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT,
WHICH REQUIRES INTEREST TO BE PAID ON OVERPAYMENTS OR
UNDERPAYMENTS OF AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING
DUTIES.
CALCULATE INTEREST FROM THE DATE OF PAYMENT OF ESTIMATED
ANTIDUMPING DUTIES THROUGH THE DATE OF LIQUIDATION, USING THE
RATE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF
1954 FOR SUCH PERIOD.
6.
YOU MAY RELEASE APPRAISED VALUES TO THE INDIVIDUAL IMPORTER
CONCERNED OR HIS AUTHORIZED REPRESENTATIVE.
YOU MAY NOT RELEASE
ANY DETAILS OF THE CALCULATIONS OF APPRAISED VALUES WITHOUT
AUTHORIZATION OF CUSTOMS SERVICE HEADQUARTERS.
7.
IN ACCORDANCE WITH C.I.E. N-15/ 88, DATED APRIL 21, 1988,
REPORT TO CUSTOMS SERVICE HEADQUARTES ANY ANTIDUMPING DUTIES DUE.
8.
IMMEDIATELY FORWARD TO CUSTOMS SERVICE HEARDQUARTERS ANY
INFORMATION ON FILE WHICH MIGHT AFFECT THE APPRAISED VALUES UNDER
THE ANTIDUMPING PROVISIONS, WITH AN EXPLANATION OF THE
CIRCUMSTANCES UNDER WHICH IT WAS RECEIVED.
IN SUCH A CASE,
SUSPEND LIQUIDATION OF THE AFFECTED ENTRIES UNTIL A DECISION IS
MADE CONCERNING THE APPLICABILITY OF THE ADDITIONAL INFORMATION.
9.
WHENEVER THE IMPLEMENTATION OF THE ABOVE INSTRUCTIONS
RESULTS IN ASSESSMENT OF ANTIDUMPING DUTIES, REQUIRE OF THE
IMPORTER.
PRIOR TO LIQUIDATION, THE REIMBURSEMENT STATEMENT
DESCRIBED IN SECTION 353.26 OF THE COMMERCE DEPARTMENT
REGULATIONS.
IF THE IMPORTER HAS BEEN REIMBURSED ANTIDUMPING
DUTIES OR FAILS TO RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR
29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS
SHOULD DOUBLE THE ANTIDUMPING DUTIES DUE IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION.
10. EFFECTIVE UPON RECEIPT OF THIS MESSAGE, YOU SHOULD PROCEED
WITH LIQUIDATION.
11. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE IMPORT SPECIALIST DIVISION, OTHER
AGENCY BRANCH BY E-MAIL ATTRIBUTE HQ OAB.
THE IMPORTING PUBLIC
AND OTHER INTERESTED PARTIES SHOULD CONTACT AMY BEARGIE AT (FTS)
482-4733, OFFICE OF ANTIDUMPING DUTY COMPLIANCE, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF
COMMERCE.
BERNARD CARREAU
DIRECTOR, DIVISION II
OFFICE OF ANTIDUMPING COMPLIANCE
NANCY MCTIERNAN
DIRECTOR
IMPORT SPECIALIST DIVISION