- Period Covered: 05/01/1994 to 04/30/1995
MESSAGE NO: 6081115
DATE: 03 21 1996
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 427 - 201
A - 427 - 203
A - 427 - 205
A - 428 - 201
A - 428 - 203
A - 428 - 205
PERIOD COVERED:
05 01 1994
TO
04 30 1995
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, TECHNICAL PROGRAMS
RE: NON REVIEW/AUTOMATIC LIQUIDATION INSTRUCTIONS
ANTIFRICTION BEARINGS FROM FRANCE (A-427-201,203,205)
AND GERMANY (A-428-201,203,205)
1.
THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY CONDUCTS
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY ORDERS.
INSTEAD,
REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 353.22
OF THE COMMERCE DEPARTMENT REGULATIONS.
2.
THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING ORDER FOR THE
PERIODS AND ON THE MERCHANDISE
LISTED BELOW, EXCEPT FOR THE
FIRMS NOTED.
THEREFORE, IN ACCORDANCE WITH SECTION
353.22(E) OF THE COMMERCE DEPARTMENT REGULATIONS, YOU ARE TO
ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH
DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY
SUMMARY.
MERCHANDISE/CASE NUMBER
PERIOD
BALL BEARINGS AND PARTS FROM FRANCE
A-427-201
5/01/94-4/30/95
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
FRANKE GMBH
HOESCH ROTHE ERDE AG
INTERTECHNIQUE
ROLLIX DEFONTAINE, S.A.
SKF (INCLUDING ALL RELEVANT AFFILIATES)
SNFA
SOCIETE NOUVELLE ROULEMENTS (SNR)
CYLINDRICAL ROLLER BEARINGS AND PARTS THEREOF FROM FRANCE
A-427-203
5/01/94-4/30/95
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
INTERTECHNIQUE
SKF (INCLUDING ALL RELEVANT AFFILITATES)
SNFA
SOCIETE NOUVELLE ROULEMENTS (SNR)
SPHERICAL PLAIN BEARINGS AND PARTS THEREOF FROM FRANCE
A-427-205
5/01/94-4/30/95
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
INTERTECHNIQUE
SKF(INCLUDING ALL RELEVANT AFFILIATES)
SOCIETE NOUVELLE ROULEMENTS (SNR)
BALL BEARINGS AND PARTS THEREOF FROM GERMANY
A-428-201
5/01/94-4/30/95
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
FAG KUGELFISCHER GEORG SCHAEFER KGAA (FAG)
FICHTEL & SACHS AG
FRANKE GMBH
HOESCH ROTHE ERDE AG
INA WALZLAGER SCHAEFFLER KG (INA)
NTN KUGELLAGERFABRIK (DEUTSCHLAND) GMBH (NTN)
ROLLIX & DEFONTAINE, S.A.
SKF GMBH (INCLUDING ALL RELEVANT AFFILIATES)
TORRINGTON NADELLAGER (TORRINGTON/KUENSEBECK)
CYLINDRICAL ROLLER BEARINGS AND PARTS THEREOF FROM GERMANY
A-428-203
5/01/94-4/30/95
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
FAG KUGELFISCHER GEORG SCHAEFER KGAA (FAG)
INA WALZLAGER SCHAEFFLER KG (INA)
NTN KUGELLAGERFABRIK (DEUTSCHLAND) GMBH (NTN)
SKF GMBH (INCLUDING ALL RELEVANT AFFILIATES)
TORRINGTON NADELLAGER (TORRINGTON/KUENSEBECK)
SPERICAL PLAIN BEARINGS AND PARTS THEREOF FROM GERMANY
A-428-205
5/01/94-4/30/95
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
FAG KUGELFISHER GEORG SCHAEFER KGAA (FAG)
INA WALZLAGER SCHAEFFLER KG (INA)
NTN KUGELLAGERFABRIK (DEUTSCHLAND) GMBH (NTN)
SKF GMBH (INCLUDING ALL RELEVANT AFFILIATES)
3.
ENTRY SUMMARIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT
BE LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER
THE COMPLETION OF THE ADMINISTRATIVE REVIEW.
THE EXCEPTED
FIRMS CAN BE MANUFACTURERS/PRODUCERS, EXPORTERS, OR
MANUFACTURER/ PRODUCER/EXPORTER COMBINATIONS.
UNLESS NOTED
OTHERWISE, ASSUME THE EXCEPTED FIRMS ARE
MANUFACTURERS/PRODUCERS.
4.
FOR LISTED MANUFACTURERS/PRODUCERS, LIQUIDATION IS TO BE
SUSPENDED ON ALL SHIPMENTS OF MERCHANDISE PRODUCED BY THOSE
FIRMS REGARDLESS OF EXPORTER.
CUSTOMS MUST ASCERTAIN
MANUFACTURERS/PRODUCERS OF ALL ENTRY SUMMARIES OF THIS
MERCHANDISE.
IF THE LISTED FIRM IS SPECIFICALLY IDENTIFIED
AS AN EXPORTER, SUSPEND ALL ENTRY SUMMARIES THAT IN ANY WAY
INVOLVES THIS EXPORTER.
IF THE EXCEPTED FIRM IS A
MANUFACTURER/PRODUCER/EXPORTER COMBINATION THE SUSPENSION
INSTRUCTIONS APPLY ONLY TO ENTRY SUMMARIES THAT INVOLVE THIS
COMBINATION OF FIRMS.
5.
THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE
MERCHANDISE AND PERIODS LISTED ABOVE.
YOU SHALL CONTINUE TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR
THE MERCHANDISE AT THE CURRENT RATES.
6.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON SHIPMENTS OR ENTRY SUMMARIES 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, OR ASSESS INTEREST ON UNDERPAYMENTS, OF THE
REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES.
THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CAS 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.
7.
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
AS DESCRIBED IN SECTION 353.26 OF THE COMMERCE DEPARTMENT
REGULATIONS.
THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY SUMMARY.
IF THE
IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES, CUSTOMS
SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER
FAILS TO 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.
8.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE
APPROPRIATE SUPERVISORY CHANNELS, TECHNICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY, USING THE
ATTRIBUTE "HQ OAB."
IMPORTING PUBLIC AND INTERESTED
PARTIES SHOULD CONTACT RICHARD RIMLINGER OR MICHAEL RILL AT
202-482-4733, OF THE OFFICE OF ANTIDUMPING COMPLIANCE,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.
9.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
NANCY MCTIERNAN