- Period Covered: 05/01/1995 to 04/30/1996
MESSAGE NO: 6221111
DATE: 08 08 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 1995
TO
04 30 1996
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: NON-REVIEW AUTOMATIC LIQUIDATION INSTRUCTIONS-
ANTIFRICTION BEARINGS FROM FRANCE (A-427-201/203/205)
AND GERMANY (A428-201/203/205)
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 DUTY 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 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DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR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.
MERCHANDISE/CASE NUMBER
PERIOD
BALL BEARINGS AND PARTS FROM FRANCE
A-427-201
5/01/95-4/30/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
SKF (INCLUDING ALL RELEVANT AFFILIATES)
SNFA
SOCIETE NOUVELLE DE ROULEMENTS (SNR)
CYLINDRICAL ROLLER BEARINGS AND PARTS THEREOF FROM FRANCE
A-427-203
5/01/95-4/30/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
SKF (INCLUDING ALL RELEVANT AFFILIATES)
SNFA
SOCIETE NOUVELLE DE ROULEMENTS (SNR)
SPHERICAL PLAIN BEARINGS AND PARTS THEREOF FROM FRANCE
A-427-205
5/01/95-4/30/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
SKF (INCLUDING ALL RELEVANT AFFILIATES)
SOCIETE NOUVELLE DE ROULEMENTS (SNR)
BALL BEARINGS AND PARTS THEREOF FROM GERMANY
A-428-201
5/01/95-4/30/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
FAG KUGELFISCHER GEORG SCHAEFER AG (FAG)
INA WALZLAGER SCHAEFFLER KG (INA)
NTN KUGELLAGERFABRIK (DEUTSCHLAND) GMBH (NTN)
SKF GMBH (INCLUDING ALL RELEVANT AFFILIATES)
CYLINDRICAL ROLLER BEARINGS AND PARTS THEREOF FROM GERMANY
A-428-203
5/01/95-4/30/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
FAG KUGELFISCHER GEORG SCHAEFER AG (FAG)
INA WALZLAGER SCHAEFFLER KG (INA)
NTN KUGELLAGERFABRIK (DEUTSCHLAND) GMBH (NTN)
SKF GMBH (INCLUDING ALL RELEVANT AFFILIATES)
TORRINGTON NADELLAGER (TORRINGTON/KUENSEBECK)
SPHERICAL PLAIN BEARINGS AND PARTS THEREOF FROM GERMANY
A-428-205
5/01/95-4/30/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
FAG KUGELFISHER GEORG SCHAEFER AG (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 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 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, OR
ASSESS INTEREST ON UNDERPAYMENTS, OF THE REQUIRED AMOUNTS
DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES.
THE INTEREST
PROVISIONS ARE ESTIMATED ANTIDUMPING DUTIES.
THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO 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 ATTRIBUTE "HQ OAB."
IMPORTING
PUBLIC AND INTERESTED PARTIES SHOULD CONTACT RICHARD RIMLINGER
OR MICHAEL RILL AT 202-482-4733, OF THE OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.
9.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
NANCY MCTIERNAN
NOTE: THIS MESSAGE WAS ORIGINALLY POSTED TO THE BULLETIN BOARD-
OTO3, CEBB AND ADML BUT NOT TO ADIL. IT WAS POSTED TO ADIL ON
NOVEMBER 10, 2004 WITH A CORRECTION.
THE HEADER IN THE ORIGINAL
MESSAGE LISTS CASE NUMBER A-428-205 TWICE, BUT DOES NOT LIST
A-427-205 AT ALL. IT IS NOW CORRECTED AND INCLUDES CASE
A-427-205.