- Period Covered: 05/01/1995 to 04/30/1996
MESSAGE NO: 6221113
DATE: 08 08 1996
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 559 - 201
A - 401 - 201
A - 401 - 203
A - 412 - 201
A - 412 - 203
-
-
PERIOD COVERED:
05 01 1995
TO
04 30 1996
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, TECHNICAL PROGRAMS
RE: NON REVIEW AUTOMATIC LIQUIDQATION INSTRUCTIONS
ANTIFRICTION BEARINGS FROM SINGAPORE (A-559-201),
SWEDEN (A-401-201/203), UK (A-412-201/203)
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 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WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH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 THEREOF FROM SINGAPORE
A-559-201
5/01/95-4/30/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
NMB SINGAPORE/PELMEC IND.
BALL BEARINGS AND PARTS THEREOF FROM SWEDEN
A-401-201
5/01/95-4/30/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
SKF SVERIGE (INCLUDING ALL RELEVANT AFFILIATES)
CYLINDRICAL ROLLER BEARINGS AND PARTS THEREOF FROM SWEDEN
A-401-203
5/01/95-4/30/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
BALL BEARINGS AND PARTS THEREOF FROM THE UNITED KINGDOM
A-412-201
5/01/95-4/30/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
BARDEN CORPORATION/FAG (U.K.) LTD.
NSK BEARINGS EUROPE, LTD./RHP BEARINGS LTD.
CYLINDRICAL ROLLER BEARINGS AND PARTS THEREOF FROM THE
UNITED KINGDOM
A-412-203
5/01/95-4/30/96
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
BARDEN CORPORATION/FAG (U.K.) LTD.
NSK BEARINGS EUROPE, LTD./RHP BEARINGS LTD.
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 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 AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.
9.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
NANCY MCTIERNAN