MESSAGE NO: 7268116 DATE: 09 25 1997
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 428 - 201 A - 428 - 203
A - 428 - 205 - -
- - - -

PERIOD COVERED: 11 09 1988 TO 04 30 1990

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: LIQUIDATION INSTRUCTIONS FOR ANTIFRICTION BEARING
(OTHER THAN TAPERED ROLLER BEARINGS) & PARTS THEREOF FROM
GERMANY BY NEUWEG FERTIGUNG GMBH(NWG)(A-428-201,203,205)

1. FOR ALL SHIPMENTS OF ANTIFRICTION BEARINGS (OTHER
THAN TAPERED ROLLER BEARINGS) AND PARTS THEREOF FROM
GERMANY MANUFACTURED BY NWG AND ENTERED OR WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 11/09/88
THROUGH 04/30/90, ASSESS ANTIDUMPING LIABILITIES EQUAL TO
THE FOLLOWING PERCENTAGES OF ENTERED VALUE: 53.43% FOR
BALL BEARINGS, 0% FOR CYLINDRICAL ROLLER BEARINGS AND 0%
FOR SPHERICAL PLAIN BEARINGS EXCEPT IF PARAGRAPH 2 IS
APPLICABLE. THIS MERCHANDISE MAY HAVE ENTERED UNDER A-428-
201-000 (BALL), A-428-203-000 (CYLINDRICAL), A-428-205-
000 (SPHERICAL).

2. IF A BOND OR CASH DEPOSIT WAS COLLECTED AS
SECURITY FOR AN ESTIMATED ANTIDUMPING DUTY FOR ANY
SHIPMENT OF MERCHANDISE DESCRIBED IN PARAGRAPH 1 AND
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
DURING THE PERIOD NOVEMBER 9, 1988 THROUGH MAY 16, 1989,
ASSESS A DUMPING LIABILITY EQUAL TO THE RATE LISTED IN
PARAGRAPH 1 OR EQUAL TO THE AMOUNT OF THE BOND OR CASH
DEPOSIT, WHICHEVER IS LESS.

3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING
OF SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE
MERCHANDISE AND PERIOD LISTED ABOVE. YOU SHALL CONTINUE
TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES
FOR THE MERCHANDISE AT THE CURRENT RATES.

4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS
SERVICE ON 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 NOT APPLICABLE TO
CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES
BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY
ORDER, WHICH IS MAY 15, 1989. INTEREST SHALL BE
CALCULATED FROM THE DATE PAYMENT OF ESTIMATED ANTIDUMPING
DUTIES IS REQUIRED 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.

5. 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. 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.

6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY
CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE
APPROPRIATE SUPERVISORY CHANNELS, IMPORT OPERATIONS,
ANTIDUMPING/COUNTERVAILING DUTY USING THE ATTRIBUTE HQ
OAB. IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT JOHN HEIRES AT 202-482-3931, OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

PAUL SCHWARTZ
DIRECTOR