MESSAGE NO: 8099111 DATE: 04 09 1998
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 549 - 802 - -
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PERIOD COVERED: 01 01 1994 TO 12 31 1994

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: LIQUIDATION FOR BALL BEARINGS FROM THAILAND (C-549-802)
FOR THE PERIOD 01/01/1994 - 12/31/1994


1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON 1/6/97 (62 FR 728) THE FINAL RESULTS OF ITS
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON
BALL BEARINGS FROM THAILAND COVERING THE MINEBEA GROUP OF
COMPANIES AND THE JANUARY 1, 1994 THOUGH DECEMBER 31, 1994
PERIOD. LITIGATION AFFECTING THIS REVIEW HAS NOW BEEN
COMPLETED AND, AS A RESULT, THE INJUNCTION PREVENTING
LIQUIDATION (NOTED IN EMAIL MESSAGE #7101113 DATED APRIL 11,
1997) HAS BEEN LIFTED.

2. IMPORTS COVERED BY THE REVIEW ARE SHIPMENTS OF BALL
BEARINGS, MOUNTED OR UNMOUNTED, AND PARTS THEREOF, WHICH
INCLUDE ALL ANTIFRICTION BEARINGS WHICH EMPLOY BALLS AS THE
ROLLING ELEMENT. DURING THE REVIEW PERIOD, IMPORTS OF THESE
PRODUCTS WERE CLASSIFIABLE UNDER THE FOLLOWING CATEGORIES:
ANTIFRICTION BALLS; BALL BEARINGS WITH INTEGRAL SHAFTS; BALL
BEARINGS (INCLUDING RADIAL BALL BEARINGS) AND PARTS THEREOF;
BALL BEARING TYPE PILLOW BLOCKS AND PARTS THEREOF; BALL
BEARING TYPE FLANGE, TAKE-UP, CARTRIDGE, AND HANGER UNITS,
AND PARTS THEREOF; AND OTHER BEARINGS (EXCEPT TAPERED ROLLER
BEARINGS) AND PARTS THEREOF. WHEEL HUB UNITS WHICH EMPLOY
BALLS AS THE ROLLING ELEMENT ARE SUBJECT TO THE REVIEW.
FINISHED BUT UNGROUND OR SEMIGROUND BALLS ARE NOT INCLUDED
IN THE SCOPE OFTHIS REVIEW.


IMPORTS OF THESE PRODUCTS ARE CURRENTLY CLASSIFIABLE UNDER
THE FOLLOWING HTS ITEM NUMBERS: 8482.10.10, 8482.10.50,
8482.80.00, 8482.91.00, 8482.99.10, 8482.99.70, 8483.20.40,
8483.20.80, 8483.30.40, 8483.30.80, 8483.90.20, 8483.90.30,
8483.90.70, 8708.50.50, 8708.60.50, 8708.99.50. THIS
REVIEW COVERS ALL OF THE SUBJECT BEARINGS AND PARTS THEREOF
OUTLINED ABOVE WITH CERTAIN LIMITATIONS. WITH REGARD TO
FINISHED PARTS (INNER RACE, OUTER RACE, CAGE, ROLLERS,
BALLS, SEALS, SHIELDS, ETC.), ALL SUCH PARTS ARE INCLUDED IN
THE SCOPE OF THIS REVIEW. FOR UNFINISHED PARTS (INNER RACE,
OUTER RACE, ROLLERS, BALLS, ETC.), SUCH PARTS ARE INCLUDED
IF (1) THEY HAVE BEEN HEAT TREATED, OR (2) HEAT TREATMENT IS
NOT REQUIRED TO BE PERFORMED ON THE PART. THUS, THE ONLY
UNFINISHED PARTS THAT ARE NOT COVERED BY THIS REVIEW ARE
THOSE PARTS WHICH WILL BE SUBJECT TO HEAT TREATMENT AFTER
IMPORTATION.

3. THE NET SUBSIDY WAS FOUND TO BE 5.25 PERCENT AD VALOREM FOR
THE MINEBEA GROUP OF COMPANIES AND THE PERIOD JANUARY 1,
1994 THROUGH DECEMBER 31, 1994.

4. ACCORDINGLY, YOU ARE TO LIQUIDATE AT 5.25 PERCENT OF THE
ENTERED VALUE ALL SHIPMENTS OF BALL BEARINGS FROM THAILAND
EXPORTED ON OR AFTER JANUARY 1, 1994, WHICH ENTERED ON OR
BEFOREDECEMBER 31,1994, BY THE MINEBEA GROUP OF COMPANIES
IN THAILAND,WHICH INCLUDED NMB PRECISION BALL, LTD., NMB
THAI, PELMEC THAI, AND NMB HI-TECH.

5. FOR THAI BALL BEARINGS PRODUCED/EXPORTED BY NON-REVIEWED
COMPANIES (I.E., COMPANIES OTHER THAN THOSE IN THE MINEBEA
GROUP), CUSTOMS SHOULD ASSESS COUNTERVAILINGDUTIES AT RATES
EQUAL TO THE CASH DEPOSIT OF ESTIMATED COUNTERVAILING DUTIES
REQUIRED AT THE TIME OF ENTRY ON SUBJECT MERCHANDISE
EXPORTED ON OR AFTER JANUARY 1, 1994 WHICH ENTERED ON OR
BEFORE DECEMBER 31, 1994.

6. THE ASSESSMENT OF COUNTERVAILING 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 COUNTERVAILING
DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH
OR BONDS POSTED AS ESTIMATED COUNTERVAILING DUTIES BEFORE
THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY ORDER.
INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF

ESTIMATED COUNTERVAILING 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. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
ENTERED ON OR BEFORE DECEMBER 31, 1994, IS LIFTED. PER
PREVIOUS INSTRUCTION (SEE, MESSAGE NO. 6177111,DATED
6/25/96), SUSPENSION OF LIQUIDATION FOR ALL ENTRIES OF THIS
MERCHANDISE ENTERED AFTER DECEMBER 31,1994 HAS ALREADY BEEN
LIFTED. WITH THE ISSUANCE OF THIS EMAIL, THERE SHOULD BE NO
FURTHER LIQUIDATION INSTRUCTIONS NEEDED. ALL ENTRIES OF
BALL BEARINGS FROM THAILAND SHOULD BE LIQUIDATED.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS,OTHER GOVERNMENT AGENCY LIAISON, USING
THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND INTERESTED
PARTIES SHOULD CONTACT ROBERTCOPYAK, OFFICE OF CVD/AD
ENFORCEMENT VI, IMPORT ADMINISTRATION, DEPARTMENT OF
COMMERCE AT (202) 482-2786.

9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
PAUL SCHWARTZ