- Period Covered: 05/01/1998 to 04/30/1999
MESSAGE NO: 9263117
DATE: 09 20 1999
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 475 - 201
A - 475 - 203
A - 485 - 201
A - 588 - 201
A - 588 - 203
A - 588 - 205
PERIOD COVERED:
05 01 1998
TO
04 30 1999
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: NON REVIEW AUTOMATIC LIQUIDATION INSTRUCTIONS AFBS FROM
ITALY, ROMANIA AND JAPAN
1.
THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY ORDERS.
INSTEAD,
REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 351.213
OF THE COMMERCE DEPARTMENT REGULATIONS.
2.
THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR
AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDERS FOR
THE PERIODS AND ON THE MERCHANDISE LISTED BELOW, EXCEPT
FOR THE FIRMS NOTED.
THEREFORE, IN ACCORDANCE WITH
SECTION 351.212(c) 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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT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 ITALY
5/01/1998-4/30/1999
A-475-201
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
SKF INDUSTRIE SPA (INCLUDING ALL RELEVANT AFFILIATES)
FAG ITALIA SPA (INCLUDING ALL RELEVANT AFFILIATES)
SOMECAT SPA/SNFA ITALY (INCLUDING ALL RELEVANT AFFILIATES)
CYLINDRICAL ROLLER BEARINGS AND PARTS
5/01/1998-4/30/1999
THEREOF FROM ITALY
A-475-203
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
FAG ITALIA SPA (INCLUDING ALL RELEVANT AFFILIATES)
MERCHANDISE/CASE NUMBER
PERIOD
BALL BEARINGS AND PARTS THEREOF FROM ROMANIA
5/1/1998-4/30/1999
A-485-201
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
S. C. KOYO ROMANIA SA (INCLUDING ALL RELEVANT AFFILIATES)
TEHNOIMPORTEXPORT, SA (TIE) (INCLUDING ALL RELEVANT
AFFILIATES)
BALL BEARINGS AND PARTS THEREOF FROM JAPAN
5/1/1998-4/30/1999
A-588-201
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
KOYO SEIKO CO., LTD. (INCLUDING ALL RELEVANT AFFILIATES)
NACHI-FUJIKOSHI CORP. (INCLUDING ALL RELEVANT AFFILIATES)
NIPPON PILLOW BLOCK SALES COMPANY, LTD. (INCLUDING ALL
RELEVANT AFFILIATES)
NSK LTD. (FORMERLY NIPPON SEIKO K. K.) (INCLUDING ALL
RELEVANT AFFILIATES)
NTN CORP. (INCLUDING ALL RELEVANT AFFILIATES)
ASAHI SEIKO CO., LTD. (INCLUDING ALL RELEVANT AFFILIATES)
INOUE JUKUUKE KOGYO CO., LTD. (IJK) (INCLUDING ALL RELEVANT
AFFILIATES)
IZUMOTO SEIKO CO., LTD. (INCLUDING ALL RELEVANT AFFILIATES)
NAKAI BEARING (INCLUDING ALL RELEVANT AFFILIATES)
NANKAI SEIKO (INCLUDING ALL RELEVANT AFFILIATES)
OSAKA PUMP CO., LTD. (INCLUDING ALL RELEVANT AFFILIATES)
TAKESHITA SEIKO CO., LTD. (INCLUDING ALL RELEVANT
AFFILIATES)
TOTTORI YAMAKAI BEARING SEISAKUSHO, LTD. (KYK) (INCLUDING
ALL RELEVANT AFFILIATES
TSUBAKIMOTO PRECISION CO., LTD. (INCLUDING ALL RELEVANT
AFFILIATES)
MURO CORP.
CYLINDRICAL ROLLER BEARINGS AND PARTS
5/01/1997-4/30/1999
THEREOF FROM JAPAN
A-588-203
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
KOYO SEIKO CO., LTD. (INCLUDING ALL RELEVANT AFFILIATES)
NACHI-FUJIKOSHI CORP. (INCLUDING ALL RELEVANT AFFILIATES)
NSK LTD. (FORMERLY NIPPON SEIKO K. K.) (INCLUDING ALL
RELEVANT AFFILIATES)
NTN CORP. (INCLUDING ALL RELEVANT AFFILIATES)
SPHERICAL PLAIN BEARINGS AND PARTS
5/01/1997-4/30/1999
THEREOF FROM JAPAN
A-588-205
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
KOYO SEIKO CO., LTD. (INCLUDING ALL RELEVANT AFFILIATES)
NTN CORP. (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.
CONTINUE
TO SUSPEND LIQUIDATION OF ALL ENTRIES OF MERCHANDISE
EXPORTED OR PRODUCED BY THE LISTED FIRMS AND ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THIS
PERIOD.
4.
THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIODS LISTED ABOVE.
YOU SHALL CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT
ENTRIES OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES.
5.
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 PAYS INTEREST ON
OVERPAYMENTS OR ASSESSES INTEREST ON UNDERPAYMENTS OF THE
REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES.
THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH 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.
6.
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
AS DESCRIBED IN SECTION 351.402(f)OF THE COMMERCE DEPARTMENT
REGULATIONS.
THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY.
IF THE
IMPORTER CERTIFIES THAT IT HAS AN AGREEMENT WITH THE
EXPORTER TO BE REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD
DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-
REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER DOES
NOT 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.
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/COUNTER
VAILING DUTY USING THE ATTRIBUTE "HQ OAB."
THE IMPORTING
PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT EDYTHE
ARTMAN AT 202-482-3931, AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
PAUL SCHWARTZ