NOTIFICATION OF PARTIAL DETERM. OF ADMIN REVIEWS OF ADD ORDERS ON AFBS (OTHER THAN ROLLER BEARINGS) AND PARTS THEREOF FROM GERMANY (A-428-201/203/205)

MESSAGE NO: 0110202 DATE: 04 19 2000 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 428 - 201 A - 428 - 203 A - 428 - 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: NOTIFICATION OF PARTIAL DETERM. OF ADMIN REVIEWS OF ADD ORDERS ON AFBS (OTHER THAN ROLLER BEARINGS) AND PARTS THEREOF FROM GERMANY (A-428-201/203/205) 1.THE COMMERCE DEPARTMENT'S ADMINISTRATIVE REVIEWS OF THE ANTIDUMPING DUTY ORDERS ON BALL BEARINGS AND PARTS THEREOF (BBS), CYLINDRICAL ROLLER BEARINGS AND PARTS THEREOF (CRBS), AND SPHERICAL PLAIN BEARINGS AND PARTS THEREOF (SPBS) FROM GERMANY (A-428-201, A-428-203, AND A-428-205, RESPECTIVELY), COVERING THE PERIOD 05/01/1998 THROUGH 04/30/1999, HAVE BEEN TERMINATED IN PART. THIS NOTICE OF PARTIAL TERMINATION WAS PUBLISHED IN THE FEDERAL REGISTER ON 04/06/2000. 2. ACCORDINGLY, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON BALL BEARINGS, CYLINDRICAL ROLLER BEARINGS, AND SPHERICAL PLAIN BEARINGS FROM GERMANY MANUFACTURED BY THE COMPANIES LISTED BELOW AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 05/01/1998 THROUGH 04/30/1999 AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. MANUFACTURERS/EXPORTERS: AVSA S.A.R.L. MANNESMANN SACHS AG NTN WYKO EXPORT OF QUEEN CROSS 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 UNDER PAYMENTS, 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. 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. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS USING THE ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT RICHARD RIMLINGER AT 202-482-4477, AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ