LIQ. INSTRUCTIONS FOR AFBS (OTHER THAN TAPERED ROLLER BEARINGS) FROM FRANCEAND GERMANY

MESSAGE NO: 0202206 DATE: 07 20 2000 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 427 - 201 A - 427 - 203 A - 427 - 205 A - 428 - 201 A - 428 - 203 A - 428 - 205 PERIOD COVERED: 05 01 1999 TO 12 31 1999 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL RE: LIQ. INSTRUCTIONS FOR AFBS (OTHER THAN TAPERED ROLLER BEARINGS) FROM FRANCEAND GERMANY 1. THE DEPARTMENT OF COMMERCE DOES NOT CONDUCT ADMINISTRATIVE REVIEWS OF ANTIDUMPING FINDINGS OR DUTY ORDERS AUTOMATICALLY. INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 351.213(b) OF THE COMMERCE DEPARTMENT REGULATIONS. 2. THE DEPARTMENT OF COMMERCE HAS RECEIVED COMPANY-SPECIFIC REQUESTS FOR AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY DUTY ORDERS FOR THE PERIOD AND ON THE MERCHANDISE LISTED BELOW. THEREFORE, IN ACCORDANCE WITH SECTION 351.212(c) OF THE COMMERCE DEPARTMENT REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON ALL MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY TO WHICH THE FOLLOWING INFORMATION APPLIES: MERCHANDISE/CASE NUMBER BALL BEARINGS AND PARTS THEREOF FROM FRANCE A-427-201 05/01/1999 - 12/31/1999 LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: SKF FRANCE S.A. (INCLUDING ALL RELEVANT AFFILIATES) SOCIETE NOUVELLE DE ROULEMENTS (SNR) SNFA S.A./SOMECAT S.p.A. (INCLUDING ALL RELEVANT AFFILIATES) ALFATEAM ALPHA-TEAM BEARING DISCOUNT INTERNATIONAL GmbH MOTION BEARINGS PTE LTD. YOO SHIN COMMERCIAL COMPANY LTD. RODAMIENTOS ROVI ROVI-VALENCIA ROVI-MARCAY REPRESENTACIONES INDUSTRIALES RODRIGUES, S.A. DCD EUROLATIN EXPORT SERVICES LTD. CYLINDRICAL ROLLERS BEARINGS AND PARTS THEREOF FROM FRANCE A-427-203 05/01/1999 - 12/31/1999 LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: SOCIETE NOUVELLE DE ROULEMENTS (SNR) SNFA S.A./SOMECATE S.p.A. (INCLUDING ALL RELEVANT AFFILATES) SPHERICAL PLAIN BEARINGS AND PARTS THEREOF FROM FRANCE A-427-205 05/01/1999 - 04/30/2000 LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: SKF FRANCE S.A. (INCLUDING ALL RELEVANT AFFILIATES) BALL BEARINGS AND PARTS THEREOF FROM GERMANY A-428-201 05/01/1999 - 04/30/2000 LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: CEROBEAR GmbH FAG KUGELFISCHER GEORGE SCHAEFER AG (INCLUDING ALL RELEVANT AFFILIATES) SKF GmbH (INCLUDING ALL RELEVANT AFFILIATES) SNR TORRINGTON NADELLAGER GmbH ALFATEAM ALPHA-TEAM BEARING DISCOUNT INTERNATIONAL GmbH MOTION BEARINGS PTE LTD. YOO SHIN COMMERCIAL COMPANY LTD. RODAMIENTOS ROVI ROVI-VALENCIA ROVI-MARCAY REPRESENTACIONES INDUSTRIALES RODRIGUES, S.A. DCD EUROLATIN EXPORT SERVICES LTD. CYLINDRICAL ROLLERS BEARINGS AND PARTS THEREOF FROM GERMANY A-428-203 05/01/1999 - 12/31/1999 LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: CEROBEAR GmbH FAG KUGELFISCHER GEORGE SCHAEFER AG (INCLUDING ALL RELEVANT AFFILIATES) INA WALZLAGER SCHAEFFLER KG SKF GmbH (INCLUDING ALL RELEVANT AFFILIATES) SNR TORRINGTON NADELLAGER GmbH ALFATEAM ALPHA-TEAM BEARING DISCOUNT INTERNATIONAL GmbH MOTION BEARINGS PTE LTD. YOO SHIN COMMERCIAL COMPANY LTD. RODAMIENTOS ROVI ROVI-VALENCIA ROVI-MARCAY REPRESENTACIONES INDUSTRIALES RODRIGUES, S.A. DCD EUROLATIN EXPORT SERVICES LTD. SPHERICAL PLAIN BEARINGS AND PARTS THEREOF FROM GERMANY A-428-205 05/01/1999 - 12/31/1999 LIQUIDATE ALL ENTRIES FOR ALL FIRMS 3. ENTRIES 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 MANUFACTURERS/PRODUCER/EXPORTER COMBINATIONS. ASSUME THE EXCEPTED FIRMS ARE MANUFACTURERS/PRODUCERS EXCEPT FOR ALFATEAM, ALPHA-TEAM, BEARING DISCOUNT, MOTION BEARINGS PTE. LTD., YOO SHIN COMMERCIAL COMPANY LTD., RODAMIENTOS ROVI, ROVI-VALENCIA, ROVI- MARCAY, REPRESENTACIONES INDUSTRIALES RODRIGUES, S.A., DCD, AND EUROLATIN EXPORT SERVICES LTD. 4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIOD 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 PAY INTEREST ON OVERPAYMENTS AND 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. 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, OTHER GOVERNMENT AGENCY LIAISON, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT THOMAS SCHAUER AT 202-482-0410, AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ