LIQUIDATION INSTRUCTIONS FOR ANTIFRICTION BEARINGS (OTHER THAN TAPERED ROLLER BEARINGS) AND PARTS THEREOF FROM FRANCE (A-427-201, A-427-203, A-427-205)

MESSAGE NO: 1051209 DATE: 02 20 2001 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 427 - 201 A - 427 - 203 A - 427 - 205 - - - - - - PERIOD COVERED: 05 01 1999 TO 04 30 2000 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL RE: LIQUIDATION INSTRUCTIONS FOR ANTIFRICTION BEARINGS (OTHER THAN TAPERED ROLLER BEARINGS) AND PARTS THEREOF FROM FRANCE (A-427-201, A-427-203, A-427-205) 1.THE COMMERCE DEPARTMENT'S ADMINISTRATIVE REVIEWS OF THE ANTIDUMPING DUTY ORDERS ON BALL BEARINGS AND PARTS THEREOF (BBS), AND SPHERICAL PLAIN BEARINGS AND PARTS THEREOF(SPBS) FROM FRANCE (A-427-201, A-427-205, RESPECTIVELY), COVERING THE PERIOD 05/01/1999 THROUGH 04/30/2000, AND CYLINDRICAL ROLLER BEARINGS AND PARTS THEREOF (CRBS) FROM FRANCE (A-427-203), COVERING THE PERIOD 05/01/1999 THROUGH 12/31/1999, HAVE BEEN RESCINDED IN PART. THIS NOTICE OF PARTIAL RESCISSION WAS PUBLISHED IN THE FEDERAL REGISTER ON 02/05/2001. 2. ACCORDINGLY, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON BBS AND SPBS FROM FRANCE PRODUCED AND EXPORTED BY SKF AND ENTERED ON WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 05/01/1999 THROUGH 04/30/2000 AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. YOU ARE ALSO TO ASSESS ANTIDUMPING DUTIES ON CRBS FROM FRANCE PRODUCED AND EXPORTED BY SNR AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 05/01/1999 THROUGH 12/31/1999 AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. 3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE MERCHANDISE, COMPANIES AND PERIODS LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES, UNLESS OTHERWISE INSTRUCTED. 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, AND ASSESS 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. 5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 351.402 (1997) OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER CERTIFIES THAT IS 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. 6. 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." IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT RICHARD RIMLINGER AT 202-482-4477, AD/CVD ENFORCEMENT 3, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ