LIQUIDATION OF AFBS FROM FRANCE PRODUCED OR EXPORTED BY SNR AND SKF (A-427-201)AND (A-427-205)

MESSAGE NO: 2338203 DATE: 12 04 2002 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 427 - 201 - - - - - - - - - - PERIOD COVERED: 05 01 2000 TO 04 30 2001 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION OF AFBS FROM FRANCE PRODUCED OR EXPORTED BY SNR AND SKF (A-427-201)AND (A-427-205) 1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER (67 FR 17361) ON 04/10/2002 A NOTICE OF PARTIAL RESCISSION OF ITS ADMINISTRATIVE REVIEWS OF THE ANTIDUMPING DUTY ORDERS ON ANTIFRICTION BEARINGS AND PARTS THEREOF FROM FRANCE (SNR, BALL BEARINGS: A-427-201-013)(SKF, SPHERICAL PLAIN BEARINGS: A-427-205- 012), COVERING THE PERIOD 05/01/2000 THROUGH 04/30/2001. 2. ACCORDINGLY, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON BALL BEARINGS FROM FRANCE EXPORTED BY SNR AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 05/01/2000 THROUGH 04/30/2001 AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. FURTHER, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON SPHERICAL PLAIN BEARINGS FROM FRANCE MANUFACTURED OR EXPORTED BY SKF AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 05/01/2000 THROUGH 04/30/2001 AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. 3. 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 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 OR BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY ORDER, WHICH IS MAY 15, 1989. INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATES ANTIDUMPING DUTIES IS REQUIRED 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 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. 6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, IMPORT OPERATIONS, ANTIDUMPING/ COUNTERVAILING DUTY USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT SUSAN LEHMAN AT 202-482-0180, OF AD/CVD ENFORCEMENT 3, IMPORT ADMINISTRATION INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA