LIQUIDATION OF BALL BEARINGS FROM GERMANY EXPORTED BY VARIOUS COMPANIES (A-428-201)

MESSAGE NO: 3094204 DATE: 04 04 2003 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 428 - 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 BALL BEARINGS FROM GERMANY EXPORTED BY VARIOUS COMPANIES (A-428-201) 1. ON AUGUST 30, 2002, THE DEPARTMENT OF COMMERCE (COMMERCE) PUBLISHED IN THE FEDERAL REGISTER ITS FINAL RESULTS OF ANTIDUMPING DUTY ADMINISTRATIVE REVIEWS WITH RESPECT TO BALL BEARINGS AND PARTS THEREOF (BALL BEARINGS) FROM VARIOUS COUNTRIES INCLUDING GERMANY. AMONGST MANY COMPANIES, COMMERCE REVIEWED SEVEN RESELLERS. 2. THREE OF THE REVIEWED RESELLERS DID NOT RESPOND TO COMMERCE' S REQUEST FOR INFORMATION. AS A RESULT, COMMERCE DETERMINED TO APPLY AN ADVERSE FACTS-AVAILABLE RATE TO ALL IMPORTS OF MERCHANDISE FROM THOSE THREE COMPANIES. THEREFORE, AS A RESULT OF COMMERCE'S DETERMINATION, YOU SHOULD REVIEW SUPPORTING DOCUMENTATION (E.G., COMMERCIAL INVOICE OF CUSTOMS DOCUMENTATION) FOR ALL ENTRIES OF BALL BEARINGS FROM FRANCE THAT WERE ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 5/01/2000 THROUGH 04/30/2001. IF YOU FIND THAT ANY OF THE PERIOD, THAT WERE ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION, ASSESS AN ANTIDUMPING LIABILITY EQUAL TO 70.41 PERCENT OF THE ENTERED VALUE. COMPANY-SPECIFIC COMPANY CASE NUMBER A-428-201-046 BEARING DISCOUNT INTERNATIONAL A-428-201-045 DCD A-428-201-047 REPRESENTACIONES INDUSTRIALES RODRIQUEZ, S.A. DE C.V. COMMERCE COMPLETED ITS FIRST REVIEW OF DCD ON 07/12/2001 AND COMPLETED ITS FIRST REVIEW OF BEARING DISCOUNT INTERNATIONAL AND REPRESENTACIONES INDUSTRIALES RODRIQUEZ, S.A. DE C.V. ON 08/30/2002. UNTIL COMMERCE COMPLETED ITS FIRST REVIEW OF THESE FIRMS, IT WAS NOT APPROPRIATE TO CREATE CASE NUMBERS AND CASH- DEPOSIT RATES IN THE CUSTOMS MODULE. THEREFORE, THE ABOVE CASE NUMBERS DID NOT EXIST AND WERE NOT APPLICABLE TO ENTRIES DURING THE PERIOD OF REVIEW (05/01/2000 THROUGH 04/30/2001). AS A RESULT, PRIOR TO 07/12/2001 (WITH RESPECT TO DCD) AND 08/30/2002 (WITH RESPECT TO BEARING DISCOUNT INTERNATIONAL AND REPRESENTACIONES INDUSTRIALES RODRIQUEZ, S.A. DE C.V.), ENTRIES INVOLVING THE ABOVE COMPANIES MAY HAVE BEEN MADE UNDER ANY CASE NUMBER APPLICABLE TO BALL BEARINGS (A-428-201) FROM GERMANY. 3. THE FOUR OTHER RESELLERS REPORTED TO COMMERCE THAT THEY MADE NO SHIPMENTS OF SUBJECT MERCHANDISE DURING THE PERIOD 5/01/2000 THROUGH 04/30/2001. AS A RESULT COMMERCE HAS NOT ESTABLISHED A DUMPING MARGIN OR CASH-DEPOSIT RATE FOR THESE COMPANIES AND THERE IS NO CASE NUMBER FOR THEM IN THE MODULE. AS COMMERCE EXPLAINED IN THE NOTICE OF FINAL RESULTS OF REVIEW, HOWEVER, THAT CLAIM WAS DIFFICULT TO VERIFY USING TRADITIONAL SOURCES OF IMPORT DATA. IF IN FACT THESE FOUR COMPANIES WERE INVOLVED IN THE SHIPMENT OF SUBJECT MERCHANDISE, COMMERCE DETERMINED THAT APPLICATION OF AN ADVERSE FACTS-AVAILABLE RATE IS APPROPRIATE FOR LIQUIDATION OF ENTRIES DURING THE PERIOD OF REVIEW. THEREFORE, AS A RESULT OF COMMERCE'S DETERMINATION, YOU SHOULD REVIEW SUPPORTING DOCUMENTATION FOR ALL ENTRIES OF BALL BEARINGS FROM GERMANY THAT WERE ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 5/01/2000 THROUGH 04/30/2001. IF YOU FIND THAT ANY OF THE COMPANIES LISTED BELOW HAD SHIPMENTS OF BALL BEARINGS DURING THIS PERIOD, ASSESS AN ANTIDUMPING LIABILITY EQUAL TO 70.41 PERCENT OF THE ENTERED VALUE. COMPANY EURO-LATIN EXPORT SERVICES LIMITED RODAMIENTOS ROVI C.A. ROVI-MARACAY ROVI-VALENCIA ENTRIES ALSO MAY HAVE BEEN MADE UNDER ANY CASE NUMBER APPLICABLE TO BALL BEARINGS FROM GERMANY (A-428-201). 4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE, COMPANIES, AND PERIOD LISTED ABOVE. FOR ALL OTHER SHIPMENTS OF BALL BEARINGS FOR THE PERIOD 5/01/2000 THROUGH 04/30/2001 YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES. 5. 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. INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATED 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. 6. WHENEVER THE USE OF THE ABOVE INSTRUCTIONS RESULTS IN THE ASSESSMENT OF ANTIDUMPING DUTIES, YOU SHOULD REQUIRE OF THE IMPORTER PRIOR TO LIQUIDATION THE REIMBURSEMENT STATEMENT DESCRIBED IN 19 CFR 351.402(f)(2). IMPORTERS WERE ADVISED OF THIS REQUIREMENT WHEN THE NOTICE OF FINAL RESULTS OF REVIEW WAS PUBLISHED IN THE FEDERAL REGISTER. 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." IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT LYN JOHNSON AT 202-482-5287, AD/CVD ENFORCEMENT III, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA