Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 3094204
DATE: 04 04 2003
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 428 - 201
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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FRANCE THAT WERE ENTERED OR WITHDRAWN FROM WAREHOUSE FOR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YOU FIND THAT ANY OF THE PERIOD, THAT WERE ENTERED OR WITHDRAWN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