LIQUIDATION INSTRUCTIONS FOR ANTIFRICTION BEARINGS (OTHER THAN TAPERED ROLLER BEARINGS) AND PARTS FROM JAPAN (MAEHARA IRONWORKS CO., LTD.)

MESSAGE NO: 3109116 DATE: 04 19 1993 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 588 - 202 - - - - - - - - - - PERIOD COVERED: 11 09 1988 TO 04 30 1991 LIQ SUSPENSION DATE: TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS DISTRICT DIRECTORS, AREA AND PORT DIRECTORS FROM: DIRECTOR, IMPORT SPECIALIST DIVISION RE: LIQUIDATION INSTRUCTIONS FOR ANTIFRICTION BEARINGS (OTHER THAN TAPERED ROLLER BEARINGS) AND PARTS FROM JAPAN (MAEHARA IRONWORKS CO., LTD.) 1. FOR ALL SHIPMENTS OF SPHERICAL PLAIN BEARINGS FROM JAPAN THAT WERE PRODUCED BY MAEHARA IRONWORKS AND EXPORTED BY KUROE INDUSTRIES CO., LTD. AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD NOVEMBER 9, 1988 THROUGH APRIL 30, 1990, ASSESS ANTIDUMPING DUTIES AT THE CASH DEPOSIT OR BONDING RATE REQUIRED AT THE TIME OF ENTRY. THE ADMINISTRATIVE REVIEW OF THIS PERIOD DID NOT COVER ENTRIES FROM MAEHARA\ KUROE. THEREFORE, SECTION 353.22(E) OF THE COMMERCE DEPARTMENT REGULATIONS IS APPLICABLE. THAT PROVISION REQUIRES THE AUTOMATIC LIQUIDATION OF ENTRIES NOT COVERED BY THE REVIEW AT THE CASH DEPOSIT OR BONDING RATE REQUIRED AT THE TIME OF ENTRY, OR WITHDRAWAL FROM WAREHOUSE, FOR CONSUMPTION. 2. FOR ALL SHIPMENTS OF SPHERICAL PLAIN BEARINGS FROM JAPAN THAT WERE PRODUCED BY MAEHARA IRONWORKS AND EXPORTED BY KUROE INDUSTRIES AND IMPORTED BY HEIM BEARINGS DIVISION, IMO INDUSTRIES, INC., AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD MAY 1, 1990 THROUGH APRIL 30, 1991, ASSESS A DUMPING LIABILITY EQUAL TO $.0047 PER UNIT (PER PIECE). 3. FOR ALL OTHER SHIPMENTS, NOT COVERED BY PARAGRAPH 2, OF SPHERICAL PLAIN BEARINGS FROM JAPAN THAT WERE PRODUCED BY MAEHARA IRONWORKS AND EXPORTED BY KUROE INDUSTRIES AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD MAY 1, 1990 THROUGH APRIL 30, 1991, ASSESS ANTIDUMPING DUTIES AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. 4. FOR ENTRIES OF THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 15, 1989, INTEREST IS PAYABLE ON OVERPAYMENT AND UNDERPAYMENT OF AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. CALCULATE INTEREST FROM THE DATE OF PAYMENT OF ESTIMATED ANTIDUMPING DUTIES THROUGH THE DATE OF LIQUIDATION, USING THE RATE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD. 5. YOU MAY RELEASE APPRAISED VALUES TO THE INDIVIDUAL IMPORTER CONCERNED OR HIS AUTHORIZED REPRESENTATIVE. YOU MAY NOT RELEASE ANY DETAILS OF THE CALCULATIONS OF APPRAISED VALUES WITHOUT THE AUTHORIZATION OF CUSTOMS SERVICE HEADQUARTERS. 6. IN ACCORDANCE WITH C.I.E. N-15\ 88, DATED APRIL 21, 1988, REPORT TO CUSTOMS SERVICE HEADQUARTERS AND ANTIDUMPING DUTIES DUE. 7. IMMEDIATELY FORWARD TO CUSTOMS SERVICE HEADQUARTERS ANY INFORMATION ON FILE WHICH MIGHT AFFECT THE APPRAISED VALUES UNDER THE ANTIDUMPING PROVISIONS, WITH AN EXPLANATION OF THE CIRCUMSTANCES UNDER WHICH IT WAS RECEIVED. IN SUCH A CASE, SUSPEND LIQUIDATION OF THE AFFECTED ENTRIES UNTIL A DECISION IS MADE CONCERNING THE APPLICABILITY OF THE ADDITIONAL INFORMATION. 8. WHENEVER IMPLEMENTATION OF THE ABOVE INSTRUCTIONS RESULTS IN ASSESSMENT OF ANTIDUMPING DUTIES, REQUIRE OF THE IMPORTER, PRIOR TO LIQUIDATION, THE REIMBURSEMENT STATEMENT DESCRIBED IN SECTION 353.26 OF THE COMMERCE DEPARTMENT REGULATIONS. IF THE IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES OR FAILS TO RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, YOU SHOULD DOUBLE THE ANTIDUMPING DUTIES DUE IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. 9. YOU SHOULD PROCEED WITH LIQUIDATION UPON RECEIPT OF THIS MESSAGE. 10. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT THE IMPORT SPECIALIST DIVISION, OTHER AGENCY BRANCH, VIA E-MAIL ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT KRIS CAMPBELL OR MICHAEL RILL AT (202) 482-4733, OFFICE OF ANTIDUMPING COMPLIANCE, IMPORT ADMINISTRATION, DEPARTMENT OF COMMERCE. NANCY MCTIERNAN