LIQUIDATION INSTRUCTIONS FOR BALL BEARINGS AND PARTS THEREOF FROM FRANCE, GERMANY AND ITALY EXPORTED BY RINGBALL (A-427-201, A-428-201, A-475-201)

MESSAGE NO: 3248227 DATE: 09 05 2003 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 427 - 201 A - 428 - 201 A - 475 - 201 - - - - - - PERIOD COVERED: 05 01 2001 TO 04 30 2002 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTIONS FOR BALL BEARINGS AND PARTS THEREOF FROM FRANCE, GERMANY AND ITALY EXPORTED BY RINGBALL (A-427-201, A-428-201, A-475-201) 1. THE DEPARTMENT OF COMMERCE HAS RECEIVED REQUESTS FOR ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDERS ON BALL BEARINGS AND PARTS THEREOF FROM FRANCE, GERMANY, AND ITALY FOR THE PERIOD 05/01/01 THROUGH 04/30/02. SUBSEQUENTLY, THE DEPARTMENT OF COMMERCE RECEIVED TIMELY WITHDRAWALS OF SOME OF THE REQUESTS AND ON 02/07/03 COMMERCE RESCINDED CERTAIN ADMINISTRATIVE REVIEWS IN FULL IN ACCORDANCE WITH 19 CFR 351.213(d)(1) (68 FR 6404). ACCORDINGLY, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON ALL MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT RATE IN EFFECT ON THE DATE OF ENTRY FOR THE FOLLOWING: BALL BEARINGS FROM FRANCE (A-427-201) PERIOD LIQUIDATE ALL ENTRIES EXPORTED BY: RINGBALL CORPORATION (RINGBALL) 05/01/01- 04/30/02 BALL BEARINGS FROM GERMANY (A-428-201) PERIOD LIQUIDATE ALL ENTRIES EXPORTED BY: RINGBALL CORPORATION (RINGBALL) 05/01/01- 04/30/02 BALL BEARINGS FROM ITALY (A-475-201) PERIOD LIQUIDATE ALL ENTRIES EXPORTED BY: RINGBALL CORPORATION (RINGBALL) 05/01/01- 04/30/02 2. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE. UNLESS OTHERWISE INSTRUCTED, YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES. 3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE U.S. BUREAU OF CUSTOMS AND BORDER PROTECTION ON SHIPMENTS OR 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 OVERPAYMENT AND ASSESS INTEREST ON UNDERPAYMENT OF THE REQUIRED AMOUNT 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 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. 4. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 351.402(f)(2) 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. 5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE _ CONTACT DAVID DIRSTINE AT (202) 482-4033 OR DAVID DIRSTINE AT ITA.DOC.GOV, AD/CVD ENFORCEMENT 3, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA