LIQUIDATION INSTRUCTIONS - ANTIFRICTION BEARINGS FROM JAPAN (A-588-201, A-588-203, A-588-205)

MESSAGE NO: 4209113 DATE: 07 28 1994 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 588 - 201 A - 588 - 203 A - 588 - 205 - - - - - - PERIOD COVERED: 05 01 1992 TO 04 30 1993 LIQ SUSPENSION DATE: TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS DISTRICT DIRECTORS, AREA AND PORT DIRECTORS FROM: DIRECTOR, TRADE COMPLIANCE DIVISION RE: LIQUIDATION INSTRUCTIONS - ANTIFRICTION BEARINGS FROM JAPAN (A-588-201, A-588-203, A-588-205) 1. THE DEPARTMENT OF COMMERCE NO LONGER AUTOMATICALLY CONDUCTS ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY FINDINGS/ORDERS. INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 353.22(A) OF THE COMMERCE REGULATIONS. 2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDERS ON ANTIFRICTION BEARINGS FROM JAPAN FOR THE PERIOD MAY 1, 1992, THROUGH APRIL 30, 1993, EXCEPT FOR THE FIRMS LISTED BELOW. THEREFORE, IN ACCORDANCE WITH SECTION 353.22(E) OF THE COMMERCE REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD MAY 1, 1992, THROUGH APRIL 30, 1993, AT THE CASH DEPOSIT OR BONDING RATE REQUIRED AT THE TIME OF ENTRY, OR AT THE RATES SPECIFIED IN PARAGRAPH 3, FOR MERCHANDISE MANUFACTURED AND EXPORTED BY ALL FIRMS EXCEPT THOSE LISTED BELOW. MANUFACTURER/EXPORTER BALL BEARINGS AND PARTS THEREOF FROM JAPAN A-588-201 LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: GENERAL BEARING CORP. HONDA MOTOR CO., LTD. IZUMOTO SEIKO CO., LTD. KOYO SEIKO COMPANY, LTD. NACHI-FUJIKOSHI CORPORATION NANKAI SEIKO CO., LTD. NIPPON PILLOW BLOCK SALES COMPANY, LTD. NIPPON SEIKO K.K. (NSK LTD.) NTN CORP. PEER INTERNATIONAL SST TAKESHITA SEIKO CO., LTD. CYLINDRICAL ROLLER BEARINGS AND PARTS THEREOF FROM JAPAN A-588-203 LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: GENERAL BEARING CORP. HONDA MOTOR CO., LTD. KOYO SEIKO COMPANY NACHI-FUJIKOSHI CORP. NIPPON SEIKO K.K. (NSK LTD.) NTN CORP. PEER INTERNATIONAL SST SPHERICAL PLAIN BEARINGS AND PARTS THEREOF FROM JAPAN A-588-205 LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT: GENERAL BEARING CORP. HONDA MOTOR CO., LTD. KOYO SEIKO COMPANY, LTD. NIPPON SEIKO K.K. (NSK LTD.) NTN CORP. SST 3. ON MAY 25, 1993, THE COURT OF INTERNATIONAL TRADE ORDERED THE COMMERCE DEPARTMENT TO REINSTATE THE "ALL OTHERS" CASH DEPOSIT RATE FROM THE LESS-THAN-FAIR-VALUE INVESTIGATION FOR ENTRIES MADE BETWEEN MAY 1, 1992, AND JUNE 23, 1992. THE "ALL OTHERS" RATES IN EFFECT AT THAT TIME WERE BASED ON THE FINAL RESULTS OF THE FIRST ADMINISTRATIVE REVIEWS OF THESE ORDERS, PUBLISHED IN THE FEDERAL REGISTER ON JULY 11, 1991. ACCORDINGLY, FOR ANY ENTRIES TO BE LIQUIDATED PURSUANT TO PARAGRAPH 2 ABOVE, WHICH WERE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD MAY 1, 1992, THROUGH JUNE 23, 1992, AND WHICH WERE SUBJECT TO THE "ALL OTHERS" DEPOSIT RATE, REINSTATE THE FOLLOWING CASH DEPOSIT RATES AND LIQUIDATE THE ENTRIES AT THESE RATES: CASE NUMBER PERCENT A-588-201-000 45.83 A-588-203-000 25.80 A-588-205-000 84.33 4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930, WHICH REQUIRE INTEREST TO BE PAID ON OVERPAYMENTS AND UNDERPAYMENTS OF AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. CALCULATED 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 FOR SUCH PERIOD. 5. ENTRIES OF MERCHANDISE FROM EXCEPTED FIRMS SHOULD NOT BE LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE COMPLETION OF THE ADMINISTRATIVE REVIEW, CONTINUE TO SUSPEND LIQUIDATION OF ALL ENTRIES OF MERCHANDISE EXPORTED OR PRODUCED BY THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THIS PERIOD. 6. THIS E-MAIL MESSAGE CONSTITUTES THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIOD INDICATED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATE. 7. WHENEVER THE USE OF THESE INSTRUCTIONS RESULTS IN THE 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, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES DUE IN ACCORDANCE WITH THE ABOVE REFERENCED REGULATIONS. 8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL THROUGH THE REGIONAL ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR THE TRADE COMPLIANCE DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT RICHARD RIMLINGER OR MICHAEL RILL AT (202) 482-4733, OFFICE OF ANTIDUMPING COMPLIANCE, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE. 9. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION. NANCY MCTEIRNAN