LIQ INST. FOR SPHERICAL PLAIN BEARINGS & PARTS THEREOF FROM FRANCE PRODUCED OR EXPORTED BY SKF FRANCE S.A. OR SKF AEROSPACE FRANCE (FORMERLY KNOWN AS SARMA)

MESSAGE NO: 6040205 DATE: 02 09 2006 CATEGORY: ADA TYPE: LIQ REFERENCE: 5216210 REFERENCE DATE: 08 04 2005 CASES: A - 427 - 205 - - - - - - - - - - PERIOD COVERED: 05 01 2004 TO 04 30 2005 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQ INST. FOR SPHERICAL PLAIN BEARINGS & PARTS THEREOF FROM FRANCE PRODUCED OR EXPORTED BY SKF FRANCE S.A. OR SKF AEROSPACE FRANCE (FORMERLY KNOWN AS SARMA) THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. 1. THE DEPARTMENT OF COMMERCE RECEIVED A REQUEST FOR AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON SPHERICAL PLAIN BEARINGS AND PARTS THEREOF FROM FRANCE FOR SKF FRANCE S.A. AND SKF AEROSPACE FRANCE (FORMERLY KNOWN AS SARMA) FOR THE PERIOD 05/01/2004 THROUGH 04/30/2005. SUBSEQUENTLY, COMMERCE RECEIVED A TIMELY WITHDRAWAL OF THE REQUEST AND ON OCTOBER 21, 2005, COMMERCE RESCINDED THE ADMINISTRATIVE REVIEW WITH RESPECT TO SPHERICAL PLAIN BEARINGS AND PARTS THEREOF FROM FRANCE IN ACCORDANCE WITH 19 CFR 351.213 (d) (1) (70 FR 61251). ACCORDINGLY, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON ALL MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT RATE IN EFFECT ON THE DATE OF ENTRY FOR SKF FRANCE S.A. (A-427-205-012) OR SKF AEROSPACE FRANCE (FORMERLY KNOWN AS SARMA) (A-427-205-008) FOR THE PERIOD 05/01/2004 THROUGH 04/30/2005. THIS MERCHANDISE MAY ALSO HAVE ENTERED UNDER A-427-205-015. 2. FURTHER, PARAGRAPH 2 OF MESSAGE NUMBER 5216210, DATED 08/04/2005, INSTRUCTED U.S. CUSTOMS AND BORDER PROTECTION (CBP) TO CONTINUE THE SUSPENSION OF LIQUIDATION WITH RESPECT TO SPHERICAL PLAIN BEARINGS FROM FRANCE FOR SNR ROULEMENTS. BECAUSE COMMERCE DID NOT RECEIVE A REQUEST FOR REVIEW OF SNR ROULEMENTS' SPHERICAL PLAIN BEARINGS FOR THE PERIOD 05/01/2004 THROUGH 04/30/2005, REFERENCE TO SNR ROULEMENTS IN PARAGRAPH 2 SHOULD BE DISREGARDED. 3. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 05/01/2004 THROUGH 04/30/2005 OCCURRED WITH THE PUBLICATION OF THE RESCISSION AND PARTIAL RESCISSION OF THE ADMINISTRATIVE REVIEWS (70 FR 61251, OCTOBER 21,2005). FOR ALL OTHER SHIPMENTS OF SPHERICAL PLAIN BEARINGS FROM FRANCE YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES. 4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CBP 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 CBP 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 WHICH IS MAY 15, 1989. 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. 5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP 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, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER DOES NOT RESPOND TO YOUR FORMAL REQUEST FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC, AND INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 (GENERATED BY 05: LJ). 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA