AMENDED CASH DEPOSIT & LIQUIDATION INSTRUCTIONS FOR TAPERED ROLLER BEARINGS & PARTS THEREOF FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-601)

MESSAGE NO: 6164119 DATE: 06 12 1996 CATEGORY: ADA TYPE: ADM REFERENCE: REFERENCE DATE: CASES: A - 570 - 601 - - - - - - - - - - PERIOD COVERED: 06 01 1989 TO 05 31 1990 LIQ SUSPENSION DATE: TO: CMC DIRECTORS, PORT DIRECTORS FROM: DIRECTOR, TECHNICAL PROGRAMS RE: AMENDED CASH DEPOSIT & LIQUIDATION INSTRUCTIONS FOR TAPERED ROLLER BEARINGS & PARTS THEREOF FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-601) 1. THE DEPARTMENT OF COMMERCE HAS AMENDED THE FINAL RESULTS OF ITS ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON TAPERED ROLLER BEARINGS (TRBS) FROM THE PEOPLE'S REPUBLIC OF CHINA (PRC) FOR THE PERIOD OF JUNE 1, 1989 THROUGH MAY 31, 1990 FOR PREMIER AND SHANGHAI GENERAL AND MAY 12, 1989 TO MAY 31, 1990 FOR ALL OTHER COMPANIES. THIS AMENDMENT WAS PUBLISHED ON JUNE 10, 1996, IN THE FEDERAL REGISTER AND CHANGES THE CASH DEPOSIT RATE FOR JILIN MACHINERY IMPORT AND EXPORT CORPORATION AND THE ALL OTHERS RATE. IN ADDITION, LIQUIDATION CAN NOW TAKE EFFECT FOR ALL ENTRIES OF TRBS FROM THE PRC FOR THE PERIOD OF JUNE 1, 1989 THROUGH MAY 31, 1990 FOR PREMIER AND SHANGHAI GENERAL AND MAY 12, 1989 TO MAY 31, 1990 FOR ALL OTHER COMPANIES. 2. FOR ALL SHIPMENTS OF TRBS FROM THE PRC ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION IN THE U.S. ON OR AFTER JUNE 10, 1996, THE AMENDED CASH DEPOSIT REQUIREMENTS ARE SHOWN IN PARAGRAPH #7 BELOW. 3. THESE CASH DEPOSITS WILL REMAIN IN EFFECT UNTIL PUBLICATION OF THE FINAL RESULTS OF THE NEXT ADMINISTRATIVE REVIEW. 4. IN ADDITION, FOR ALL SHIPMENTS OF TRBS FROM THE PRC ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION IN THE U.S. DURING THE PERIOD OF JUNE 1, 1989 THROUGH MAY 31, 1990 FOR PREMIER AND SHANGHAI GENERAL AND MAY 12, 1989 TO MAY 31, 1990 FOR ALL OTHER COMPANIES, ASSESS AN ANTIDUMPING LIABILITY EQUAL TO THE PERCENTAGE AMOUNTS OF THE ENTERED VALUE SHOWN IN PARAGRAPH #7 BELOW. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE. 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, OR 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 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. 6. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 351.402(F) OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER FAILS TO 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. THE AMENDED RATES ARE AS FOLLOWS: PRODUCER/ CUSTOMS DEPOSIT EXPORTER IDENTIFICATION RATE PREMIER BEARING AND EQUIPMENT LTD. A-570-601-001 0.60% CHINA NATIONAL MACHINERY AND EQUIPMENT IMPORT AND EXPORT CORP. A-570-601-002 0.00% GUIZHOU MACHINERY IMPORT AND EXPORT CORP. A-570-601-003 0.00% HENAN MACHINERY AND EQUIPMENT IMPORT AND EXPORT CORP. A-570-601-004 0.00% JILIN MACHINERY IMPORT AND EXPORT CORP. A-570-601-005 7.07% LIAONING MACHINERY AND EQUIPMENT IMPORT AND EXPORT CORP. A-570-601-006 0.00% LUOYANG BEARING FACTORY A-570-601-007 1.05% SHANGHAI GENERAL BEARING CO., LTD. A-570-601-008 0.00% ALL OTHERS A-570-601-000 2.96% 8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, TECHNICAL PROGRAMS, ANTIDUMPING/COUNTERVAILING DUTY, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT JOHN BECK OF THE OFFICE OF ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE. TELEPHONE: (202) 482-3464. 9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. NANCY MCTIERNAN