MESSAGE NO: 7265111 DATE: 09 22 1997
CATEGORY: ADA TYPE: OTH
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 201 A - 588 - 203
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PERIOD COVERED: 06 24 1992 TO 12 13 1992

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: REFUND OF EXCESS ANTIDUMPING DUTY DEPOSITS POSTED
BY NIPPON SEIKO K.K. (NSK) BALL BEARINGS (BSS) &
CYLINDRICAL ROLLER BEARINGS(CRBS)FROM JAPAN

1. THE DEPARTMENT OF COMMERCE HAS DETERMINED THAT NSK POSTED
EXCESS ANTIDUMPING DUTY DEPOSITS ON BBS & CRBS DURING THE
PERIOD 06/24/92 THROUGH 12/13/92. THE FOLLOWING LIST
INDICATES THE DEPOSIT RATES THAT WERE INCORRECTLY ASSIGNED
TO MANUFACTURER/ EXPORTER NSK IN THE FINAL RESULTS OF REVIEW
AND THE CORRECT DEPOSIT RATES THAT WERE REFLECTED IN THE
AMENDED FINAL RESULTS PUBLISHED ON 12/14/92 (57 FR 59080).

INCORRECT AMENDED
CLASS OR KIND 10-DIGIT CASE NUMBER RATE RATE

BBS A-588-201-008 7.22 4.62

CRBS A-588-203-008 14.34 12.69

2. COMMERCE INCORRECTLY CALCULATED THE ANTIDUMPING DUTY MARGINS
FOR THE ADMINISTRATIVE REVIEW UNDERLYING THE ABOVE INCORRECT
RATES IN A WAY THAT WAS ADVERSE TO THE IMPORTER. COMMERCE
MADE CLERICAL ERRORS BY SUBTRACTING INCORRECT AMOUNTS FROM
U.S. PRICE FOR U.S. INLAND FREIGHT EXPENSES AND BY FAILING
TO SUBTRACT INDIRECT SELLING EXPENSES FROM FOREIGN MARKET
VALUE IN THE CALCULATION OF MARGIN AMOUNTS. THESE CLERICAL
ERRORS RESULTED IN EXCESSIVE MARGIN RATES. THE COURT OF
INTERNATIONAL TRADE AFFIRMED THE CLERICAL ERRORS AND ORDERED
THE ISSUANCE OF A REFUND IN SLIP OP. 96-50. THEREFORE, FOR
ALL SHIPMENTS BY NSK OF BBS AND CRBS FROM JAPAN ENTERED, OR
WITHDRAWN FROM WAREHOUSE, DURING THIS PERIOD FOR WHICH NSK
POSTED A DEPOSIT RATE EQUAL TO THE INCORRECT RATE LISTED
ABOVE, YOU ARE INSTRUCTED TO GRANT A REFUND OF THE AMOUNT OF
EXCESS ANTIDUMPING DUTY DEPOSITS BASED ON THE DIFFERENCE
BETWEEN THE INCORRECT RATE (POSTED DUE TO THE APPLICATION OF
THE INCORRECT RATE) AND THE AMENDED RATE. INTEREST ON
OVERPAYMENT DUE TO THESE CLERICAL ERRORS WILL BE PAID IN
ACCORDANCE WITH NORMAL ESTABLISHED PRACTICE UNDER 19 U.S.C.
1520(a)(4).

3. DO NOT LIQUIDATE ANY OF THE ABOVE ENTRIES UNTIL LIQUIDATION
INSTRUCTIONS ARE RECEIVED.

4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, IMPORT OPERATIONS, ANTIDUMPING/
COUNTERVAILING DUTY, USING THE ATTRIBUTE "HQ OAB." IMPORTING
PUBLIC AND INTERESTED PARTIES SHOULD CONTACT LYN JOHNSON
AT(202)482-5287, AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

5. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.


PAUL SCHWARTZ