• Period Covered: 05/01/1998 to 04/30/1999

MESSAGE NO: 9263116 DATE: 09 20 1999
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 427 - 201 A - 427 - 203
A - 427 - 205 A - 428 - 201
A - 428 - 203 A - 428 - 205

PERIOD COVERED: 05 01 1998 TO 04 30 1999

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: NON REVIEW AUTOMATIC LIQUIDATION INSTRUCTIONS AFBS
FROM FRANCE AND GERMANY (A-427-201,203,205)
(A-428-201,203,205)

1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY
CONDUCT ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH
SECTION 351.213 OF THE COMMERCE DEPARTMENT REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR
AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDERS FOR
THE PERIODS AND ON THE MERCHANDISE LISTED BELOW, EXCEPT
FOR THE FIRMS NOTED. THEREFORE, IN ACCORDANCE WITH
SECTION 351.212(c) OF THE COMMERCE DEPARTMENT REGULATIONS,
YOU ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT
THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE OF
ENTRY.

MERCHANDISE/CASE NUMBER PERIOD

BALL BEARINGS AND PARTS THEREOF FROM FRANCE
5/01/1998-4/30/1999
A-427-201
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

SKF FRANCE SA (INCLUDING ALL RELEVANT AFFILIATES)
SOMECAT SPA/SNFA SA (INCLUDING ALL RELEVANT AFFILIATES)
SOCIETE NOUVELLE DE ROULEMENTS (SNR) (INCLUDING ALL RELEVANT
AFFILIATES)

CYLINDRICAL ROLLER BEARINGS AND PARTS
5/01/1998-4/30/1999
THEREOF FROM FRANCE
A-427-203
5/01/1998-4/30/1999
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

SKF FRANCE SA (INCLUDING ALL RELEVANT AFFILIATES)
SOMECAT SPA/SNFA SA (INCLUDING ALL RELEVANT AFFILIATES)
SOCIETE NOUVELLE DE ROULEMENTS (SNR) (INCLUDING ALL RELEVANT
AFFILIATES)

SPHERICAL PLAIN BEARINGS AND PARTS
5/01/1998-4/30/1999
THEREOF FROM FRANCE
A-427-205
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

SKF FRANCE SA (INCLUDING ALL RELEVANT AFFILIATES)

BALL BEARINGS AND PARTS THEREOF FROM GERMANY
5/01/1998-4/30/1999
A-428-201
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

FAG KUGELFISCHER GEORG SCHAFER AG (INCLUDING ALL RELEVANT
AFFILIATES)
INA WALZLAGER SCHAEFFLER KG (INCLUDING ELGES GMBH AND ALL
RELEVANT
AFFILIATES)
NTN KUGELLAGERFABRIK GMBH (INCLUDING ALL RELEVANT AFFILIATES
SKF GMBH (INCLUDING ALL RELEVANT AFFILIATES)
SNR (INCLUDING ALL RELEVANT AFFILIATES)
TORRINGTON NADELLAGER GMBH (TORRINGTON/KUNSEBECK) (INCLUDING
ALL RELEVANT AFFILIATES)
PAUL MULLER GMBH & CO KG
MPT PRAZISIONSTEILE GMBH MITTWEIDA

CYLINDRICAL ROLLER BEARINGS AND PARTS THEREOF FROM GERMANY
A-428-203
5/01/1998-4/30/1999
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

FAG KUGELFISCHER GEORG SCHAFER AG (INCLUDING ALL RELEVANT
AFFILIATES)
INA WALZLAGER SCHAEFFLER KG(INCLUDING ELGES GMBH AND ALL
RELEVANT AFFILIATES)
SKF GMBH (INCLUDING ALL RELEVANT AFFILIATES)
SNR (INCLUDING ALL RELEVANT AFFILIATES)
TORRINGTON NADELLAGER GMBH (TORRINGTON/KUNSEBECK) (INCLUDING
ALL RELEVANT AFFILIATES)
MPT PRAZISIONSTEILE GMBH MITTWEIDA

SPHERICAL PLAIN BEARINGS AND PARTS THEREOF FROM GERMANY
A-428-205
5/01/1998-4/30/1999
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

INA WALZLAGER SCHAEFFLER KG(INCLUDING ELGES GMBH AND ALL
RELEVANT AFFILIATES)
SKF GMBH (INCLUDING ALL RELEVANT AFFILIATES)
TORRINGTON NADELLAGER GMBH (TORRINGTON/KUNSEBECK) (INCLUDING
ALL RELEVANT AFFILIATES)

3. ENTRY SUMMARIES OF MERCHANDISE OF 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.

4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIODS LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT
ENTRIES OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
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 PAYS INTEREST ON
OVERPAYMENTS AND ASSESSES INTEREST ON UNDERPAYMENTS OF THE
REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES.
THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH 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 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.

7. 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 ATTRIBUTE "HQ OAB." THE IMPORTING
PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT EDYTHE
ARTMAN AT 202-482-3931, AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.

PAUL SCHWARTZ