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02-0632 ADD-2129203-AFBS-FRANCE |
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ADMINISTRATIVE MESSAGE 02-0632 05/10/2002
TITLE: ADD-2129203-AFBS-FRANCE
TO: ALL ABI BROKERS.
FROM: HQ OAB
SUBJECT: ADD-2129203-AFBS-FRANCE
DATE: 05/09/2002
MESSAGE NO: 2129203 DATE: 05 09 2002
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 427 - 201 A - 427 - 203
A -427 - 205
PERIOD COVERED: 05 01 1993 TO 04 30 1994
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: LIQUIDATION INSTRUCTIONS FOR AFBS, OTHER THAN TAPERED
ROLLER BEARINGS FROM FRANCE (A-427-201, 203, 205)
1. BELOW ARE THE ONLY LIQUIDATION INSTRUCTIONS THAT HAVE BEEN
SENT TO DATE FOR AFBS (BALL BEARINGS, CYLINDRICAL ROLLER
BEARINGS AND SPHERICAL PLAIN BEARINGS) FROM FRANCE FOR THE
PERIOD 5/1/1993 THROUGH 4/30/1994:
MESSAGE
COMPANY DATE NUMBER
UNREVIEWED FIRMS 03/21/96 6081113
AVIAC 08/22/01 1234201
INA 03/14/01 1073206
SKF 08/22/01 1234202
SNFA 03/06/01 1065206
SNR 04/19/02 2109202
TECHNOFAN 03/13/01 1072203
2. IF YOU ARE STILL SUSPENDING LIQUIDATION ON ANY ENTRIES OF
AFBS FROM FRANCE DURING THE PERIOD 5/1/1993 THROUGH 4/30/1994
AFTER APPLYING ALL OF THE ABOVE LIQUIDATION INSTRUCTIONS, YOU
SHOULD NOW LIQUIDATE SUCH ENTRIES AT THE DEPOSIT RATE REQUIRED AT
THE TIME OF ENTRY OF THE MERCHANDISE.
3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE MERCHANDISE
AND PERIOD LISTED ABOVE.
4. 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 AND 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 WHICH IS MAY 15, 1989. INTEREST SHALL BE
CALCULATED FROM THE DATE PAYMENT OF ESTIMATED ANTIDUMPING DUTIES IS
REQUIRED 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, CUSTOMS SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN
SECTION 353.26 (1996) 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.
6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT JENNIFER MOATS AT 202-482- 5047, AD/CVD ENFORCEMENT3, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF
COMMERCE.
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
PAUL SCHWARTZ
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