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02-0439 ADD-2087202-AFBS-THAILAND |
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ADMINISTRATIVE MESSAGE 02-0439 04/01/2002
TITLE: ADD-2087202-AFBS-THAILAND
TO: ALL ABI BROKERS.
FROM: HQ OAB
SUBJECT: ADD-2087202-AFBS-THAILAND
DATE: 03/28/2002
MESSAGE NO: 2087202 DATE: 03 28 2002
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 549 - 201 - -
- - - -
- - - -
PERIOD COVERED: 11 09 1988 TO 04 30 1990
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: LIQUIDATION INSTRUCTIONS FOR ANTIFRICTION BEARINGS, OTHER
THAN TAPERED ROLLER BEARINGS, AND PARTS THEREOF FROM
THAILAND (A-549-201)
1. BELOW ARE THE ONLY LIQUIDATION INSTRUCTIONS THAT HAVE BEEN
SENT TO DATE FOR AFBS (BALL BEARINGS) FROM THAILAND FOR THE
PERIOD 11/9/88 THROUGH 4/30/90:
MESSAGE
COMPANY DATE NUMBER
UNREVIEWED FIRMS 6/25/91 1176112
NMB/PELMEC 10/2/95 5275112
2. IF YOU ARE STILL SUSPENDING LIQUIDATION ON ANY ENTRIES OF
AFBS FROM THAILAND DURING THE PERIOD 11/9/88 THROUGH 4/30/90
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. FOR ALL OTHER SHIPMENTS OF AFBS FROM
THAILAND 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 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 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 HAS BEEN 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 ENFORCEMENT 3,
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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