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02-0448 ADD-2092208-AFBS-GERMANY |
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ADMINISTRATIVE MESSAGE 02-0448 04/03/2002
TITLE: ADD-2092208-AFBS-GERMANY
TO: ALL ABI BROKERS.
FROM: HQ OAB
SUBJECT: ADD-2092208-AFBS-GERMANY
DATE: 04/02/2002
MESSAGE NO: 2092208 DATE: 04 02 2002
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 428 - 201 A - 428 - 202
A - 428 - 203 A - 428 - 205
- - - -
PERIOD COVERED: 05 01 1992 TO 04 30 1993
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, AND PARTS THEREOF FROM GERMANY
(A-428-201, 202, 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 GERMANY FOR THE
PERIOD 5/1/1992 THROUGH 4/30/1993:
MESSAGE
COMPANY DATE NUMBER
UNREVIEWED FIRMS 08/11/94 4223111
FAG 11/28/01 1332206
FICHTEL & SACHS 03/13/01 1072204
FRANKEY & HEYDRICH 07/27/01 1208202
GMN 07/25/01 1206220
INA 11/29/01 1333201
NTN 12/12/01 1346202
SKF 11/29/01 1333205
2. IF YOU ARE STILL SUSPENDING LIQUIDATION ON ANY ENTRIES OF
AFBS FROM GERMANY DURING THE PERIOD 5/1/1992 THROUGH
4/30/1993 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
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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