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02-0687 ADD-2143209-AFBS-GERMANY |
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ADMINISTRATIVE MESSAGE 02-0687 05/24/2002
TITLE: ADD-2143209-AFBS-GERMANY
TO: ALL ABI BROKERS.
FROM: HQ OAB
SUBJECT: ADD-2143209-AFBS-GERMANY
DATE: 05/23/2002
MESSAGE NO: 2143209 DATE: 05 23 2002
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 428 - 201 A - 428 - 203
A - 428 - 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 ANTIFRICTION
BEARINGS,OTHER THAN TAPERED ROLLER BEARINGS,
AND PARTS THEREOF FROM GERMANY(A428-201,203,205)
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 GERMANY FOR THE
PERIOD 5/1/1993 THROUGH 4/30/1994:
MESSAGE
COMPANY DATE NUMBER
UNREVIEWED FIRMS 03/21/96 6081113
CROSS-TRADE 03/16/01 1075202
EXTA AUSSENHANDEL 01/23/02 2023204
FAG 04/05/02 2095201
FICHTEL & SACHS 03/21/01 1080205
INA 01/08/01 1008203
NTN 04/19/02 2109206
SKF 02/12/01 1043209
SNR 05/19/98 8139112
2. IF YOU ARE STILL SUSPENDING LIQUIDATION ON ANY ENTRIES
OF AFBS FROM GERMANY 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 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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