MESSAGE NO: 4293201 DATE: 10/19/2004

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES:

PERIOD COVERED: 05/01/2002 TO 04/30/2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQ. INSTR.-BALL BEARINGS AND PARTS THEREOF FROM THE UK PROD\'D OR
EXP\'D, BY AEROENGINE BEARINGS (A-412-201) (ACTED AS MFR. EXPORTER,
IMPORTER, OR, CUSTOMER)

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

1\. ON SEPTEMBER 15, 2004, THE DEPARTMENT OF COMMERCE (COMMERCE)
PUBLISHED IN THE FEDERAL REGISTER ITS NOTICE OF FINAL RESULTS OF
ANTIDUMPING DUTY ADMINISTRATIVE REVIEW WITH RESPECT TO BALL BEARINGS AND
PARTS THEREOF (BBS) FROM THE UNITED KINGDOM (A-412-201).

2\. COMMERCE REVIEWED ONE COMPANY, AEROENGINE BEARINGS, WHICH DID NOT
RESPOND TO ITS REQUEST FOR INFORMATION. AS A RESULT, COMMERCE DETERMINED
TO APPLY AN ADVERSE FACTS-AVAILABLE RATE TO ALL IMPORTS OF BBS FOR WHICH
AEROENGINE BEARINGS ACTED IN ANY ASPECT OF THE TRANSACTION. THEREFORE,
YOU SHOULD REVIEW SUPPORTING DOCUMENTATION FOR ALL ENTRIES OF BBS FROM
THE UNITED KINGDOM AND, FOR ALL SHIPMENTS OF BBS FROM THE UNITED KINGDOM
FOR WHICH AEROENGINE BEARINGS HAD ANY INVOLVEMENT (FOR EXAMPLE, IT ACTED
AS MANUFACTURER, EXPORTER, IMPORTER, OR CUSTOMER) IN THE TRANSACTION (AS
INDICATED ON THE COMMERCIAL INVOICE OR CUSTOMS DOCUMENTATION) AND WHICH
WERE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE
PERIOD 05/01/2002 THROUGH 04/30/2003, ASSESS AN ANTIDUMPING LIABILITY OF
61.14 PERCENT OF THE ENTERED VALUE. THE MERCHANDISE SUBJECT TO THIS
PARAGRAPH MAY HAVE ENTERED UNDER ANY OF THE TEN-DIGIT CASE NUMBERS FOR
BBS FROM THE UNITED KINGDOM.

3\. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF
LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE. FOR
ALL OTHER SHIPMENTS OF BBS FROM THE UNITED KINGDOM 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 U.S. CUSTOMS AND BORDER
PROTECTION (CBP) ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778
REQUIRES THAT CBP 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, CBP SHOULD REQUIRE THAT THE
IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN 19 CFR
351.402. IMPORTERS WERE NOTIFIED OF THIS REQUIREMENT WHEN THE NOTICES OF
PRELIMINARY AND FINAL RESULTS OF THE ADMINISTRATIVE REVIEW WERE
PUBLISHED IN THE FEDERAL REGISTER. 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, CBP 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, CBP SHOULD PRESUME
REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.

6\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI
OR RON TRENTHAM AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT
(202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O5: JOF).

7\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA