MESSAGE NO: 8333206 DATE: 11/28/2008

CATEGORY: ADA TYPE: LIQ

REFERENCE: 8280201 REFERENCE DATE: 10/06/2008

CASES: A-412-201

PERIOD COVERED: 05/01/2006 TO 04/30/2007

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR BALL BEARINGS AND PARTS, THEREOF FROM
THE UNITED KINGDOM PRODUCED AND/OR, EXPORTED BY LENTZ & SCHMAHL
(A-412-201)

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THE INFORMATION

CONTAINED IN THIS E-MAIL MESSAGE.

1\. ON FEBRUARY 15, 2008, THE U.S. COURT OF INTERNATIONAL TRADE

ISSUED A PRELIMINARY INJUNCTION ENJOINING LIQUIDATION IN

CONNECTION WITH COURT CASE 06-00334 WHICH IS STILL IN EFFECT

FOR ENTRIES OF BALL BEARINGS AND PARTS THEREOF WHICH WERE

PRODUCED AND/OR EXPORTED BY THE BARDEN CORPORATION (U.K.) LTD.

AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING

THE PERIOD 05/01/2006 THROUGH 04/30/2007. U.S. CUSTOMS AND

BORDER PROTECTION (CBP) SHOULD CONTINUE TO SUSPEND LIQUIDATION

OF THESE ENTRIES UNTIL THE DEPARTMENT OF COMMERCE (COMMERCE)

INSTRUCTS OTHERWISE. SEE MESSAGE 8280201 (10/06/2008).

2\. ON DECEMBER 10, 2007, THE U.S. COURT OF INTERNATIONAL TRADE

ISSUED AN AMENDED PRELIMINARY INJUNCTION ENJOINING LIQUIDATION

IN CONNECTION WITH COURT CASE 06-00334 WHICH IS STILL IN EFFECT

FOR ENTRIES OF BALL BEARINGS AND PARTS THEREOF WHICH WERE

EXPORTED BY NSK CORPORATION, NSK LTD., AND NSK EUROPE LTD.

(COLLECTIVELY, NSK) AND AFFILIATED COMPANIES AND ENTERED OR

WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD

05/01/2006 THROUGH 04/30/2007. CBP SHOULD CONTINUE TO SUSPEND

LIQUIDATION OF THESE ENTRIES UNTIL COMMERCE INSTRUCTS

OTHERWISE. SEE MESSAGE 8115205 (04/24/2008).

3\. FOR ALL SHIPMENTS OF BALL BEARINGS AND PARTS THEREOF FROM

THE UNITED KINGDOM PRODUCED AND/OR EXPORTED BY LENTZ & SCHMAHL

GMBH AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION

DURING THE PERIOD 05/01/2006 THROUGH 04/30/2007, ASSESS AN

ANTIDUMPING LIABILITY OF 58.20 PERCENT OF THE ENTERED VALUE

UNLESS ENTRIES ARE COVERED BY THE INJUNCTIONS DESCRIBED IN

PARAGRAPHS 1 AND 2. LENTZ & SCHMAHL GMBH DID NOT HAVE ITS OWN

CASE NUMBER DURING THIS PERIOD. ENTRIES MAY HAVE BEEN MADE

UNDER A-412-201-000 OR OTHER COMPANY-SPECIFIC CASE NUMBERS.

4\. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF

ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 05/01/2006

THROUGH 04/30/2007 COVERED BY PARAGRAPH 3 OCCURRED WITH THE

PUBLICATION OF THE FINAL RESULTS OF ADMINISTRATIVE REVIEW (73

FR 52823, 09/11/2008). FOR ALL OTHER SHIPMENTS OF BALL

BEARINGS AND PARTS THEREOF 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.

5\. THE ASSESSMENT OF ANTIDUMPING DUTIES BY 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.

6\. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE

THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS

DESCRIBED IN SECTION 351.402(f)(2) 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 MANUFACTURER,

PRODUCER, SELLER, OR 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 PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO

LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE

ANTIDUMPING DUTIES DUE.

7\. WITH THE EXCEPTION OF ENTRIES WHICH WERE PRODUCED AND/OR

EXPORTED BY THE BARDEN CORPORATION (U.K.) LTD. (A-412-201-001)

OR EXPORTED BY NSK (A-412-201-010) WHICH ARE SUBJECT TO THE

INJUNCTIONS DISCUSSED IN PARAGRAPHS 1 AND 2, THERE ARE NO

INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED BY THESE

INSTRUCTIONS.

8\. 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

OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE

ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984

OR (202) 482-3577 RESPECTIVELY (GENERATED BY O5:CC).

9\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THE INFORMATION

CONTAINED IN THIS E-MAIL MESSAGE.

DAVID M. GENOVESE