Message body
Full text as published by U.S. Customs and Border Protection
1.
For all shipments of certain crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China (subject merchandise) produced by Phono Solar Technology Co., Ltd., exported by Sumec Hardware Tools Co., Ltd., and imported by Sumecht NA, doing business as Sumec North America, which were entered, or withdrawn from warehouse, for consumption on or after 10/15/2015 through 11/22/2015 assess an antidumping liability equal to 13.18 percent of the entered value of the merchandise, for the reasons set forth in paragraphs 3-7 below.
For any such entries that have already been liquidated, CBP should reliquidate those entries in accordance with these instructions pursuant to the 09/06/2019, Court of International Trade (CIT) final judgment in Sumecht NA, Inc. v. United States (court no. 17-00244) (Sumecht NA, Inc. v. United States).
2.
For all shipments of subject merchandise produced by Phono Solar Technology Co., Ltd. and exported by Sumec Hardware & Tools Co., Ltd., entered, or withdrawn from warehouse, for consumption during the period 10/15/2015 through 11/23/2015, and not covered by paragraph 1, assess antidumping duties at the cash deposit or bonding rate in effect on the date of entry.
3.
On 12/30/2015, in an amended cash deposit instruction (message number 5364307), Commerce instructed CBP, effective 10/15/2015, to require an antidumping duty (AD) cash deposit equal to 238.95% (the China-wide rate) of the entered value of subject merchandise for certain exporter-producer combinations, including the exporter Sumec Hardware & Tools Co., Ltd. and the producer Phono Solar Technology Co., Ltd.
The amendment of the cash deposit rate for the exporter/producer combination Sumec Hardware & Tools Co., Ltd./Phono Solar Technology Co., Ltd. was made pursuant to the Federal Register notice:
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Investigation and Notice of Amended Final Determination of Investigation Pursuant to Court Decision, 80 FR 72950 (11/23/2015) (11/23/2015 Timken Notice).
4.
On 03/14/2016, in message number 6074302 (as corrected by message number 6085301), Commerce instructed CBP to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption during the period 12/01/2014 through 11/30/2015 for all firms, except those firms listed in the message, at the cash deposit or bonding rate in effect on the date of the entry.
Because Sumec Hardware Tools Co., Ltd. was not listed in message number 6074302 (as corrected by message number 6085301), subject merchandise entered, or withdrawn from warehouse, for consumption during the period 12/01/2014 through 11/30/2015 that was exported by Sumec Hardware Tools Co., Ltd. was to be liquidated pursuant to message number 6074302 (as corrected by message number 6085301).
5.
On 08/13/2018, in message 8225304, Commerce notified CBP of a temporary restraining order covering subject merchandise that was entered, or withdrawn from warehouse, for consumption on or after 10/15/2015 through 11/23/2015, produced by Phono Solar Technology Co., Ltd., and exported from the People's Republic of China to the United States by Sumec Hardware & Tools Co., Ltd.
On 08/24/2018, and 08/29/2018, Commerce notified CBP of an initial extension and a second extension, respectively, of the temporary restraining order.
See message numbers 8236301 and 8241302, respectively.
On 08/30/2018, the CIT ordered the temporary restraining order in Sumecht NA, Inc. v. United States (court no. 17-00244) dissolved.
6.
On 09/06/2019, in Sumecht NA, Inc. v. United States, the CIT found that Commerce erred in setting 10/15/2015 as the effective date of its 11/23/2015 Timken Notice.
In accordance with the decision of the CIT in Sumecht NA, Inc. v. United States, Commerce published a notice of court decision in which it expressed its intention to instruct CBP to liquidate shipments of subject merchandise produced by Phono Solar Technology Co., Ltd., exported by Sumec Hardware Tools Co., Ltd., and imported by Sumecht NA, doing business as Sumec North America, which were entered, or withdrawn from warehouse, for consumption on or after 10/15/2015 through 11/22/2015 at 13.18 percent of the entered value.
See 84 FR 71897 (12/30/2019).
In accordance with the decision of the CIT in Sumecht NA, Inc. v. United States, Commerce is issuing the instructions in this message to CBP.
7. There are two notices of lifting of suspension of liquidation in this message.
7a. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 1 occurred with the publication of the 12/30/2019 notice of Court decision in the Federal Register (84 FR 71897).
7b. These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2.
Accordingly, notice of the lifting of suspension for such entries occurred on the message date of these instructions.
8. Unless instructed otherwise, for all other shipments of subject merchandise, you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
9.
The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended.
Section 778 requires that CBP pay interest on overpayments or 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.
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.
10.
Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement statement, as described in section 351.402(f)(2) of Commerce's 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 producer, seller, or exporter, to be reimbursed antidumping and/or countervailing duties, CBP shall double the antidumping duty and/or increase the antidumping duty by the amount of the countervailing duties in accordance with the above-referenced regulation.
Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due.
If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP's protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement.
11.
If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984.
CBP ports should submit their inquiries through authorized CBP channels only.
(This message was generated by OIV:KH.)
12. There are no restrictions on the release of this information.
Alexander Amdur