Correction of message 2033421: Liquidation instructions for certain activated carbon from the People's Republic of China exported by various companies for the period 04/01/2019 through 03/31/2020 (A-570-904)

1. This is a correction to message 2033421, dated 02/02/2022, to correct paragraph 1 of that message. 2. Paragraph 1 of message 2033421 did not include language regarding whether a summons was filed with the U.S. Court of International Trade (Court) to contest the final results of the underlying administrative review. Below is the fully corrected message. Re: Liquidation instructions for certain activated carbon from the People's Republic of China exported by various companies for the period 04/01/2019 through 03/31/2020 (A-570-904) 1a. For all shipments of certain activated carbon (activated carbon) from the People's Republic of China (China) exported by the firms listed below and entered, or withdrawn from warehouse, for consumption during the period 04/01/2019 through 03/31/2020, assess an antidumping liability equal to 0.47 dollars per kilogram of subject merchandise: Exporter: Jacobi Carbons AB; Tianjin Jacobi International Trading Co. Ltd.; Jacobi Carbons Industry (Tianjin) Co. Ltd.; and Jacobi Adsorbent Materials Case number: A-570-904-091 Note: Effective 10/25/2021, with the final results of the antidumping duty changed circumstances review, Commerce determined that Jacobi Carbons AB and its affiliates, Tianjin Jacobi International Trading Co. Ltd. and Jacobi Carbons Industry (Tianjin) Co. Ltd. (collectively, Jacobi), should be collapsed with its new wholly-owned Chinese affiliate, Jacobi Adsorbent Materials (JAM), and the single entity, inclusive of JAM, should be assigned the same AD cash deposit rate assigned to Jacobi for purposes of determining AD liability in this proceeding. See 86 FR 58874 and message 1300401. Note: Jacobi Adsorbent Materials has been included under the Case Number A-570-904-091. Exporter: Datong Municipal Yunguang Activated Carbon Co., Ltd. Case number: A-570-904-093 Exporter: Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. Case number: A-570-904-092 Exporter: Ningxia Huahui Environmental Technology Co., Ltd. (formerly known as Ningxia Huahui Activated Carbon Co., Ltd.) Case number: A-570-904-094 Note: Effective 11/17/2021, with the final results of the antidumping duty changed circumstances review, Commerce determined that Ningxia Huahui Environmental Technology Co., Ltd. is the successor-in-interest to Ningxia Huahui Activated Carbon Co., Ltd., and should be assigned the same AD cash deposit rate for purposes of determining AD liability in this proceeding. See 86 FR 64184 and message 1321411. Note: Ningxia Huahui Environmental Technology Co., Ltd. has been assigned the Case Number A-570-904-094. Exporter: Ningxia Mineral & Chemical Limited Case number: A-570-904-100 Exporter: Shanxi Sincere Industrial Co., Ltd. Case number: A-570-904-104 Exporter: Tancarb Activated Carbon Co., Ltd. Case number: A-570-904-113 1b. A summons was filed in the U.S. Court of International Trade (Court) to contest the final results of the underlying administrative review. Accordingly, unless instructed otherwise, CBP should not liquidate entries covered by this message until 95 days after the notice of lifting of suspension identified in this message, to ensure the entries are not liquidated prior to the expiration of the time parties have to file a request for a statutory injunction. Instructions will be issued if the Court issues a statutory injunction. 2. The notice of the lifting of suspension of liquidation for entries of subject merchandise covered by this message occurred with the publication of the final results of administrative review (86 FR 73731, 12/28/2021). Unless instructed otherwise, for all other shipments of activated carbon from China, you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current cash deposit rates or per-unit amounts. 3. There are no injunctions applicable to the entries covered by this instruction. 4. 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. 5. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement certification in accordance with 19 CFR 351.402(f)(2) and as described under this paragraph: a. The importer must certify with CBP prior to liquidation (except as provided below) whether the importer has or has not been reimbursed or entered into any agreement or understanding for the payment or for the refunding to the importer by the manufacturer, producer, seller, or exporter for all or any part of the antidumping and/or countervailing duties, as appropriate. Such certification should identify the commodity and country and contain the information necessary to link the certification to the relevant entry or entry line number(s). b. The certification may be filed either electronically or in paper in accordance with CBP's requirements, as applicable. c. If an importer does not provide its certification prior to liquidation, CBP may accept the certification in accordance with its protest procedures under 19 U.S.C. 1514, unless otherwise directed. d. Certifications are required for entries of the relevant commodity that have been imported on or after the date of publication of the antidumping notice in the Federal Register that first suspended liquidation in that proceeding. e. Consistent with 19 CFR 351.402(f)(3), if an importer fails to file the certification, Commerce may presume that the importer was paid or reimbursed the antidumping or countervailing duties. Therefore, if the importer does not provide the certification prior to liquidation (or as provided above), reimbursement of the duties shall be presumed. Accordingly, if there is no certification with respect to the antidumping duty, CBP shall increase the antidumping duty by the amount of the antidumping duty. In addition, if there is no certification with respect to any applicable countervailing duty, CBP shall increase the antidumping duty by the amount of the countervailing duty. Further, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall increase the antidumping duty by the amount of the antidumping duty. In addition, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed any applicable countervailing duties, CBP shall increase the antidumping duty by the amount of the countervailing duty. 6. This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message. Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended). If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries. 7. 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 OVIII:MJA.) 8. There are no restrictions on the release of this information. Alexander Amdur