Message body
Full text as published by U.S. Customs and Border Protection
Notice of the lifting of suspension occurred on the message date of these instructions.
See paragraph 5 below.
1. On 11/18/2021, the U.S. Court of International Trade (CIT) sustained the Final Redetermination issued by Commerce pursuant to Trans Texas Tire, LLC and Zhejiang Jingu Company Limited v. United States (CIT Consol. Ct. No. 19-00188).
As a result, Commerce published in the Federal Register (86 FR 70824) on 12/13/2021, with an effective date of 11/29/2021, the Notice of Court Decision Not in Harmony with the Final Less Than Fair Value Determination and Notice of Amended Final Determination.
2. As a result of the CIT's final decision, entries of certain steel wheels 12 to 16.5 inches in diameter coated in chrome through a Physical Vapor Deposition (PVD) process, which:
a) were the subject of the U.S. Department of Commerce's final determination in Certain Steel Trailer Wheels 12 to 16.5 Inches in Diameter from the People's Republic of China:
Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, 84 FR 32707 (July 9, 2019); b) were produced and/or exported from the People's Republic of China by Zhejiang Jingu Company Limited; c) were entered, or withdrawn from warehouse, for consumption on or after 04/22/2019 up to and including 07/08/2019; and d) remain unliquidated as of 09/04/2020; are outside of the scope of the antidumping duty order on certain steel wheels from China.
See message 1354403, dated 12/20/2021.
3.
Zhejiang Jingu Company Limited appealed the CIT's final decision to the Court of Appeals for the Federal Circuit, but subsequently voluntarily dismissed its appeal.
On 02/07/2022, the Court of Appeals for the Federal Circuit issued a final decision dismissing the case of Trans Texas Tire, LLC et al. v. United States (CAFC Court No. 2022-1395).
As there is now a final and conclusive court decision in this litigation, the injunction to which message 0254402 dated 09/10/2020 refers, enjoining entries of certain steel wheels 12 to 16.5 inches in diameter from the People's Republic of China which were produced and/or exported by Zhejiang Jingu Company Limited that were the subject of the United States Department of Commerce's final determination in Certain Steel Trailer Wheels 12 to 16.5 Inches in Diameter from the People's Republic of China:
Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, 84 FR 32707 (07/09/2019); and that were entered or withdrawn from warehouse, for consumption, during the period 04/22/2019 through 08/31/2021, dissolved on 02/07/2022.
4a.
Accordingly, for any entries of certain steel wheels described above in paragraph 2 produced and/or exported by Zhejiang Jingu Company Limited that were entered or withdrawn from warehouse, for consumption during the period 04/22/2019 through 07/08/2019 that remain unliquidated as of 09/04/2020, CBP is directed to terminate the suspension of liquidation and liquidate all unliquidated entries of such merchandise without regard to antidumping duties.
4b.
For all shipments of certain steel wheels 12 to 16.5 inches in diameter from China, other than those referred to in paragraph 4a, produced and/or exported by Zhejiang Jingu Company Limited and entered, or withdrawn from warehouse, for consumption during the period 04/22/2019 through 08/31/2020 assess antidumping duties at the cash deposit rate required at the time of entry.
(See 86 FR 28750, dated 05/28/2021).
4c.
For all shipments of certain steel wheels 12 to 16.5 inches in diameter from China produced and/or exported by Zhejiang Jingu Company Limited and entered, or withdrawn from warehouse, for consumption during the period 09/01/2020 through 08/31/2021, assess antidumping duties at the cash deposit rate required at the time of entry.
(See message 1350412, dated 12/16/2021).
5.
These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraphs 4a, 4b, and 4c.
Accordingly, notice of the lifting of suspension occurred on the message date of these instructions.
Unless instructed otherwise, for all other shipments of certain steel wheels 12 to 16.5 inches in diameter from China you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
6.
There are no injunctions applicable to the entries covered by this instruction.
7.
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 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.
8.
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.
9.
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.
10.
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 OIII:ECB.)
11.
There are no restrictions on the release of this information.
Alexander Amdur