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. 19-00189).
As a result, Commerce published in the Federal Register (86 FR 70826) on 12/13/2021, with an effective date of 11/29/2021, the Notice of Court Decision Not in Harmony With the Final Countervailing Duty 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 Countervailing Duty Determination, and Final Affirmative Determination of Critical Circumstances, 84 FR 32723 (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produced and/or exported from the People's Republic of China by Zhejiang Jingu Company Limited; c) were entered, or withdrawn from warehouse, for consumption on or after 02/25/2019 up to and including 06/24/2019; and d) remain unliquidated as of 09/04/2020 are outside of the scope of the countervailing duty order on certain steel wheels from China.
See message 1351413, dated 12/17/2021.
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. 2022-1396).
As there is now a final and conclusive court decision in this litigation, the injunction to which message 0254401 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 Countervailing Duty Determination, and Final Affirmative Determination of Critical Circumstances, 84 FR 32723 (07/09/2019); and that were entered or withdrawn from warehouse, for consumption, during the periods 02/25/2019 through 06/24/2019 and 08/28/2019 through 12/31/2020, dissolved on 02/07/2022.
Further, the injunction to which message 0349407 dated 12/14/2020 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 Countervailing Duty Determination, and Final Affirmative Determination of Critical Circumstances, 84 FR 32723 (07/09/2019); and that were entered or withdrawn from warehouse, for consumption, during the periods 02/25/2019 through 06/24/2019 and 08/28/2019 through 12/31/2021, also 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 02/25/2019 through 06/24/2019 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 countervailing duties.
4b.
The assessment of countervailing duties on entries made during the provisional measures period in the investigation cannot exceed the amount of cash deposit in effect at the time of entry.
Accordingly, if a cash deposit was collected as security for an estimated countervailing duty for any shipment of certain steel wheels from China (other than those referred to in paragraph 4a) that was entered, or withdrawn from warehouse, for consumption during the period 02/25/2019 (first date of suspension of liquidation) through 06/24/2019 (the last day provisional measures were in effect), assess countervailing duties equal to the lesser of:
(a) the amount resulting from the application of the liquidation rates listed in paragraph 4d or (b) the amount of the cash deposit.
4c.
Commerce directed CBP to discontinue suspension of liquidation of shipments of this merchandise entered, or withdrawn from warehouse, on or after 06/25/2019, the first day provisional measures were no longer in effect.
See message 9176307 dated 06/25/2019.
Accordingly, merchandise entered, or withdrawn from warehouse for consumption on or after 06/25/2019 through 08/27/2019 should have been liquidated without regard to countervailing duties.
4d.
For all shipments of certain steel wheels 12 to 16.5 inches in diameter from China, other than those referred to in paragraphs 4a and 6, produced and/or exported by Zhejiang Jingu Company Limited and entered, or withdrawn from warehouse, for consumption during the periods 02/25/2019 through 06/24/2019 and 08/28/2019 through 12/31/2019 assess a countervailing liability equal to 388.31 percent of the entered value.
(See 86 FR 62788, dated 11/12/2021).
4e.
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 01/01/2020 through 12/31/2020, assess countervailing duties at the cash deposit rate required at the time of entry.
(See message 1350411, 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, 4d, and 4e.
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 countervailing duties for the merchandise at the current rates.
6.
The injunction with court number 21-00588 discussed in message number 1349403 dated 12/15/2021 is applicable to the entries produced and/or exported by Xiamen Topu Imports & Export Co., Ltd., Shanghai Yata Industry Co., Ltd., and Hangzhou Antego Industry Co. Ltd., and imported by Rimco Inc.; that were the subject of the United States Department of Commerce's final determination in Certain Steel Wheels from the People's Republic of China Countervailing Duty Administrative Review, 86 FR 62788 (Nov. 12, 2021); that were entered or withdrawn from warehouse, for consumption, during the period 02/25/2019 through and including 06/24/2019 and from 08/28/2019 through and including 12/31/2019.
Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.
7.
The assessment of countervailing 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 countervailing duties.
The interest provisions are not applicable to cash posted as estimated countervailing duties before the date of publication of the countervailing duty order.
Interest shall be calculated from the date payment of estimated countervailing 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.
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.
9.
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.)
10.
There are no restrictions on the release of this information.
Alexander Amdur