CSMS 2261311·Trade policy·September 17, 2012·View on csms.cbp.gov ↗

Automatic liquidation instructions for Certain Pasta from Italy for the period 07/01/2011 through 06/30/2012 (A-475-818)

Plain-English explanation

CSMS 2261311 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on September 17, 2012. It carries the official CBP guidance brokers and importers must follow for the topic — "Automatic liquidation instructions for Certain Pasta from Italy for the period 07/01/2011 through 06/30/2012 (A-475-818)". It links to 1 AD/CVD case in Tandom's catalog. CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Linked AD/CVD cases(1)

Cases referenced or affected by this CSMS message

A-475-818

Message body

Full text as published by U.S. Customs and Border Protection

1. Commerce does not automatically conduct administrative reviews of antidumping duty orders. Instead, reviews must be requested pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended, and in accordance with 19 CFR 351.213. 2. Commerce has not received a request for an administrative review of the antidumping duty order for the period and on the merchandise identified below except for certain firms. Therefore, in accordance with 19 CFR 351.212(c), you are to assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit rate in effect on the date of entry. Product: Certain Pasta Country: Italy Case number: A-475-818 Period: 07/01/2011 through 06/30/2012 Liquidate all entries for all firms except: Delverde Industrie Alimentari S.p.A. Case number: No case number exists for this company. Entries may have been made under A-475-818-000 or other company-specific case numbers. Pastificio Vesuviana S.r.L and/or Pastificio Fiamma Vesuviana S.r.L, Fiamma Vesuviana S.r.L. Case number: No case number exists for this company. Entries may have been made under A-475-818-000 or other company-specific case numbers. Tandoi Filippo e Adalberto Fratelli S.p.A. Case number : No case number exists for this company. Entries may have been made under A-475-818-000 or other company-specific case numbers. Pastificio Gallo Natale & F.lli S.r.L. Case number : No case number exists for this company. Entries may have been made under A-475-818-000 or other company-specific case numbers. Alberto Poiatti S.p.A. Case number : No case number exists for this company. Entries may have been made under A-475-818-000 or other company-specific case numbers. Valdigrano di Flavio Pagani S.r.L. Case number: No case number exists for this company. Entries may have been made under A-475-818-000 or other company-specific case numbers. Industria Alimentare Colavita, S.p.A. Case number: A-475-818-029 (SEE NOTES) Rummo S.p.A. Molino e Pastificio and/or Rummo S.p.A. ( SEE NOTES) Case number: A-475-818-031 Pasta Lensi S.r.L. (Lensi) Case number: A-475-818-037 Pastificio Zaffiri S.r.L. Case number: A-475-818-041 Pastificio Attilio Mastromauro-Pasta Granoro S.r.L. Case number: A-475-818-055 CBP officers must also examine entries under A-475-818-000 and all existing company-specific case numbers to ensure the continued suspension of liquidation of entries during the applicable period of review for the companies listed above. 3. There are no injunctions applicable to the entries covered by this instruction. 4. Entries of merchandise of excepted firms should not be liquidated until specific instructions are issued. Continue to suspend liquidation of all entries of merchandise exported or produced by the listed firms and entered, or withdrawn from warehouse, for consumption during the period 07/01/2011 through 06/30/2012. 5. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2 occurred with the publication of the notice of initiation of administrative review for the 07/2012 anniversary month (77 FR 52688, 08/30/2012). Unless instructed otherwise, for all other shipments of certain pasta from Italy you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates. 6. 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. 7. 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 manufacturer, 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. 8. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Import Administration, 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 O3:GL.) 9. There are no restrictions on the release of this information. Michael B. Walsh

Frequently asked questions

What is CSMS 2261311?

CSMS 2261311 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Automatic liquidation instructions for Certain Pasta from Italy for the period 07/01/2011 through 06/30/2012 (A-475-818)". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 2261311 published?

CBP published CSMS 2261311 on September 17, 2012. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Which AD/CVD cases does CSMS 2261311 affect?

CSMS 2261311 references 1 AD/CVD case (A-475-818). The links on this page take you to each linked order with its current scope, rates, and history.

Is the CBP CSMS the legally binding instruction?

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