Re: Automatic liquidation instruction for carbon steel butt-weld pipe fittings from the People's Republic of China for the period 07/01/2021 through 06/30/2022 (A-570-814)

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 listed below. Therefore, in accordance with 19 CFR 351.212(c), you are to assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit or bonding rate in effect at the time of entry. Liquidate all entries for all firms. Product: Carbon Steel Butt-Weld Pipe Fittings Country: The People's Republic of China Case number: A-570-814 Period: 07/01/2021 through 06/30/2022 3. For butt-weld pipe fittings exported from Malaysia to the United States, which were completed in Malaysia using finished or unfinished butt-weld pipe fittings sourced from China (see message 9182305, dated 07/01/2019), assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption during the period 07/01/2021 through 06/30/2022 at the cash deposit rate required at the time of entry. Liquidate entries which may have been made under the following third-country case number. Country: Malaysia Case number: A-557-994 4. Commerce is currently conducting a covered merchandise inquiry on whether: (1) Chinese-origin rough fittings that only underwent the final stage of three production stages (i.e., finishing processes) in Vietnam are within the scope of the Order; and (2) whether Chinese-origin rough fittings that underwent both the second and third stages of production in Vietnam are within the scope of the Order on butt-weld pipe fittings from China. In message 2271403, dated 09/28/2022, Commerce instructed CBP to continue to suspend entries of merchandise covered by the inquiry that are already subject to suspension of liquidation under the antidumping duty order. Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued. 5. The amended injunction with court number 18-00199 in message number 2234402, dated 08/22/2022, is applicable to the entries which (1) were imported by Vandewater International Inc.; (2) were the subject of the United States Department of Commerce's final determination in Antidumping Duty Order on Carbon Steel Butt-Weld Pipe Fittings from the People's Republic of China: Final Scope Ruling on Vandewater International Inc.'s Steel Branch Outlets, dated 09/10/2018; and (3) were entered, or withdrawn from warehouse for consumption, on or after 09/10/2018 (the date on which the Department of Commerce issued the above-referenced scope ruling), or that were previously suspended as of that date, and remain unliquidated. The injunction with court number 19-00011 in message number 9031304, dated 01/31/2019, is applicable to the entries which (1) were imported by Smith-Cooper International, Inc.; (2) were the subject of the United States Department of Commerce's final determination in Antidumping Duty Order on Carbon Steel Butt-Weld Pipe Fittings from the People's Republic of China: Final Scope Ruling on Smith-Cooper International, Inc.'s Cooplet Weld Outlets, dated 12/20/2018; and (3) were entered, or withdrawn from warehouse for consumption, on or after 07/06/1992. The injunction with court number 19-00003 in message number 9031305, dated 01/31/2019, is applicable to the entries which (1) were imported by SIGMA Corporation; (2) were the subject of the United States Department of Commerce's Final Determination in 57 FR 29702 and related 12/11/2018 Final Scope Ruling; and (3) were entered, or withdrawn from warehouse for consumption, on or after 01/01/2018. Accordingly, until further notice continue to suspend liquidation of these entries until liquidation instructions are issued. 6 . 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 07/2022 anniversary month (87 FR 54463, 09/06/2022). Unless instructed otherwise, for all other shipments of carbon steel butt-weld pipe fittings from the People's Republic of China you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates. 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 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. 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 OV: MPM.) 11. There are no restrictions on the release of this information. Alexander Amdur