CSMS 2321408·Trade policy·November 17, 2022·View on csms.cbp.gov ↗

Automatic liquidation instructions for utility scale wind towers from Malaysia for the period 03/25/2021 through 12/31/2021 (C-557-822)

Plain-English explanation

CSMS 2321408 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on November 17, 2022. It carries the official CBP guidance brokers and importers must follow for the topic — "Automatic liquidation instructions for utility scale wind towers from Malaysia for the period 03/25/2021 through 12/31/2021 (C-557-822)". 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

C-557-822

Message body

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

1. Commerce does not automatically conduct administrative reviews of countervailing 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 countervailing duty order for the period and on the merchandise identified below except for the firms listed in paragraph 4. Therefore, in accordance with 19 CFR 351.212(c), you are to liquidate all entries for all firms except those listed in paragraph 4 and assess countervailing duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit rate in effect on the date of entry: Product: Utility Scale Wind Towers Country: Malaysia Case number: C-557-822 Period: 03/25/2021 through 12/31/2021 3. Entries for the period 07/23/2021 (first day provisional measures are no longer in effect) through 07/29/2021 (day prior to the publication of the ITC final determination), should be liquidated via message 1235401, dated 08/23/2021. 4. Entries of merchandise of the firms listed below should not be liquidated until specific instructions are issued. Continue to suspend liquidation of all entries of merchandise produced and/or exported by the listed firms entered, or withdrawn from warehouse, for consumption during the period 03/25/2021 through 12/31/2021: Company: CS Wind Malaysia Sdn. Bhd Case number: C-557-822-001 No case number was in place during the period of review for the companies listed below. Entries may have been made under C-557-822-000 or other company-specific numbers. CS Wind Corporation CS Wind China Co., Ltd CS Wind Taiwan Ltd CS Wind Turkey Kule İmalatı A.Ş CS Wind UK Limited CS Wind Vietnam Co., Ltd GE Renewable Energy GE Renewable Malaysia Sdn. Bhd Nordex SE Siemens Gamesa Renewable Energy CBP officers must also examine entries under C-557-822-000 and all existing company-specific case numbers to ensure the continued suspension of liquidation of entries during the applicable period of review for the producers and/or exporters listed above. 5. Commerce is currently conducting a scope inquiry on whether monopiles used in the foundation for offshore wind turbines are covered by the scope of the countervailing duty order on utility scale wind towers from Malaysia. In message 2319411, dated 11/15/2022, Commerce instructed CBP to continue to suspend entries of merchandise covered by the inquiry that are already subject to suspension of liquidation under the countervailing duty order. Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued. 6. There are no injunctions applicable to the entries covered by this instruction. 7. 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 08/2022 anniversary month (87 FR 61278, 10/11/2022). Unless instructed otherwise, for all other shipments of utility scale wind towers from Malaysia you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates. 8. 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. 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:KH.) 11. There are no restrictions on the release of this information. Alexander Amdur

Frequently asked questions

What is CSMS 2321408?

CSMS 2321408 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Automatic liquidation instructions for utility scale wind towers from Malaysia for the period 03/25/2021 through 12/31/2021 (C-557-822)". 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 2321408 published?

CBP published CSMS 2321408 on November 17, 2022. 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 2321408 affect?

CSMS 2321408 references 1 AD/CVD case (C-557-822). 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?

Learn more

Tandom guides relevant to CBP CSMS messages

Trade compliance APIs in broker workflows

Where trade compliance APIs fit in a broker's filing pipeline: HTS classification, duty calculation, AD/CVD scope match, and post-summary corrections.

Open resource

Find the right manufacturer or exporter rate in an AD/CVD order

Cash deposit cascade, separate rates, all-others, and PRC-wide rates. Worked example on case A-570-910 (galvanized welded steel pipe from China) with three exporter-specific rates.