CSMS 2333403·Trade policy·November 29, 2022·View on csms.cbp.gov ↗

Automatic liquidation instruction for Utility Scale Wind Towers from Canada for the period 08/01/2021 through 07/31/2022 (A-122-867)

Plain-English explanation

CSMS 2333403 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on November 29, 2022. It carries the official CBP guidance brokers and importers must follow for the topic — "Automatic liquidation instruction for Utility Scale Wind Towers from Canada for the period 08/01/2021 through 07/31/2022 (A-122-867)". 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-122-867

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. Therefore, in accordance with 19 CFR 351.212(c), you are to assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit rate in effect on the date of entry. Liquidate all entries for all firms. Product: Utility Scale Wind Towers Country: Canada Case number: A-122-867 Period: 08/01/2021 through 07/31/2022 3. 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 antidumping duty order on utility scale wind towers from Canada (A-122-867). In message 2319403, 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 antidumping duty order. Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued. 4. The injunction with court number 20-00169 discussed in message number 2332401, dated 11/282022, is applicable to the entries (1) that were produced and exported by Marmen Inc. or Marmen Energie Inc.; (2) that were the subject of the United States Department of Commerce's final determination in Utility Scale Wind Towers from Canada, 85 FR 40239 (July 6, 2020); and (3) that were entered, or withdrawn from warehouse, for consumption, during the periods August 1, 2021 through July 31, 2022. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued. 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 08/2022 anniversary month (87 FR 61287, 10/11/2022). Unless instructed otherwise, for all other shipments of Utility Scale Wind Towers from Canada 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 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 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. 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 OVI#:CRJ.) 10. There are no restrictions on the release of this information. Alexander Amdur

Frequently asked questions

What is CSMS 2333403?

CSMS 2333403 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Automatic liquidation instruction for Utility Scale Wind Towers from Canada for the period 08/01/2021 through 07/31/2022 (A-122-867)". 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 2333403 published?

CBP published CSMS 2333403 on November 29, 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 2333403 affect?

CSMS 2333403 references 1 AD/CVD case (A-122-867). 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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