Message body
Full text as published by U.S. Customs and Border Protection
1.
Commerce has rescinded the administrative review of the countervailing duty order on small vertical engines from the People's Republic of China (China) (C-570-125) covering the period 05/26/2020 through 12/31/2021 for the firms listed below.
You are to assess countervailing duties on merchandise entered, or withdrawn from warehouse, for consumption during the period 05/26/2020
through 12/31/2021 at the cash deposit rate required at the time of entry, unless paragraphs 2, 3, 4, 6, or 7 apply.
Liquidate all entries for the following firms.
Chongqing Kohler Engines, Ltd.
Case Number:
C-570-125-001; C-201-997-001
Chongqing Zongshen General Power Machine Co., Ltd./Chongqing Dajiang Power Equipment Co., Ltd.
Case Number:
C-570-125-002
No case number was in place during the period of review for the companies listed below.
Entries may have been made under C-570-125-000 or other company-specific numbers.
Changzhou Kawasaki and Kwang Yang Engine Co., Ltd.
ChongQing AM Pride Power & Machinery Co., Ltd.
Chongqing Chen Hui Electric Machinery Co., Ltd
Chongqing Dinking Power Machinery Co., Ltd.
Chongqing Ducar Power Equipment Co., Ltd.
Chongqing Hwasdan Power Technology Co., Ltd.
Chongqing Kohler Motors Co., Ltd.
Chongqing Rato Technology Co., Ltd.
Chongqing Senci Import & Export Trade Co., Ltd
Chongqing Shineray Agricultural Machinery Co., Ltd.
Fujian Everstrong Lega Power Equipments Co., Ltd.
Kawasaki Heavy Industries, Ltd.
Lifan Technology (Group) Co., Ltd.
Loncin Motor Co., Ltd.
Qianjiang Group Wenling Jennfeng Industry Inc.
Taizhou Sabo Electronics Co., Ltd.
Wenling Qianjiang Imp. & Exp. Co., Ltd.
Zhejiang Amerisun Technology Co., Ltd.
Zhejiang Dobest Power Tools Co., Ltd.
For the above-referenced companies, entries may have been made under third-country case number C-201-990-000.
2.
Commerce is currently conducting a circumvention inquiry on whether vertical shaft
engines with displacements between 60cc and up to 99cc produced in China and exported to the United States are covered by the scope of the antidumping and countervailing duty orders on small vertical engines from China.
In message 2297403, dated 10/24/2022, for entries of merchandise covered by the inquiry, Commerce instructed CBP to suspend liquidation of all unliquidated entries (and entries for which liquidation has not become final) of vertical shaft engines with displacements between 60cc and up to 99cc produced in China and entered, or withdrawn from warehouse, for consumption on or after 09/17/2021 (i.e., the date of the initiation of the circumvention inquiry).
Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued.
3. Commerce is currently conducting a circumvention inquiry on whether dual-piston engines with a single, common combustion chamber, of the type designed by FNA Group, Inc., produced in and exported from China are covered by the scope of the antidumping and countervailing duty orders on small vertical engines from China.
In message 2118401, dated 04/28/2022, 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 and countervailing duty orders.
Subsequently, in message 2272404, dated 09/29/2022, for entries of merchandise covered by the inquiry not already subject to the suspension of liquidation, Commerce instructed CBP to suspend liquidation of entries not already subject to the suspension of liquidation.
Entries of products covered by those messages should not be liquidated until specific liquidation instructions are issued.
4. Commerce is currently conducting a scope inquiry on whether modified vertical shaft
engines are covered by the scope of the antidumping and countervailing duty orders on small vertical engines from China.
In message 2243405, dated 08/31/2022, 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 and countervailing duty orders.
Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued.
5.
Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by this message occurred with publication of the notice of rescission of administrative review (87 FR 64764, 10/26/2022).
Unless instructed otherwise, for all other shipments of small vertical engines from China you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates.
6. Commerce directed CBP to discontinue suspension of liquidation of shipments of this merchandise entered, or withdrawn from warehouse, on or after 12/22/2020, the first day provisional measures were no longer in effect.
See message 0358409 dated 12/23/2020. Accordingly, merchandise entered, or withdrawn from warehouse for consumption on or after 12/22/2020 (the first day provisional measures were no longer in effect) through 04/29/2021 (the day prior to FR publication of the ITC final determination) should have been liquidated without regard to countervailing duties.
7.
The injunction with court number 21-00264 discussed in message number 2325403, dated 11/21/2022, is applicable to the entries produced and/or exported by Chongqing Zongshen General Power Machine Co. and its cross-owned companies:
Chongqing Zongshen Power Machinery Co., Ltd.; Zong Shen Industrial Group; Chongqing Zongshen Automobile Air Intake System Manufacturing Co., Ltd.; Chongqing Zongshen High Speed Boat Development Co., Ltd.; Chongqing Zong Shen Electrical Appliance Co., Ltd.; and Chongqing Dajiang Power Equipment Co., Ltd. (collectively, "Zongshen"); during the period 05/26/2020 through 08/23/2020. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.
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 OII:AKM.)
11.
There are no restrictions on the release of this information.
Alexander Amdur