Message body
Full text as published by U.S. Customs and Border Protection
1.
This is a correction to message 2235408, dated 08/23/2022, to correct paragraph 4 and the body of that message.
2.
Paragraph 4 of message 2235408 included certain incorrect company case numbers.
This correction message removes the incorrect numbers.
Message 2235408 also failed to reference an additional, ongoing circumvention proceeding and an ongoing scope proceeding.
This additional, ongoing circumvention proceeding, and the ongoing scope proceeding are now referenced in this correction message.
3.
Certain entries that are covered by this instruction were enjoined subsequent to the issuance of the message that is being corrected (i.e., message 2235408).
Reference to the injunction has been added in this correction message at paragraph 8.
Below is the fully corrected message.
4.
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.
5.
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 the firms listed in paragraph 7 of this message.
Therefore, in accordance with 19 CFR 351.212(c), you are to liquidate all entries for all firms except those listed in paragraph 7 of this message and assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit rate in effect on the date of entry unless paragraphs 6, 7, 8, 9, or 10 apply.
Product:
Certain Vertical Shaft Engines Between 99cc and up to 225cc, and Parts Thereof
Country:
People's Republic of China
Case number:
A-570-124
Period:
07/23/2020 through 04/30/2022
Third Country: Mexico
Case Number: A-201-996
Liquidate all entries under this case number except for entries from the companies listed in paragraph 7 below.
6.
Entries for the period 04/19/2021 (first day provisional measures are no longer in effect) through 04/29/2021 (day prior to the publication of the ITC final determination), should be liquidated via message 1123410, dated 05/03/2021.
7.
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Continue to suspend liquidation of all entries of merchandise exported by the listed firms entered, or withdrawn from warehouse, for consumption during the period 07/23/2020 through 04/30/2022.
The companies listed below were all exporters in exporter/producer chain rates.
Entries of merchandise from these exporters may have been made under A-570-124-000 or A-201-996-000.
Company Name:
Chongqing Kohler Engines Ltd.
Case number: A-570-124-001, A-201-996-001
Company Name:
Chongqing Zongshen General Power Machine Co., Ltd.; Chongqing Dajiang Power Equipment Co., Ltd.; Chongqing Zongshen Power Machinery Co., Ltd.
Case number: A-570-124-002
Company Name:
Changzhou Kawasaki and Kwang Yang Engine Co., Ltd.
Case number: A-570-124-003
Company Name:
Chongqing Chen Hui Electric Machinery Co., Ltd.
Case number: A-570-124-004, A-570-124-005
Company Name:
Chongqing HWASDAN Power Technology Co., Ltd.
Case number: A-570-124-006
Company Name:
Chongqing Rato Technology Co., Ltd.
Case number: A-570-124-007
Company Name:
Chongqing Senci Import & Export Trade Co., Ltd.
Case number: A-570-124-008, A-570-124-009
Company Name:
Wenling Qianjiang Imp. & Exp. Co., Ltd.
Case number: A-570-124-011, A-570-124-012
Company Name:
Zhejiang Amerisun Technology Co., Ltd.
Case number: A-570-124-013, A-570-124-014, A-570-124-015, A-570-124-016
Company Name:
Loncin Motor Co., Ltd.
Case number: A-570-124-017
No case number was in place during the period of review for the companies listed below.
Entries may have been made under A-570-124-000, A-201-996-000, or other company-specific numbers.
Company:
Chongqing AM Pride Power & Machinery Co., Ltd.
Company:
Chongqing Dinking Power Machinery Co., Ltd.
Company:
Chongqing Ducar Power Equipment Co., Ltd.
Company:
Chongqing Kohler Motors Co., Ltd.
Company:
Chongqing Shineray Agricultural Machinery Co., Ltd.
Company:
Fujian Everstrong Lega Power Equipments Co., Ltd.
Company:
Kawasaki Heavy Industries, Ltd.
Company:
Lifan Technology (Group) Co., Ltd.
Company:
Qianjiang Group Wenling Jennfeng Industry Inc.
Company:
Senci Import & Export Trade Co., Ltd C
Company:
Taizhou Sabo Electronics Co., Ltd.
Company:
Zhejiang Dobest Power Tools Co., Ltd.
CBP officers must also examine entries under A-570-124-000, A-201-996-000, and all existing company-specific case numbers to ensure the continued suspension of liquidation of entries during the applicable period of review for the exporters listed above.
8.
The injunction with court number 21-00264 discussed in message number 2333402, dated 11/29/2022, is applicable to the entries produced and exported by Chongqing Zongshen General Power Machine Co., Ltd.; Chongqing Dajiang Power Equipment Co., Ltd.; Chongqing Zongshen Power Machinery Co., Ltd. that were entered or withdrawn from warehouse, for consumption, during the period 07/23/2020 through 10/20/2020.
Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.
9a.
Commerce is currently conducting a circumvention inquiry on whether dual piston engines are covered by the scope of the antidumping duty order on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof, from the People's Republic of 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 duty order.
Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued.
9b.
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 duty order 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.
Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued.
10.
Commerce is currently conducting a scope inquiry to determine whether modified vertical shaft engines are covered by the scope of the antidumping duty order on small vertical engines from China.
In message 2243405, dated 08/31/2022, Commerce instructed CBP to continue to suspend entries of modified vertical shaft engines that are already subject to the suspension of liquidation under the antidumping and countervailing duty orders on small vertical engines from China.
Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued.
11.
Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 5 occurred with the publication of the notice of initiation of administrative review for the 05/2022 anniversary month (87 FR 42144, 07/14/2022).
Unless instructed otherwise, for all other shipments of certain vertical shaft engines between 99cc and up to 225cc, and parts thereof, 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.
12.
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.
13.
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.
14.
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.
15.
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:
BAL.)
16.
There are no restrictions on the release of this information.
Alexander Amdur