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  5. CSMS 3019403
CSMS 3019403·Trade policy·January 19, 2023·View on csms.cbp.gov ↗

Statutory injunction on utility scale wind towers from Canada produced and exported by Marmen Inc. or Marmen Energie Inc. for the period 01/01/2021 through 12/31/2021 (C-122-868), court number 20-00168

Plain-English explanation

CSMS 3019403 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on January 19, 2023. It carries the official CBP guidance brokers and importers must follow for the topic — "Statutory injunction on utility scale wind towers from Canada produced and exported by Marmen Inc. or Marmen Energie Inc. for the period 01/01/2021 through 12/31/2021 (C-122-868), court number 20-00168". 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-122-868

Message body

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

1. This is a correction to message 2325406, dated 011/21/2022, to correct the header of that message. 2. The header of message 2325406 contains incorrect information about the review period in the POI/POR field. The review period in the POI/POR field of the header in message 2325406 was listed as 01/01/0218 - 12/31/2018. Instead, the review period in the POI/POR field of the header should be identified as 01/01/2021 - 12/31 2021. Below is the fully corrected message. The RE line of this message contains the correct information. The body of the message remains unchanged and is contained below for your convenience. 3. On 11/07/2022, the U.S. Court of International Trade issued a statutory injunction (SI) enjoining liquidation of entries identified in paragraph 2 which are subject to the countervailing duty order on utility scale wind towers from Canada (C-122-868) for the period 01/01/2021 through 12/31/2021. This SI was issued in connection with court number 20-00168. 4. This SI enjoins liquidation of entries of utility scale wind towers from Canada; (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 40245 (July 6, 2020); (3) That were entered, or withdrawn from warehouse, for consumption, during the period January 1, 2021 through December 31, 2021. 5. Effective 11/07/2022 (the date the Court issued the SI), no liquidation may be made for entries referred to in paragraph 2 which remain unliquidated as of 11/07/2022. Any such entries that are set for liquidation must be unset immediately. Continue to suspend liquidation of these entries until liquidation instructions are issued. 6. Effective immediately, CBP is instructed to follow the terms of the SI. 7. Liquidation instructions for entries affected by this SI have not yet been issued. 8. 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:BCD.) 9. There are no restrictions on the release of this information. Alexander Amdur

Frequently asked questions

What is CSMS 3019403?

CSMS 3019403 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Statutory injunction on utility scale wind towers from Canada produced and exported by Marmen Inc. or Marmen Energie Inc. for the period 01/01/2021 through 12/31/2021 (C-122-868), court number 20-00168". 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 3019403 published?

CBP published CSMS 3019403 on January 19, 2023. 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 3019403 affect?

CSMS 3019403 references 1 AD/CVD case (C-122-868). 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?

Yes — for at-the-border filing and entry collection. CSMS messages translate Commerce's Federal Register determinations into operational CBP instructions that ACE/ACS systems and brokers execute. The Federal Register notice is the underlying legal authority; the CSMS is the operational implementation. Both should be read together when reconciling a rate or scope change.

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