Message body
Full text as published by U.S. Customs and Border Protection
1. Commerce has rescinded the administrative review of the antidumping duty order on
melamine from the People's Republic of China (A-570-020) covering the period 12/01/2021
through 11/30/2022 for the firms listed below. You are to assess antidumping duties on
merchandise entered, or withdrawn from warehouse, for consumption during the period
12/01/2021 through 11/30/2022 at the cash deposit rate required at the time of entry.
Liquidate all entries for the following firms:
Sichuan Aolaite Chemical Co., Ltd.
No case number was in place for this company during the period of review. Entries may have
been made under A-570-020-000 or other company-specific case numbers.
Xinji Jiuyuan
No case number was in place for this company during the period of review. Entries may have
been made under A-570-020-000 or other company-specific case numbers.
2. 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 (88
FR 27449, 05/02/2023). Unless instructed otherwise, for all other shipments of melamine 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.
3. There are no injunctions applicable to the entries covered by this instruction.
4. 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.
5. 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.
6. 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.
7. 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
OIII:PB.)
8. There are no restrictions on the release of this information.
Alexander Amdur