CSMS 3160401·Trade policy·June 9, 2023·View on csms.cbp.gov ↗

Rescission of administrative review in part of countervailing duty order on aluminum foil from the People's Republic of China (C-570-054).

Plain-English explanation

CSMS 3160401 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on June 9, 2023. It carries the official CBP guidance brokers and importers must follow for the topic — "Rescission of administrative review in part of countervailing duty order on aluminum foil from the People's Republic of China (C-570-054).". 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-570-054

Message body

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

1. This is a correction to message 3159404, dated 06/08/2023, to correct the header of that message. 2. The header of message 3159404 indicates the Federal Register citation as 88 FR 38496. The correct citation is 88 FR 28496. The header of this message contains the correct information. The body of the message remains unchanged and is contained below for your convenience. 3. Commerce has rescinded the administrative review of the countervailing duty order on aluminum foil from the People's Republic of China (C-570-054) covering the period 01/01/2021 through 12/31/2021 in part with respect to the firms listed below. You are to assess countervailing duties on this merchandise entered, or withdrawn from warehouse, for consumption during the period 01/01/2021 through 12/31/2021 at the cash deposit rate required at the time of entry. Liquidate all entries for the following firms: Xiamen Xiashun Aluminum Foil Co., Ltd. Case number: C-570-054-005 Hunan Suntown Marketing Limited Case number: C-570-054-006 SNTO International Trade Limited Case number: C-570-054-009 Alcha International Holdings Limited Case number: C-570-054-010 Suntown Technology Group Corporation Limited Case number: C-570-054-012 Yinbang Clad Material Co., Ltd. Case number: C-570-054-013 No case number was in place during the period of review for the companies listed below. Entries may have been made under C-570-054-000 or other company-specific numbers. 1. Baotou Alcha Aluminum Co., Ltd. 2. Granges Aluminum (Shanghai) Co., Ltd. 3. Guangxi Baise Xinghe Aluminum Industry Co., Ltd. 4. Jiangyin Dolphin Pack Ltd. Co. 5. Shandong Yuanrui Metal Material Co., Ltd. 6. Shanghai Huafon Aluminium Corporation 7. Yantai Donghai Aluminum Co., Ltd. 8. Yantai Jintai International Trade Co., Ltd. 9. Zhejiang Zhongjin Aluminum Industry Co., Ltd. 4. Commerce is currently conducting a circumvention inquiry on whether aluminum foil assembled and completed in Thailand, using Chinese-origin aluminum foil and/or sheet, that is subsequently exported from Thailand to the United States is covered by the inquiry is covered by the scope of the antidumping and countervailing duty orders on aluminum foil from the People's Republic of China. In message 2201403, dated 07/20/2022, 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 3096405, dated 04/06/2023, for entries of merchandise covered by the inquiry not already subject to the suspension of liquidation, Commerce instructed CBP to suspend liquidation of shipments entered, or withdrawn from warehouse, for consumption on or after 07/18/2022. Entries of products covered by those messages should not be liquidated until specific liquidation instructions are issued. 5. Commerce is currently conducting a circumvention inquiry on whether aluminum foil assembled and completed in Korea, using Chinese-origin aluminum foil and/or sheet, that is subsequently exported from Korea to the United States covered by the inquiry is covered by the scope of the antidumping and countervailing duty orders on aluminum foil from the People's Republic of China. In message 2201403, dated 07/20/2022, 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 3096410, dated 04/06/2023, for entries of merchandise covered by the inquiry not already subject to the suspension of liquidation, Commerce instructed CBP to suspend liquidation of shipments entered, or withdrawn from warehouse, for consumption on or after 07/18/2022. Entries of products covered by those messages should not be liquidated until specific liquidation instructions are issued. 6. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by this message occurred with the publication of the notice of rescission in part of administrative review (88 FR 28496, 05/04/2023). Unless instructed otherwise, for all other shipments of aluminum foil from the People's Republic of China you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates. 7. There are no injunctions applicable to the entries covered by this instruction. 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 OVI:NRH.) 11. There are no restrictions on the release of this information. Alexander Amdur

Frequently asked questions

What is CSMS 3160401?

CSMS 3160401 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Rescission of administrative review in part of countervailing duty order on aluminum foil from the People's Republic of China (C-570-054).". 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 3160401 published?

CBP published CSMS 3160401 on June 9, 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 3160401 affect?

CSMS 3160401 references 1 AD/CVD case (C-570-054). 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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Open resource

Find the right manufacturer or exporter rate in an AD/CVD order

Cash deposit cascade, separate rates, all-others, and PRC-wide rates. Worked example on case A-570-910 (galvanized welded steel pipe from China) with three exporter-specific rates.