CSMS 3198425·Trade policy·July 17, 2023·View on csms.cbp.gov ↗

Automatic liquidation instructions for phosphate fertilizers from the Kingdom of Morocco for the period 01/01/2022 through 12/31/2022 (C-714-001)

Plain-English explanation

CSMS 3198425 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on July 17, 2023. It carries the official CBP guidance brokers and importers must follow for the topic — "Automatic liquidation instructions for phosphate fertilizers from the Kingdom of Morocco for the period 01/01/2022 through 12/31/2022 (C-714-001)". 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-714-001

Message body

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

1. Commerce does not automatically conduct administrative reviews of countervailing 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. 2. Commerce has not received a request for an administrative review of the countervailing duty order for the period and on the merchandise identified below except for the firms listed in paragraph 3. Therefore, in accordance with 19 CFR 351.212(c), you are to liquidate all entries for all firms except those listed in paragraph 3 and assess countervailing duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit rate in effect on the date of entry: Product: Phosphate Fertilizers Country: Kingdom of Morocco Case number: C-714-001 Period: 01/01/2022 through 12/31/2022 3. 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Continue to suspend liquidation of all entries of merchandise produced and/or exported by the listed firms entered, or withdrawn from warehouse, for consumption during the period 01/01/2022 through 12/31/2022: Company: OCP S.A.; Jorf Fertilizers Company I, Jorf Fertilizers Company II, Jorf Fertilizers Company III, Jorf Fertilizers Company IV, Jorf Fertilizers Company V; Maroc Phosphore Case number: C-714-001-001 CBP officers must also examine entries under C-714-001-000 and all existing company-specific case numbers to ensure the continued suspension of liquidation of entries during the applicable period of review for the producer and/or exporter listed above. 4. The injunctions with court number 21-00116 discussed in message numbers 1286412 and 1351405, dated 10/13/2021 and 12/17/2021, respectively, are applicable to the entries produced and/or exported by OCP S.A., Jorf Fertilizers Company I (JFC I), Jorf Fertilizers Company II (JFC II), Jorf Fertilizers Company III (JFC III), Jorf Fertilizers Company IV (JFC IV), or Jorf Fertilizers Company V (JFC V) that were the subject of the U.S. Department of Commerce's final determination in Phosphate Fertilizers From the Kingdom of Morocco: Final Affirmative Countervailing Duty Determination, 86 FR 9482 (02/16/2021), and Phosphate Fertilizers From the Kingdom of Morocco and the Russian Federation; Countervailing Duty Orders, 86 FR 18037 (04/07/2021); and that were entered, or withdrawn from warehouse, for consumption, on or after 11/30/2020, excluding any merchandise entered, or withdrawn from warehouse, for consumption, on 03/30/2021 through 04/04/2021. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued. 5. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2 occurred with the publication of the notice of initiation of administrative review for the 04/2023 anniversary month (88 FR 38021, 06/12/2023). Unless instructed otherwise, for all other shipments of phosphate fertilizers from the Kingdom of Morocco you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates. 6. 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. 7. 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. 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 OVIII:JCM.) 9. There are no restrictions on the release of this information. Alexander Amdur

Frequently asked questions

What is CSMS 3198425?

CSMS 3198425 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Automatic liquidation instructions for phosphate fertilizers from the Kingdom of Morocco for the period 01/01/2022 through 12/31/2022 (C-714-001)". 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 3198425 published?

CBP published CSMS 3198425 on July 17, 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 3198425 affect?

CSMS 3198425 references 1 AD/CVD case (C-714-001). 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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