Liquidation instructions for certain pasta from Italy for the period 01/01/2021 through 12/31/2021 (C-475-819)

1. This is a correction to message 4054403, dated 02/23/2024, to correct paragraph 2a of that message. 2. Paragraph 2a of message 4054403 has been updated to include a company that was inadvertently omitted. Below is the fully corrected message. 3. Notice of the lifting of suspension of liquidation of entries of merchandise covered by this message occurred with the publication of the final results of administrative review of the countervailing duty order on certain pasta from Italy (C-475-819) for the period 01/01/2021 through 12/31/2021 (89 FR 3382, 01/18/2024). 4a. Accordingly, for all shipments of subject merchandise from the producer and/or exporter listed below that were entered, or withdrawn from warehouse, for consumption during the period 01/01/2021 through 12/31/2021, assess a countervailing liability at the following percentages of entered value: Producer and/or Exporter: Pastificio Gentile S.R.L. Case number: C-475-819-061 Cash deposit rate: 88.67% Producer and/or Exporter: Sgambaro SpA Case number: C-475-819-062 Final rate: 1.18% 4b. A summons was filed in the U.S. Court of International Trade (Court) to contest the final results of the underlying administrative review. Accordingly, unless instructed otherwise, CBP should not liquidate entries covered by this message that were produced and/or exported by Pastificio Gentile S.R.L until 95 days after the notice of lifting of suspension identified in this message, to ensure the entries are not liquidated prior to the expiration of the time parties have to file a request for a statutory injunction. Instructions will be issued if the Court issues a statutory injunction. 5. There are no injunctions applicable to the entries covered by this instruction. 6. The assessment of countervailing duties by the 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 of payment of estimated countervailing duties 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. Unless instructed otherwise, for all other shipments of subject merchandise, you shall continue to collect cash deposits of estimated countervailing duties at the current cash deposit rates. 8. 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. 9. If there are any questions by the 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 OI:NC.) 10. There are no restrictions on the release of this information. Alexander Amdur