CSMS 4304301·Trade policy·October 31, 2014·View on csms.cbp.gov ↗

Liquidation Instructions for certain corrosion-resistant carbon steel flat products from Canada

Plain-English explanation

CSMS 4304301 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on October 31, 2014. It carries the official CBP guidance brokers and importers must follow for the topic — "Liquidation Instructions for certain corrosion-resistant carbon steel flat products from Canada". 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

A-427-108

Message body

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

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 6 below. 1. In message number 4067111, dated 03/08/1994, the Department of Commerce assigned cash deposit rates to merchandise that originates in one country but undergoes certain further processing in Canada and is considered to have undergone a substantial transformation to become a product of Canada for antidumping purposes, but not for Customs purposes. Please refer to paragraphs 6, 9, and 11 of message number 4067111 to determine what further processing constitutes substantial transformation for the purpose of this case. 2. In message number 4067111, the Department established a specific format for U.S. Customs and Border Protection (CBP) to identify and assign cash deposit rates for merchandise originally produced in third countries but exported to the United States as subject merchandise from Canada (A-XXX-YYY-ZZZ). Accordingly, the identification number in this case (A-427-108-ZZZ) denotes the country of origin of the original merchandise as determined by CBP (-427), the subject merchandise corrosion-resistant carbon steel (-108), and the unique company code which corresponds to the Canadian company that substantially transformed the third-country merchandise in Canada (-ZZZ). 3. As a result of the settlement agreement between the United States and Arcelormittal Dofasco, Inc., and the United States Steel Corporation, the injunction to which message number 7123201, dated 05/03/2007 (Ct. No. 07-00135) refers enjoining liquidation of entries which are subject to the antidumping duty order on certain corrosion-resistant carbon steel flat products produced by Dofasco Inc., Sorevco Inc., Do Sol Galva Ltd. (aka Dosol Galva Ltd.) and imported or sold to Dofasco Inc. or produced by Dofasco Inc., Sorevco Inc., Do Sol Galva Ltd. (aka Dosol Galva Ltd.) and processed by DJ Galvanizing Ltd. Partnership (DJG) (formerly DNN Galvanizing Ltd. Partnership) and imported or sold to Dofasco Inc., dissolved on 06/09/2010, see message number 0167304, dated 06/16/2010. 4. For all shipments of certain corrosion-resistant carbon steel flat products produced by Dofasco Inc., Sorevco Inc., Do Sol Galva Ltd. (aka Dosol Galva Ltd.) (A-427-108-001) and imported or sold to Dofasco Inc. or produced by Dofasco Inc., Sorevco Inc., Do Sol Galva Ltd. (aka Dosol Galva Ltd.) and processed by DJ Galvanizing Ltd. Partnership (DJG) (formerly DNN Galvanizing Ltd. Partnership) and imported or sold to Dofasco Inc, and entered or withdrawn from warehouse for consumption during the period 08/01/2004 through 07/31/2005, you are to assess antidumping duties at the cash deposit rate in effect on the date of entry. 5. As a result of Commerce's clarification of its assessment regulation on May 6, 2003 (68 FR 23954), for all shipments of certain corrosion-resistant carbon steel flat products from Canada produced by Dofasco Inc., Sorevco Inc., Do Sol Galva Ltd. (aka Dosol Galva Ltd.) and imported or sold to Dofasco Inc. or produced by Dofasco Inc., Sorevco Inc., Do Sol Galva Ltd. (aka Dosol Galva Ltd.) and processed by DJ Galvanizing Ltd. Partnership (DJG) (formerly DNN Galvanizing Ltd. Partnership) and imported or sold to Dofasco Inc. and entered or withdrawn from warehouse for consumption during the period 08/01/2004 through 07/31/2005, entered under case number A-427-108-001, and not covered by paragraph 4, assess antidumping duties at the all-others rate in effect on the date of entry. The all-others rate for certain corrosion-resistant carbon steel flat products from Canada is 18.71 percent. 6. These instructions constitute notice of lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 4 and 5. The antidumping duty order for corrosion-resistant carbon steel flat products from Canada was revoked effective 12/15/2005, see message number 7053202, dated 02/27/2007. 7. There are no injunctions applicable to the entries covered by this instruction. 8. The assessment of antidumping duties by CBP on entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited on estimated antidumping duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of the publication of the antidumping duty order. Interest shall be calculated from the date of payment of estimated antidumping 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. 9. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement statement, as described in section 351.402(f)(2) of Commerce's regulations. The importer should provide the reimbursement statement prior to liquidation of the entry. If the importer certifies that it has an agreement with the producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall double the antidumping duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP's protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement. 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 OVII:JA.) CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OVII:JA.) 11. There are no restrictions on the release of this information. Michael B. Walsh

Frequently asked questions

What is CSMS 4304301?

CSMS 4304301 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Liquidation Instructions for certain corrosion-resistant carbon steel flat products from Canada". 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 4304301 published?

CBP published CSMS 4304301 on October 31, 2014. 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 4304301 affect?

CSMS 4304301 references 1 AD/CVD case (A-427-108). 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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