Liquidation instructions for utility scale wind towers from Canada: Marmen Inc. or Marmen Energie Inc. for the period 12/13/2019 through 12/31/2020 (C-122-868)

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 4 below. 1. On 06/21/2024, the U.S. Court of Appeals for the Federal Circuit issued a final decision in the case of the Government of Quebec, Marmen Inc., Marmen Energie Inc., Marmen Energy Co., and the Government of Canada (court no. 22-1807) (on appeal from the Court of International Trade (court no. 20-00168). The injunction to which message 1285405 dated 10/12/2021 refers, enjoined entries of Utility Scale Wind Towers from Canada; (1) That were produced and exported by Marmen Inc. or Marmen Energie Inc. (2) That were the subject of the United States Department of Commerce's final determination in Utility Scale Wind Towers from Canada, 85 FR 40245 (July 6, 2020); (3) That were entered, or withdrawn from warehouse, for consumption, during the periods 12/13/2019 through 04/10/2020 and 08/25/2020 through 12/31/2020. As a result of the court's decision, the injunction to which message 1285405, dated 10/12/2021 refers, dissolved on 09/20/2024. 2. For all shipments of utility scale wind towers from Canada produced and exported by Marmen Inc. or Marmen Energie Inc. (C-122-868-001) and entered, or withdrawn from warehouse, for consumption during the periods 12/13/2019 through 04/10/2020 and 08/25/2020 through 12/31/2020, assess countervailing duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit rate in effect on the date of entry. 3. Entries for the period 04/11/2020 (the day after provisional measures expired) through 08/24/2020 (day prior to the ITC final determination), should be liquidated without regard to countervailing duties, as instructed in paragraph 2 of message 0295403, dated 10/21/2020. 4. These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2. Accordingly, notice of the lifting of suspension occurred on the message date of these instructions. Unless instructed otherwise, for all other shipments of utility scale wind towers from Canada you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates. 5. There are no injunctions applicable to the entries covered by this instruction. 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 OVI:TRW.) 9. There are no restrictions on the release of this information. Alexander Amdur