Message body
Full text as published by U.S. Customs and Border Protection
1. Commerce has rescinded the administrative review of the antidumping duty order on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof, from the People's Republic of China (A-570-124) covering the period 05/01/2023 through 04/30/2024 for the firm listed below.
You are to assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption during the period 05/01/2023 through 04/30/2024 at the cash deposit rate required at the time of entry.
Liquidate all entries for the following firm:
Company:
Chongqing Kohler Engines, Ltd.
Case number:
A-570-124-001; A-201-996-001
Company:
Chongqing Zongshen General Power Machine Co., Ltd.;
Chongqing Dajiang Power Equipment Co., Ltd.;
Chongqing Zongshen Power Machinery Co., Ltd.
Case number:
A-570-124-002
Company:
Changzhou Kawasaki and Kwang Yang Engine Co., Ltd.
Case number:
A-570-124-003
Company:
Chongqing Chen Hui Electric Machinery Co., Ltd.
Case number:
A-570-124-004; A-570-124-005
Company:
Chongqing Hwasdan Power Technology Co., Ltd.
Case number:
A-570-124-006
Company:
Chongqing Rato Technology Co., Ltd.
Case number:
A-570-124-007
Company:
Chongqing Senci Import & Export Trade Co., Ltd.
Case number:
A-570-124-008; A-570-124-009
Company:
Wenling Qianjiang Imp. & Exp. Co., Ltd.
Case number:
A-570-124-011; A-570-124-012
Company:
Zhejiang Amerisun Technology Co., Ltd
Case number:
A-570-124-013; A-570-124-014; A-570-124-015; A-570-124-016
Company:
Loncin Motor Co., Ltd.
Case number:
A-570-124-017
No case number was in place during the period of review for the companies listed below.
Entries may have been made under A-570-124-000 or other company-specific numbers.
Company:
ChongQing AM Pride Power & Machinery Co., Ltd.
Company:
Chongqing Dinking Power Machinery Co., Ltd.
Company:
Chongqing Dinking Power Machinery Co., Ltd.
Company:
Chongqing Ducar Power Equipment Co., Ltd.
Company:
Chongqing Kohler Motors Co., Ltd.
Company:
Chongqing Shineray Agricultural Machinery Co., Ltd.
Company:
Fujian Everstrong Lega Power Equipments Co., Ltd.
Company:
Kawasaki Heavy Industries, Ltd.
Company:
Lifan Technology (Group) Co., Ltd.
Company:
Taizhou Sabo Electronics Co., Ltd.
Company:
Qianjiang Group Wenling Jennfeng Industry Inc.
Company:
Zhejiang Dobest Power Tools Co., Ltd.
2.
Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by this message occurred with publication of the notice of rescission of administrative review (89 FR 84117, 10/21/2024).
Unless instructed otherwise, for all other shipments of certain vertical shaft engines between 99cc and up to 225cc, and parts thereof, from the People's Republic of China you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
3. The injunction with court number 23-00011 discussed in message number 3089411, dated 03/30/2023, is applicable to the entries that were (1) exported by Zhejiang Amerisun Technology Co., Ltd.; (2) subject to the United States Department of Commerce's final determination in Scope Ruling on Modified Vertical Shaft Engines issued December 22, 2022 and published in the Notice of Scope Rulings, 88 Fed. Reg. 7402 (February 3, 2023); and (3) entered, or withdrawn from warehouse, for consumption, during the period 08/26/2022 through the issuance of superseding instructions, or until the first and final conclusive resolution of this litigation. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.
4.
The assessment of antidumping 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 antidumping duties.
The interest provisions are not applicable to cash posted as estimated antidumping duties before the date of publication of the antidumping duty order.
Interest shall be calculated from the date payment of estimated antidumping 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.
5.
Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement certification in accordance with 19 CFR 351.402(f)(2) and as described under this paragraph:
a.
The importer must certify with CBP prior to liquidation (except as provided below) whether the importer has or has not been reimbursed or entered into any agreement or understanding for the payment or for the refunding to the importer by the manufacturer, producer, seller, or exporter for all or any part of the antidumping and/or countervailing duties, as appropriate.
Such certification should identify the commodity and country and contain the information necessary to link the certification to the relevant entry or entry line number(s).
b.
The certification may be filed either electronically or in paper in accordance with CBP's requirements, as applicable.
c.
If an importer does not provide its certification prior to liquidation, CBP may accept the certification in accordance with its protest procedures under 19 U.S.C. 1514, unless otherwise directed.
d.
Certifications are required for entries of the relevant commodity that have been imported on or after the date of publication of the antidumping notice in the Federal Register that first suspended liquidation in that proceeding.
e.
Consistent with 19 CFR 351.402(f)(3), if an importer fails to file the certification, Commerce may presume that the importer was paid or reimbursed the antidumping or countervailing duties.
Therefore, if the importer does not provide the certification prior to liquidation (or as provided above), reimbursement of the duties shall be presumed.
Accordingly, if there is no certification with respect to the antidumping duty, CBP shall increase the antidumping duty by the amount of the antidumping duty.
In addition, if there is no certification with respect to any applicable countervailing duty, CBP shall increase the antidumping duty by the amount of the countervailing duty.
Further, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall increase the antidumping duty by the amount of the antidumping duty.
In addition, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed any applicable countervailing duties, CBP shall increase the antidumping duty by the amount of the countervailing duty.
6.
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.
7.
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 OII:
CH.)
8.
There are no restrictions on the release of this information.
Alexander Amdur