Message body
Full text as published by U.S. Customs and Border Protection
1a.
Commerce has rescinded the administrative review of the antidumping duty order on Mattresses from Indonesia (A-560-836) covering the period 5/1/2022 through 4/30/2023 in part with respect to the firms listed below.
You are to assess antidumping duties on this merchandise entered, or withdrawn from warehouse, for consumption during the period 5/1/2022 through 4/30/2023 at the cash deposit rate required at the time of entry.
Liquidate all entries for the following firms:
Bali Natural Latex
Case number: A-560-836-003
CV. Aumireta Anggun
Case number: A-560-836-004
CV. Lautan Rezeki
Case number: A-560-836-005
Duta Abadi Primantara, Pt
Case number: A-560-836-006
Ecos Jaya JL Pasir Awi
Case number: A-560-836-007
Mimpi
Case number: A-560-836-008
PT. Ateja Multi Industri
Case number: A-560-836-009
PT. Ateja Tritunggal
Case number: A-560-836-010
PT. Aurora World Cianjur
Case number: A-560-836-011
P.T. Barat Daya Gemilang
Case number: A-560-836-012
PT. CJ Logistics Indonesia
Case number: A-560-836-013
PT. Cahaya Buana Furindotama
Case number: A-560-836-014
PT Celebes Putra Prima
Case number: A-560-836-015
PT Demak Putra Mandiri
Case number: A-560-836-016
PT. Dinamika Indonusa Prima
Case number: A-560-836-017
PT. Dunlopillo Indonesia
Case number: A-560-836-018
PT. Dynasti Indomegah
Case number: A-560-836-019
PT Graha Anom Jaya
Case number: A-560-836-020
PT Kline Total Logistics Indonesia
Case number: A-560-836-022
PT. Massindo International
Case number: A-560-836-023
PT. Ocean Centra Furnindo
Case number: A-560-836-024
PT. Quantum Tosan Internasional
Case number: A-560-836-025
PT. Romance Bedding & Furniture
Case number: A-560-836-026
PT. Royal Abadi Sejahtera
Case number: A-560-836-027
PT Rubberfoam Indonesia
Case number: A-560-836-028
PT Solo Murni Epte
Case number: A-560-836-029
PT. Transporindo Buana Kargotama
Case number: A-560-836-030
Sonder Canada Inc
Case number: A-560-836-031
Super Poly Industry PT
Case number: A-560-836-032
PT Champion Mattress Indonesia Manufacturing
Case number: A-560-836-033
1b.
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 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.
2.
Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by this message occurred with the publication of the notice of rescission in part of administrative review (89 FR 91335, 11/19/2024).
Unless instructed otherwise, for all other shipments of Mattresses from Indonesia you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
3.
There are no injunctions applicable to the entries covered by this instruction.
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 OVIII: NW.)
8.
There are no restrictions on the release of this information.
Alexander Amdur