Liquidation instructions for xanthan gum from the People's Republic of China: Deosen Biochemical Ltd. for the period 07/01/2019 through 06/30/2020 (A-570-985)

1. On 07/29/2024, the U.S. Court of International Trade issued a final decision in the case of Meihua Group International Trading (Hong Kong) Limited and Xinjiang Meihua Amino Acid Co., Ltd. and Deosen Biochemical (Ordos) Ltd., Deosen Biochemical Ltd., and Jianlong Biotechnology Company Ltd. v. United States (consol. Court number 22-00069). The injunction to which message 2175406 dated 06/24/2022 refers, enjoined entries which were (1) exported by Deosen Biochemical (Ordos) Ltd./Deosen Biochemical Ltd. (2) that were the subject of the United States Department of Commerce's final determination in Xanthan Gum From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020, 87 FR 7104 (February 8, 2022), (3) that were entered, or withdrawn from warehouse, for consumption, during the period 7/1/2019 through 6/30/2020. As a result of the Court's decision, the injunction to which message 2175406 refers dissolved on 09/28/2024 only for entries that were exported by Deosen Biochemical Ltd. Entries of subject merchandise that were exported by Deosen Biochemical (Ordos) Ltd. that were entered, or withdrawn from warehouse, for consumption during the period 07/01/2019 through 06/30/2020 continue to be enjoined from liquidation by message 2175406. 2. For all shipments of xanthan gum from the People's Republic of China exported by the firm listed below, assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption during the period 07/01/2019 through 06/30/2020 at the cash deposit rate required at the time of entry. Liquidate all entries that were exported by the following firm: Exporter: Deosen Biochemical Ltd Case number: A-570-985-012 Note to CBP: Continue to suspend liquidation of all entries of subject merchandise that were exported by Deosen Biochemical (Ordos) Ltd. and were entered, or withdrawn from warehouse, for consumption during the period 07/01/2019 through 06/30/2020 until specific liquidation instructions are issued. Merchandise exported by Deosen Biochemical (Ordos) Ltd. may have entered under A-570-985-012, A-570-985-000, or other company specific case numbers. 3a. Commerce is currently conducting a scope inquiry on whether GPI Purexan 80AN, GPI Purexan 200AN and GPI Quickxan covered by the inquiry are covered by the scope of the antidumping duty order on xanthan gum from the People's Republic of China. In message 4261402, dated 09/17/2024 (corrected by message number 4262404, dated 09/18/2024), Commerce instructed CBP to continue to suspend entries of merchandise covered by the inquiry that are already subject to suspension of liquidation under the antidumping duty order. Additionally, for entries of merchandise covered by the inquiry not already subject to the suspension of liquidation, that message also instructed CBP to suspend liquidation of: shipments entered, or withdrawn from warehouse, for consumption on or after 10/23/2023 (the date of initiation of the scope inquiry), and (ii) shipments entered, or withdrawn from warehouse, for consumption prior to the date of initiation of the scope inquiry but no earlier than 11/04/2021 (effective date of the suspension rules in the new scope regulations). Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued 3b. Commerce is currently conducting a scope inquiry on whether GPI Xantech DF40 and GPI Xantech DF40-D are covered by the inquiry are covered by the scope of the antidumping duty order on xanthan from the People's Republic of China. In message 4262403, dated 09/17/2024 (corrected by message number 4262401, dated 09/18/2024), Commerce instructed CBP to continue to suspend entries of merchandise covered by the inquiry that are already subject to suspension of liquidation under the antidumping duty order. Additionally, for entries of merchandise covered by the inquiry not already subject to the suspension of liquidation, that message also instructed CBP to suspend liquidation of (i) shipments entered, or withdrawn from warehouse, for consumption on or after 10/23/2023 (the date of initiation of the scope inquiry), and (ii) shipments entered, or withdrawn from warehouse, for consumption prior to the date of initiation of the scope inquiry but no earlier than 11/04/2021 (effective date of the suspension rules in the new scope regulations). Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued. 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 xanthan gum 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. 5a. There are no injunctions applicable to the entries that were exported by Deosen Biochemical Ltd during the period 07/01/2019 through 06/30/2020. 5b. The injunction with court number 22-00065 discussed in message number 2175406 dated 06/24/2022, is applicable to the entries exported by Deosen Biochemical (Ordos) Ltd. during the period 07/01/2019 through 06/30/2020. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued. 6. 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. 7. 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. 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 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 OIV:RA.) 10. There are no restrictions on the release of this information. Alexander Amdur