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  5. CSMS 5152304
CSMS 5152304·Trade policy·June 1, 2015·View on csms.cbp.gov ↗

Preliminary injunction on certain crystalline silicon photovoltaic products from the PRC for Suniva, Inc. for the period 06/10/2014 - 10/07/2014 & 02/10/2015 - 12/31/2015 (C-570-011), court #15-00071

Plain-English explanation

CSMS 5152304 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on June 1, 2015. It carries the official CBP guidance brokers and importers must follow for the topic — "Preliminary injunction on certain crystalline silicon photovoltaic products from the PRC for Suniva, Inc. for the period 06/10/2014 - 10/07/2014 & 02/10/2015 - 12/31/2015 (C-570-011), court #15-00071". 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

C-570-011

Message body

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

1. On 05/29/2015, the U.S. Court of International Trade issued a preliminary injunction (PI) enjoining liquidation of entries identified in paragraph 2 which are subject to the countervailing duty order on certain crystalline silicon photovoltaic products from the People's Republic of China (C-570-011) for the period 06/10/2014 through 10/07/2014 and 02/10/2015 through 12/31/2015. This PI was issued in connection with court number 15-00071. 2. This PI enjoins liquidation of entries which: (i) were imported into the United States by Suniva, Inc.; and (ii) were suspended pursuant to Department of Commerce: case number C-570-011 and were entered, or withdrawn from warehouse, for consumption on or after June 10, 2014 through October 7, 2014 and February 10, 2015 through December 31, 2015; and (iii) remain unliquidated as of 5 o'clock p.m. on May 29, 2015. 3. Effective 05/29/2015 (the date the Court issued the PI), no liquidation may be made for entries referred to in paragraph 2 which remain unliquidated as of 5 o'clock p.m. on 05/29/2015. Any such entries that are set for liquidation must be unset immediately. Continue to suspend liquidation of these entries until liquidation instructions are issued. 4. Effective immediately, CBP is instructed to follow the terms of the PI. 5. Liquidation instructions for entries affected by this PI have not yet been issued. 6. 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:GHC.) 7. There are no restrictions on the release of this information. Michael B. Walsh

Frequently asked questions

What is CSMS 5152304?

CSMS 5152304 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Preliminary injunction on certain crystalline silicon photovoltaic products from the PRC for Suniva, Inc. for the period 06/10/2014 - 10/07/2014 & 02/10/2015 - 12/31/2015 (C-570-011), court #15-00071". 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 5152304 published?

CBP published CSMS 5152304 on June 1, 2015. 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 5152304 affect?

CSMS 5152304 references 1 AD/CVD case (C-570-011). 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?

Yes — for at-the-border filing and entry collection. CSMS messages translate Commerce's Federal Register determinations into operational CBP instructions that ACE/ACS systems and brokers execute. The Federal Register notice is the underlying legal authority; the CSMS is the operational implementation. Both should be read together when reconciling a rate or scope change.

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