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Commerce has rescinded the administrative review of the antidumping duty order on certain cased pencils from the People's Republic of China (A-570-827) covering the period 12/01/2023 through 11/30/2024 for the firms listed below.
You are to assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption during the period 12/01/2023 through 11/30/2024 at the cash deposit rate required at the time of entry.
Liquidate all entries for the following firms:
China First Pencil Co., Ltd.
Case number: A-570-827-004
No case number was in place during the period of review for the companies listed below.
Entries may have been made under A-570-827-000, A-565-827-000, A-552-627-000, or other company-specific numbers.
Beijing Kang Jie Kong International
Beijing Majestic Stationery Co.
Centraline Stationery & Gift Co. Limited
Century Distribution System (Shenzhen)
China No.1 Pencil Co., Ltd.
Nanjing Zhaohong Textile Co Ltd
Ningbo Homey Union Co., Ltd.
Ningbo Paramout
Ocean Navigator Express Line Ltd
Orient International Enterprise Ltd.
Orient International Logistics Holding
Pacific Star Express (China) Co., Ltd
Shandong Wah Yuen Stationery Co. Ltd.; Wah Yuen Stationery Co., Ltd.
Shanghai Dream Asia International Logistics Co., Ltd.
Shanghai Everest International Logistics Co., Ltd.
Shanghai Yover Stationery Co., Ltd
Shanghai Zturn Industrial Co., Ltd
Shaoxing Robb Imp And Exp Co Ltd
Skool Tools Ltd.
Sts International Corp.
Suzhou Lejing Knitting Co., Ltd.
T.H.I Group (Shanghai) Limited
Tianjin Tonghe Stationery Co. Ltd.
TopOcean Consolidation Service (China) Ltd.
Wah Yuen Trading Co.
Weihai Gold Horse Pen Industry Co., Ltd.
Winnin Overseas Co., Ltd.
Wuxi Nice International Trading Co.
Wuyuan Wengong Stationery Co., Ltd.
Yiwu DT Supply Chain Management
Yiwu Huijie Make Pens Co., Ltd.
Zhejiang Lishui Jin Hui Pencil Stat
Zhejiang New Vision
Zhejiang Pengsheng Stationery Co Ltd
Zhejiang Sinopencil Co., Ltd.
Zhejiang Songyang Jinxing Stationery Co., Ltd.
Zibo Sankyo Rikagaku Co., Ltd.
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 publication of the notice of rescission of administrative review (90 FR 19268, 5/7/2025).
Unless instructed otherwise, for all other shipments of certain cased pencils 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 24-00098 discussed in message number 4199424, dated 7/17/2024, is applicable to the entries:
(1) that were imported by School Specialty, LLC; (2) that were the subject of the United States Department of Commerce's final determination in the May 6, 2024 Final Scope Ruling on Products Produced by School Specialty, LLC; and (3) that were entered, or withdrawn from warehouse, for consumption, during the period from July 10, 2023 to the present.
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 OIX:NS.)
8.
There are no restrictions on the release of this information.
Alexander Amdur