CSMS 8222301·Trade policy·August 10, 2018·View on csms.cbp.gov ↗

Correction of message 8214301regarding scope and corrected cash deposit rates

Plain-English explanation

CSMS 8222301 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on August 10, 2018. It carries the official CBP guidance brokers and importers must follow for the topic — "Correction of message 8214301regarding scope and corrected cash deposit rates". 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

A-470-817

Message body

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

1. On 08/01/2018, Commerce published in the Federal Register its antidumping duty order on ripe olives from Spain (83 FR 37465). See message 8214301, dated 08/02/2018. Paragraph 2 of that message is missing the footnote describing certain products excluded from the scope of the order. Additionally, paragraph 3 of message 8214301 contains incorrect information about the case number for producer and/or exporter All-Others. 2. On 08/10/2018, Commerce published in the Federal Register a notice of correction to the antidumping duty order to correct the cash deposit rate for one producer and/or exporter, Aceitunas Guadalquivir S.L. 3. This is a correction to message 8214301, dated 08/02/2018, and also reflects the appropriate cash deposit rates from the corrected antidumping duty order. Below is the fully corrected message. 4. The merchandise covered by this order is certain processed olives, usually referred to as “ripe olives.” The subject merchandise includes all colors of olives; all shapes and sizes of olives, whether pitted or not pitted, and whether whole, sliced, chopped, minced, wedged, broken, or otherwise reduced in size; all types of packaging, whether for consumer (retail) or institutional (food service) sale, and whether canned or packaged in glass, metal, plastic, multilayered airtight containers (including pouches), or otherwise; and all manners of preparation and preservation, whether low acid or acidified, stuffed or not stuffed, with or without flavoring and/or saline solution, and including in ambient, refrigerated, or frozen conditions. Included are all ripe olives grown, processed in whole or in part, or packaged in Spain. Subject merchandise includes ripe olives that have been further processed in Spain or a third country, including but not limited to curing, fermenting, rinsing, oxidizing, pitting, slicing, chopping, segmenting, wedging, stuffing, packaging, or heat treating, or any other processing that would not otherwise remove the merchandise from the scope of the order if performed in Spain. Subject merchandise includes ripe olives that otherwise meet the definition above that are packaged together with non-subject products, where the smallest individual packaging unit (e.g., can, pouch, jar, etc.) of any such product – regardless of whether the smallest unit of packaging is included in a larger packaging unit (e.g., display case, etc.) – contains a majority (i.e., more than 50 percent) of ripe olives by net drained weight. The scope does not include the non-subject components of such product. Excluded from the scope are: (1) Specialty olives{See Footnote 1} (including “Spanish-style,” “Sicilian-style,” and other similar olives) that have been processed by fermentation only, or by being cured in an alkaline solution for not longer than 12 hours and subsequently fermented; and (2) provisionally prepared olives unsuitable for immediate consumption (currently classifiable in subheading 0711.20 of the Harmonized Tariff Schedule of the United States (HTSUS)). The merchandise subject to this order is currently classifiable under subheadings 2005.70.0230, 2005.70.0260, 2005.70.0430, 2005.70.0460, 2005.70.5030, 2005.70.5060, 2005.70.6020, 2005.70.6030, 2005.70.6050, 2005.70.6060, 2005.70.6070, 2005.70.7000, 2005.70.7510, 2005.70.7515, 2005.70.7520, and 2005.70.7525 HTSUS. Subject merchandise may also be imported under subheadings 2005.70.0600, 2005.70.0800, 2005.70.1200, 2005.70.1600, 2005.70.1800, 2005.70.2300, 2005.70.2510, 2005.70.2520, 2005.70.2530, 2005.70.2540, 2005.70.2550, 2005.70.2560, 2005.70.9100, 2005.70.9300, and 2005.70.9700. Although HTSUS subheadings are provided for convenience and U.S. Customs purposes, they do not define the scope of the order; rather, the written description of the subject merchandise is dispositive. FOOTNOTE 1: Some of the major types of specialty olives and their curing methods are: • “Spanish-style” green olives: Spanish-style green olives have a mildly salty, slightly bitter taste, and are usually pitted and stuffed. This style of olive is primarily produced in Spain and can be made from various olive varieties. Most are stuffed with pimento; other popular stuffings are jalapeno, garlic, and cheese. The raw olives that are used to produce Spanish-style green olives are picked while they are unripe, after which they are submerged in an alkaline solution for typically less than a day to partially remove their bitterness, rinsed, and fermented in a strong salt brine, giving them their characteristic flavor. • “Sicilian-style” green olives: Sicilian-style olives are large, firm green olives with a natural bitter and savory flavor. This style of olive is produced in small quantities in the United States using a Sevillano variety of olive and harvested green with a firm texture. Sicilian-style olives are processed using a brine-cured method, and undergo a full fermentation in a salt and lactic acid brine for 4 to 9 months. These olives may be sold whole unpitted, pitted, or stuffed. • “Kalamata” olives: Kalamata olives are slightly curved in shape, tender in texture, and purple in color, and have a rich natural tangy and savory flavor. This style of olive is produced in Greece using a Kalamata variety olive. The olives are harvested after they are fully ripened on the tree, and typically use a brine-cured fermentation method over 4 to 9 months in a salt brine. • Other specialty olives in a full range of colors, sizes, and origins, typically fermented in a salt brine for 3 months or more. 5. For imports of ripe olives from Spain, CBP shall suspend liquidation of entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after 07/31/2018 (date of publication of the International Trade Commission final determination in the Federal Register). Effective 07/31/2018, CBP shall require a cash deposit equal to the percentages identified below. These cash deposit rates have been adjusted to reflect the appropriate subsidy offsets determined in the companion countervailing duty proceeding. Producer and/or Exporter: All-Others Case Number: A-470-817-000 Cash Deposit: 19.98 percent Producer and/or Exporter: Aceitunas Guadalquivir S.L. Case Number: A-470-817-001 Cash Deposit: 17.45 percent Producer and/or Exporter: Agro Sevilla Aceitunas S.COOP Andalusia Case Number: A-470-817-002 Cash Deposit: 25.39 percent Producer and/or Exporter: Angel Camacho Alimentacion S.L. Case Number: A-470-817-003 Cash Deposit: 16.83 percent 6. Instructions for granting a request for a refund on any overcollection of imported merchandise from the producer and/or exporter whose rate decreased in the corrected antidumping duty order will be issued in a separate message. 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 OI:BH) 8. There are no restrictions on the release of this information. Alexander Amdur

Frequently asked questions

What is CSMS 8222301?

CSMS 8222301 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Correction of message 8214301regarding scope and corrected cash deposit rates". 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 8222301 published?

CBP published CSMS 8222301 on August 10, 2018. 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 8222301 affect?

CSMS 8222301 references 1 AD/CVD case (A-470-817). 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?

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Cash deposit cascade, separate rates, all-others, and PRC-wide rates. Worked example on case A-570-910 (galvanized welded steel pipe from China) with three exporter-specific rates.