Refund of antidumping duty cash deposit for multilayered wood flooring from China pursuant to third amended final determination for the period 05/26/2011 through 07/12/2018 (A-570-970)

1. On 07/25/2018 (83 FR 35217), Commerce published in the Federal Register a Notice of Court Decision Not in Harmony with the Second Amended Final Determination and Notice of Final Third Amended Final Determination of the antidumping duty investigation on multilayered wood flooring from the People's Republic of China (China) (subject merchandise). In that determination, Commerce excluded certain producer/exporter combinations from the order. See message 8253301, dated 09/10/2018. However, in accordance with the decision of the United States Court of Appeals for the Federal Circuit in Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990), unliquidated entries of merchandise from these producer/exporter combinations must remain suspended at a zero percent cash deposit rate during the pendency of the appeals process. 2. Title 19 U.S.C. 1520(a)(4) authorizes refunds prior to liquidation whenever an importer of record declares or it is ascertained that excess duties, fees, charges, or exactions have been deposited or paid. Accordingly, CBP is authorized to grant a refund, if requested by the importer, of cash deposits for unliquidated entries of subject merchandise from the exporter/producer combinations listed below which were entered, or withdrawn from warehouse, for consumption during the period 05/26/2011 (date of preliminary determination publication in the Federal Register) through 07/12/2018, (the day prior to the effective date of the Court's determination), unless paragraph three applies. Exporter: Fine Furniture (Shanghai) Limited and Double F Limited Producer: Fine Furniture (Shanghai) Limited and Double F Limited Case Number: A-570-970-078 Entries may have also been made under case number A-570-970-099 Exporter: Dunhua City Jisen Wood Industry Co., Ltd. and Dun Hua City Jisen Wood Industry Co., Ltd. Producer: Dunhua City Jisen Wood Industry Co., Ltd. and Dun Hua City Jisen Wood Industry Co., Ltd. Case Number: A-570-970-043 Entries may have also been made under case number A-570-970-114 Exporter: Armstrong Wood Products Kunshan Co., Ltd. Producer: Armstrong Wood Products Kunshan Co., Ltd. Case Number: A-570-970-034 Entries may have also been made under case number A-570-970-101 3. If CBP continued to collect cash deposits above a zero percent rate during the period 07/13/2018 through the day prior to the date the third amended final determination instructions were posted (see message 8253301, dated 09/10/2018), on subject merchandise from the exporter/producer combinations identified in paragraph 2, above, then the authority to grant refunds applies to such merchandise entered, or withdrawn from warehouse, for consumption during this period. 4. Shipments of subject merchandise entered, or withdrawn from warehouse, for consumption during the period 11/22/2011 through 12/06/2011, should be liquidated according to message 1341303, dated 12/07/2011, and are not subject to these refund instructions 5. Do not liquidate entries of merchandise covered by paragraphs 2 or 3, above, until specific 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 or bonds 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. 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:AN.) 8. There are no restrictions on release of this information. Alexander Amdur