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  5. CSMS 8353304
CSMS 8353304·Trade policy·December 19, 2018·View on csms.cbp.gov ↗

Notice of an amended final determination in the investigation and revocation of the countervaiing duty order of certain new pneumeatic off-the-road tires from Sri Lanka (C-542-801)

Plain-English explanation

CSMS 8353304 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on December 19, 2018. It carries the official CBP guidance brokers and importers must follow for the topic — "Notice of an amended final determination in the investigation and revocation of the countervaiing duty order of certain new pneumeatic off-the-road tires from Sri Lanka (C-542-801)". 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-542-801

Message body

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

1. On 07/11/2018, the U.S. Court of International Trade (CIT) sustained the Final Redetermination issued by Commerce pursuant to Government of Sri Lanka v. United States (Slip Op. 18-87, CIT No. 17-00059). As a result, Commerce published in the Federal Register (83 FR 35213) on 07/25/2018, with an effective date of 07/21/2018, the Notice of Court Decision Not in Harmony With Final Affirmative Countervailing Duty Determination, Notice of Amended Final Determination and Revocation of Countervailing Duty Order. 2. As a result of the CIT's final decision, Commerce is revoking the order on certain new pneumatic off-the-road tires from the Sri Lanka. However, the United States has appealed the CIT's decision to the U.S. Court of Appeals for the Federal Circuit, and therefore suspension of liquidation must continue during the pendency of the appeals process. Accordingly, CBP is directed to suspend or continue to suspend liquidation of the entries of certain new pneumatic off-the-road tires from the Sri Lanka entered, or withdrawn from warehouse, for consumption on or after 06/20/2016 at a zero cash deposit rate. 3. Because the revised cash deposit rate is to be applied retroactively to entries made on or after 06/20/2016, Commerce will issue instructions for granting a refund on any over collection in a separate message. 4. These cash deposit requirements will remain in effect until further notice. 5. Do not liquidate any entries of the merchandise covered by paragraph 2 above until specific liquidation instructions are 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 OII:EWH.) 7. There are no restrictions on the release of this information. Alexander Amdur

Frequently asked questions

What is CSMS 8353304?

CSMS 8353304 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Notice of an amended final determination in the investigation and revocation of the countervaiing duty order of certain new pneumeatic off-the-road tires from Sri Lanka (C-542-801)". 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 8353304 published?

CBP published CSMS 8353304 on December 19, 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 8353304 affect?

CSMS 8353304 references 1 AD/CVD case (C-542-801). 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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