CSMS 9036305·Trade policy·February 5, 2019·View on csms.cbp.gov ↗

Rescission of administrative review in part of antidumping duty order on fresh garlic from the People's Republic of China (A-570-831).

Plain-English explanation

CSMS 9036305 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on February 5, 2019. It carries the official CBP guidance brokers and importers must follow for the topic — "Rescission of administrative review in part of antidumping duty order on fresh garlic from the People's Republic of China (A-570-831).". 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-570-831

Message body

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

1. Commerce has rescinded the administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (A-570-831) covering the period 11/01/2016 through 10/31/2017 in part with respect to the firms listed below. You are to assess antidumping duties on this merchandise entered, or withdrawn from warehouse, for consumption during the period 11/01/2016 through 10/31/2017 at the cash deposit rate required at the time of entry. Liquidate all entries for the following firms: Jining Shunchang Import & Export Co., Ltd. Case number: A-570-831-079 Jinxiang Feiteng Import & Export Co., Ltd. Case number: A-570-831-080 Shenzhen Bainong Co., Ltd. Case number: A-570-831-067 Shenzhen Xinboda Industrial Co., Ltd. Case number: A-570-831-056 Shijiazhuang Goodman Trading Co., Ltd. Case number: A-570-831-062 Zhengzhou Harmoni Spice Co., Ltd. Case number: A-570-831-006 Zhengzhou Yudi Shengjin Agricultrual Trade Co., Ltd. Case number: A-570-831-090 No case number was in place during the period of review for the companies listed below. Entries may have been made under A-570-831-000 or other company-specific numbers. Company: Foshan Fuyi Food Co., Ltd. Company: Jinxiang Hejia Co., Ltd. Company: Jinxiang Kingkey Trade Co., Ltd. Company: Qingdao Joinseafoods Company: Weifang Naike Food Co., Ltd. 2. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 1 occurred with the publication of the notice of rescission in part of administrative review (83 FR 63479, 12/10/2018). Unless instructed otherwise, for all other shipments of fresh garlic 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. There are no injunctions applicable to the entries covered by this instruction. 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 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. 5. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement statement, as described in section 351.402(f)(2) of Commerce's regulations. The importer should provide the reimbursement statement prior to liquidation of the entry. If the importer certifies that it has an agreement with the producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall double the antidumping duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP's protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement. 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:AC.) 7. There are no restrictions on the release of this information. Alexander Amdur

Frequently asked questions

What is CSMS 9036305?

CSMS 9036305 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Rescission of administrative review in part of antidumping duty order on fresh garlic from the People's Republic of China (A-570-831).". 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 9036305 published?

CBP published CSMS 9036305 on February 5, 2019. 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 9036305 affect?

CSMS 9036305 references 1 AD/CVD case (A-570-831). 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?

Learn more

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Open resource

Find the right manufacturer or exporter rate in an AD/CVD order

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.