CSMS 9265207·Trade policy·September 22, 2009·View on csms.cbp.gov ↗

COUNTERVAILING DUTY ORDER IN THE INVESTIGATION OF CERTAIN KITCHEN APPLIANCE SHELVING AND RACKS FROM CHINA (C-570-942)

Plain-English explanation

CSMS 9265207 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on September 22, 2009. It carries the official CBP guidance brokers and importers must follow for the topic — "COUNTERVAILING DUTY ORDER IN THE INVESTIGATION OF CERTAIN KITCHEN APPLIANCE SHELVING AND RACKS FROM CHINA (C-570-942)". 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-570-942

Message body

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

MESSAGE NO: 9265207 DATE: 09 22 2009 CATEGORY: CVD TYPE: ORD REFERENCE: 9008212 REFERENCE DATE: 01 08 2009 CASES: C - 570 - 942 - - - - - - - - - - PERIOD COVERED: 09 09 2009 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: COUNTERVAILING DUTY ORDER IN THE INVESTIGATION OF CERTAIN KITCHEN APPLIANCE SHELVING AND RACKS FROM CHINA (C-570-942) 1. ON 9/14/09, (74 FR 46973), COMMERCE HAS PUBLISHED IN THE FEDERAL REGISTER ITS COUNTERVAILING DUTY ORDER IN THE INVESTIGATION OF CERTAIN KITCHEN APPLIANCE SHELVING AND RACKS FROM THE PEOPLE'S REPUBLIC OF CHINA. 2. THE SCOPE OF THIS ORDER CONSISTS OF SHELVING AND RACKS FOR REFRIGERATORS, FREEZERS, COMBINED REFRIGERATOR-FREEZERS, OTHER REFRIGERATING OR FREEZING EQUIPMENT, COOKING STOVES, RANGES, AND OVENS ("CERTAIN KITCHEN APPLIANCE SHELVING AND RACKS" OR "THE SUBJECT MERCHANDISE"). CERTAIN KITCHEN APPLIANCE SHELVING AND RACKS ARE DEFINED AS SHELVING, BASKETS, RACKS (WITH OR WITHOUT EXTENSION SLIDES, WHICH ARE CARBON OR STAINLESS STEEL HARDWARE DEVICES THAT ARE CONNECTED TO SHELVING, BASKETS, OR RACKS TO ENABLE SLIDING), SIDE RACKS (WHICH ARE WELDED WIRE SUPPORT STRUCTURES FOR OVEN RACKS THAT ATTACH TO THE INTERIOR WALLS OF AN OVEN CAVITY THAT DOES NOT INCLUDE SUPPORT RIBS AS A DESIGN FEATURE), AND SUBFRAMES (WHICH ARE WELDED WIRE SUPPORT STRUCTURES THAT INTERFACE WITH FORMED SUPPORT RIBS INSIDE AN OVEN CAVITY TO SUPPORT OVEN RACK ASSEMBLIES UTILIZING EXTENSION SLIDES) WITH THE FOLLOWING DIMENSIONS: SHELVING AND RACKS WITH DIMENSIONS RANGING FROM 3 INCHES BY 5 INCHES BY 0.10 INCH TO 28 INCHES BY 34 INCHES BY 6 INCHES; OR BASKETS WITH DIMENSIONS RANGING FROM 2 INCHES BY 4 INCHES BY 3 INCHES TO 28 INCHES BY 34 INCHES BY 16 INCHES; OR SIDE RACKS FROM 6 INCHES BY 8 INCHES BY 0.10 INCH TO 16 INCHES BY 30 INCHES BY 4 INCHES; OR SUBFRAMES FROM 6 INCHES BY 10 INCHES BY 0.10 INCH TO 28 INCHES BY 34 INCHES BY 6 INCHES. THE SUBJECT MERCHANDISE IS COMPRISED OF CARBON OR STAINLESS STEEL WIRE RANGING IN THICKNESS FROM 0.050 INCH TO 0.500 INCH AND MAY INCLUDE SHEET METAL OF EITHER CARBON OR STAINLESS STEEL RANGING IN THICKNESS FROM 0.020 INCH TO 0.20 INCH. THE SUBJECT MERCHANDISE MAY BE COATED OR UNCOATED AND MAY BE FORMED AND/OR WELDED. EXCLUDED FROM THE SCOPE OF THIS INVESTIGATION IS SHELVING IN WHICH THE SUPPORT SURFACE IS GLASS. THE MERCHANDISE SUBJECT TO THIS ORDER IS CURRENTLY CLASSIFIABLE IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES ("HTSUS") STATISTICAL REPORTING NUMBERS 8418.99.8050, 8418.99.8060, 7321.90.5000, 7321.90.6090, 8516.90.8000, 8516.90.8010 AND 7321.90.6040. ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION IS DISPOSITIVE. 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER C-570-942. 4. THE INTERNATIONAL TRADE COMMISSION (ITC) FOUND IN ITS FINAL VOTE THAT THERE ARE TWO SEPARATE LIKE PRODUCTS WITHIN THE SCOPE OF THIS ORDER, REFRIGERATION SHELVING AND OVEN RACKS, AND THUS TWO SEPARATE DOMESTIC INDUSTRIES. THE ITC NOTIFIED THE COMMERCE DEPARTMENT THAT IMPORTS OF REFRIGERATION SHELVING MATERIALLY INJURE THE U.S. INDUSTRY. THEREFORE, FOR IMPORTS OF CERTAIN REFRIGERATION SHELVING FROM THE PEOPLE'S REPUBLIC OF CHINA, CBP SHALL CONTINUE TO SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 01/07/2009 AND BEFORE 05/07/2009. FOR FURTHER REFERENCE SEE MESSAGE NUMBER 9008212, DATED 01/08/2009. FOR CERTAIN OVEN RACKS, THE ITC FOUND A THREAT OF MATERIAL INJURY TO THE U.S. INDUSTRY. THE ITC DID NOT DETERMINE, BUT FOR THE SUSPENSION OF LIQUIDATION OF ENTRIES OF CERTAIN OVEN RACKS FROM THE PEOPLE'S REPUBLIC OF CHINA, THE DOMESTIC OVEN RACKS INDUSTRY WOULD HAVE BEEN MATERIALLY INJURED. THEREFORE, COMMERCE WILL ISSUE SEPARATE INSTRUCTIONS TO U.S. CUSTOMS AND BORDER PROTECTION (CBP) TO TERMINATE SUSPENSION AND REFUND ANY CASH DEPOSIT AND RELEASE ANY BOND OR OTHER SECURITY OF CERTAIN OVEN RACKS FROM THE PEOPLE'S REPUBLIC OF CHINA, FOR SHIPMENTS, ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION PRIOR TO 09/09/2009, THE DATE OF PUBLICATION OF THE ITC'S FINAL DETERMINATION IN THE FEDERAL REGISTER (74 FR 46464). 5. EFFECTIVE 09/09/2009, FOR ENTRIES OF KITCHEN APPLIANCE SHELVING AND RACKS FROM THE PEOPLE'S REPUBLIC OF CHINA, CBP SHALL SUSPEND LIQUIDATION AND REQUIRE CASH DEPOSITS EQUAL TO THE SUBSIDY RATES SHOWN BELOW: EXPORTER: ALL OTHERS PRODUCER: ALL OTHERS CASE NUMBER: C-570-942-000 CASH DEPOSIT RATE: 13.30% EXPORTER: GUANGDONG WIREKING CO., LTD./FORMERLY KNOWN AS FOSHAN SHUNDE WIREKING HOUSEWARES & HARDWARE PRODUCER: GUANGDONG WIREKING CO., LTD./FORMERLY KNOWN AS FOSHAN SHUNDE WIREKING HOUSEWARES & HARDWARE CASE NUMBER: C-570-942-001 CASH DEPOSIT RATE: 13.30% EXPORTER: ASBER ENTERPRISES CO., LTD. (CHINA) PRODUCER: ASBER ENTERPRISES CO., LTD. (CHINA) CASE NUMBER: C-570-942-002 CASH DEPOSIT RATE: 170.82% EXPORTER: CHANGZHOU YIXIONG METAL PRODUCTS CO., LTD. PRODUCER: CHANGZHOU YIXIONG METAL PRODUCTS CO., LTD. CASE NUMBER: C-570-942-003 CASH DEPOSIT RATE: 149.91% EXPORTER: FOSHAN WINLEADER METAL PRODUCTS CO., LTD. PRODUCER: FOSHAN WINLEADER METAL PRODUCTS CO., LTD. CASE NUMBER: C-570-942-004 CASH DEPOSIT RATE: 149.91% EXPORTER: KINGSUN ENTERPRISES GROUP CO., LTD. PRODUCER: KINGSUN ENTERPRISES GROUP CO., LTD. CASE NUMBER: C-570-942-005 CASH DEPOSIT RATE: 149.91% EXPORTER: YUYAO HANJUN METAL WORK CO., LTD./YUYAO HANJUN METAL PRODUCTS CO., LTD. PRODUCER: YUYAO HANJUN METAL WORK CO., LTD./YUYAO HANJUN METAL PRODUCTS CO., LTD. CASE NUMBER: C-570-942-006 CASH DEPOSIT RATE: 149.91% EXPORTER: ZHONGSHAN IWATANI CO., LTD. PRODUCER: ZHONGSHAN IWATANI CO., LTD. CASE NUMBER: C-570-942-007 CASH DEPOSIT RATE: 149.91% 6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577, RESPECTIVELY (GENERATED BY O1:YN) 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CHRISTINE FURGASON

Frequently asked questions

What is CSMS 9265207?

CSMS 9265207 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "COUNTERVAILING DUTY ORDER IN THE INVESTIGATION OF CERTAIN KITCHEN APPLIANCE SHELVING AND RACKS FROM CHINA (C-570-942)". 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 9265207 published?

CBP published CSMS 9265207 on September 22, 2009. 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 9265207 affect?

CSMS 9265207 references 1 AD/CVD case (C-570-942). 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.