• Effective Date: May 19, 2020
  • Period Covered: 11/22/2016 to 01/31/2020
  • Notice of Lifting of Suspension Date: Jun 08, 2020

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 4 below.

1. On 03/20/2020, the U.S. Court of International Trade issued a final decision in the case of Macao Commercial and Industrial Spring Mattress Manufacturer v. United States (19-00005). As a result of this decision, the injunction to which message 9042302 refers enjoining liquidation of entries which are subject to the antidumping duty order on uncovered innerspring units from China for the period 11/22/2016 through 01/31/2020 and which are produced in and/or exported from Macau by the Macao Commercial Group, dissolved on 05/19/2020.

2. Commerce did not receive a request for an administrative review of the antidumping duty order for the Macao Commercial Group for any review period during the timeframe and on the merchandise identified below.

3. For all shipments of uncovered innerspring units from China produced in and/or exported from Macau by the Macao Commercial Group (A-566-002-001), and entered, or withdrawn from warehouse, for consumption during the period 11/22/2016 through 01/31/2020, assess an antidumping liability equal to 234.51% of the entered value. Entries from the Macao Commercial Group may have entered under A-570-928-000 or other company-specific case numbers.

Note to CBP: The Macao Commercial Group is comprised of the following companies: Macao Commercial and Industrial Spring Mattress Manufacturer, Tai Wa Commercial, Tai Wa Machinery, Wa Cheong Hong, and Heshan Tai Hua Jian Ye Machinery Co., Ltd.

4. These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 3. Accordingly, notice of the lifting of suspension occurred on the message date of these instructions. Unless instructed otherwise, for all other shipments of uncovered innerspring units from China you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

5. There are no injunctions applicable to the entries covered by this instruction.

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. 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.

8. 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 OV:MR.)

9. There are no restrictions on the release of this information.

Alexander Amdur