• Effective Date: Dec 01, 2016
  • Period Covered: 05/26/2011 to 11/30/2012
  • Notice of Lifting of Suspension Date: Jul 01, 2020

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

1. On 01/10/2020, the Court of Appeals for the Federal Circuit issued a final decision in the case of Changzhou Hawd Flooring Co., Ltd. v. United States (Federal Circuit court no. 2018-2335, Ct. Int'l Trade court no. 12-00020). As a result of this decision, the injunction to which messages 4135302, dated 05/15/2014, and message 8012302, dated 01/12/2018, refer enjoining liquidation of entries which are subject to the antidumping duty order on multilayered wood flooring from the People's Republic of China (China) for the period entered during the period 5/26/2011 through 11/30/2015 and exported by Dunhua City Jisen Wood Industry Co., Ltd., dissolved on 06/08/2020.

2. As discussed in message 8253301, effective 07/13/2018, Commerce is excluding entries of subject merchandise from the exporter and producer chain identified below from the antidumping duty order on multilayered wood flooring from China. However, certain periods are still enjoined from liquidation. See paragraphs 7a-c below.

3. Therefore, for all shipments of multilayered wood flooring from China from the exporter and producer chain identified below entered, or withdrawn from warehouse, for consumption during the period 05/26/2011 through 11/30/2012 liquidate all entries without regard to duties.

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 and A-570-970-114

4. This exclusion does not apply to merchandise produced by Dunhua City Jisen Wood Industry Co., Ltd. and Dun Hua City Jisen Wood Industry Co., Ltd. and exported by any other company or produced by any other company and exported by Dunhua City Jisen Wood Industry Co., Ltd. and Dun Hua City Jisen Wood Industry Co., Ltd.

5. Accordingly, for all shipments of multilayered wood flooring from China entered, or withdrawn from warehouse, for consumption during the period 05/26/2011 through 11/30/2012, entered under case numbers A-570-970-043 or A-570-970-114, and not covered by paragraph 2, assess antidumping duties at the China-wide rate in effect on the date of entry.

6. These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraphs 3 and 5. Accordingly, notice of the lifting of suspension occurred on the message date of these instructions. Unless instructed otherwise, for all other shipments of multilayered wood flooring from China you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

7a. The injunction in connection with court number 15-00204, identified in message number 5217302, dated 08/05/2015, is applicable to the entries exported by Dun Hua City Jisen Wood Industry Co., Ltd. during the period 12/01/2012 through 11/30/2013.

7b. The injunction in connection with court number 16-00147, identified in message number 6224303, dated 08/11/2016, is applicable to the entries exported by Dun Hua City Jisen Wood Industry Co., Ltd. during the periods and 12/01/2013 through 11/30/2014.

7c. The injunction in connection with court number 16-00148, identified in message number 6224305, dated 08/11/2016, is applicable to the entries exported by Dun Hua City Jisen Wood Industry Co., Ltd. and imported by Old Master Products, Inc., during the period 12/01/2013 through 11/30/2014.

Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.

8. 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.

9. 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 and/or countervailing duties, CBP shall double the antidumping duty and/or increase the antidumping duty by the amount of the countervailing 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.

10. 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.)

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

Alexander Amdur