- Effective Date: Dec 28, 2021
- Period of Review: Nov 01, 2014 to Oct 31, 2015
- Notice of Lifting of Suspension Date: Jan 12, 2022
- Cite as: 86 FR 62510
Cite date: Nov 10, 2021
Notice of the lifting of suspension occurred on the message date of these instructions. See
paragraph 3 below.
1. On 10/27/2021, the U.S. Court of International Trade issued a final decision in the case of Diamond Sawblades Manufacturers' Coalition v. United States (court no. 17-00167).
The injunction to which message 7180308 dated 06/29/2017 refers, enjoined entries which are exported by Chengdu Huifeng Diamond Tools Co., Ltd., Danyang Hantronic Import & Export Co., Ltd., Danyang Huachang Diamond Tools Manufacturing Co., Ltd., Danyang Like Tools Manufacturing Co., Ltd., Danyang NYCL Tools Manufacturing Co., Ltd., Danyang Weiwang Tools Manufacturing Co., Ltd., Guilin Tebon Superhard Material Co., Ltd., Hangzhou Deer King Industrial and Trading Co., Ltd., Hangzhou Kingburg Import & Export Co., Ltd., Huzhou Gus Import & Export Co., Ltd., Jiangsu Inter-China Group Corporation, Jiangsu Youhe Tool Manufacturer Co., Ltd., Qingyuan Shangtai Diamond Tools Co., Ltd., Quanzhou Zhongzhi Diamond Tool Co., Ltd., Rizhao Hein Saw Co., Ltd., Saint-Gobain Abrasives (Shanghai) Co., Ltd., Shanghai Jingquan Industrial Trade Co., Ltd., Sino Tools Co., Ltd., Weihai Xiangguang Mechanical Industrial Co., Ltd., Wuhan Wanbang Laser Diamond Tools Co., Ltd, Xiamen ZL Diamond Technology Co., Ltd., or Zhejiang Wanli Tools Group Co., Ltd.
As a result of the court's decision, the injunction to which message 7180308 refers, dissolved on 12/27/2021.
2.
For all shipments of diamond sawblades and parts thereof from the People's Republic of China exported by the firms listed below and entered, or withdrawn from warehouse, for consumption during the period 11/01/2014 through 10/31/2015, assess an antidumping liability equal to 15.91 percent of the entered value of subject merchandise:
Exporter: Chengdu Huifeng Diamond Tools Co., Ltd.
Note: This company had a case number during the period of review.
Entries may have come in under A-570-900-036, A-570-900-000 or other company specific numbers (Deactivated effective 12/19/2017)
Exporter: Danyang Hantronic Import & Export Co., Ltd.
Note: This company had a case number during the period of review. Entries may have come in under A-570-900-077, A-570-900-000 or other company specific numbers (Deactivated effective 08/20/2021)
Exporter: Danyang Huachang Diamond Tools Manufacturing Co., Ltd.
Note: This company had a case number during the period of review.
Entries may have come in under A-570-900-038, A-570-900-000 or other company specific numbers (Deactivated effective 12/14/2018)
Exporter: Danyang Like Tools Manufacturing Co., Ltd.
Note: This company had a case number during the period of review. Entries may have come in under A-570-900-078, A-570-900-000 or other company specific numbers (Deactivated effective 12/14/2018)
Exporter: Danyang NYCL Tools Manufacturing Co., Ltd.
Note: This company had a case number during the period of review.
Entries may have come in under A-570-900-039, A-570-900-000 or other company specific numbers (Deactivated effective 11/09/2020)
Exporter: Danyang Weiwang Tools Manufacturing Co., Ltd.
Case number: A-570-900-061
Exporter: Guilin Tebon Superhard Material Co., Ltd.
Note: This company had a case number during the period of review. Entries may have come in under A-570-900-041, A-570-900-000 or other company specific numbers (Deactivated effective 11/09/2020)
Exporter: Hangzhou Deer King Industrial and Trading Co., Ltd.
Note: This company had a case number during the period of review. Entries may have come in under A-570-900-042, A-570-900-000 or other company specific numbers (Deactivated effective 11/09/2020)
Exporter: Hangzhou Kingburg Import & Export Co., Ltd.
Note: This company had a case number during the period of review. Entries may have come in under A-570-900-067, A-570-900-000 or other company specific numbers (Deactivated effective 04/20/2018)
Exporter: Huzhou Gus Import & Export Co., Ltd.
Note: This company had a case number during the period of review. Entries may have come in under A-570-900-047, A-570-900-000 or other company specific numbers (Deactivated effective 11/09/2020)
Exporter: Jiangsu Inter-China Group Corporation
Note: This company had a case number during the period of review. Entries may have come in under A-570-900-049, A-570-900-000 or other company specific numbers (Deactivated effective 08/20/2021)
Exporter: Jiangsu Youhe Tool Manufacturer Co., Ltd.
Note: This company had a case number during the period of review.
Entries may have come in under A-570-900-050, A-570-900-000 or other company specific numbers (Deactivated effective 12/14/2018)
Exporter: Qingyuan Shangtai Diamond Tools Co., Ltd.
Case number: A-570-900-063 Note: This company had a case number during the period of review. Entries may have come in under A-570-900-063, A-570-900-000 or other company specific numbers (Deactivated effective 12/14/2018)
Exporter: Quanzhou Zhongzhi Diamond Tool Co., Ltd.
Note: This company had a case number during the period of review. Entries may have come in under A-570-900-052, A-570-900-000 or other company specific numbers (Deactivated effective 11/09/2020)
Exporter: Rizhao Hein Saw Co., Ltd.
Note: This company had a case number during the period of review. Entries may have come in under A-570-900-053, A-570-900-000 or other company specific numbers (Deactivated effective 11/09/2020)
Exporter: Saint-Gobain Abrasives (Shanghai) Co., Ltd.
Note: This company had a case number during the period of review. Entries may have come in under A-570-900-054, A-570-900-000 or other company specific numbers (Deactivated effective 11/09/2020)
Exporter: Shanghai Jingquan Industrial Trade Co., Ltd.
Note: This company had a case number during the period of review. Entries may have come in under A-570-900-064, A-570-900-000 or other company specific numbers (Deactivated effective 11/09/2020)
Exporter: Sino Tools Co., Ltd.
Note: This company had a case number during the period of review. Entries may have come in under A-570-900-079, A-570-900-000 or other company specific numbers (Deactivated effective 12/14/2018)
Exporter: Weihai Xiangguang Mechanical Industrial Co., Ltd.
Case number: A-570-900-057
Exporter: Wuhan Wanbang Laser Diamond Tools Co., Ltd
Note: This company did not have a case number during the period of review. Entries may have come in under A-570-900-000 or other company specific numbers
Exporter: Xiamen ZL Diamond Technology Co., Ltd.
Note: This company had a case number during the period of review. Entries may have come in under A-570-900-059, A-570-900-000 or other company specific numbers (Company lost separate rate effective 08/20/2021 and company separate rate was reinstated effective 11/30/2021)
Exporter: Zhejiang Wanli Tools Group Co., Ltd.
Case number: A-570-900-060 Note: This company had a case number during the period of review. Entries may have come in under A-570-900-060, A-570-900-000 or other company specific numbers (Company lost separate rate effective 11/30/2021)
3.
These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2.
Accordingly, notice of the lifting of suspension occurred on the message date of these instructions.
Unless instructed otherwise, for all other shipments of diamond sawblades and parts thereof 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.
4.
There are no injunctions applicable to the entries covered by this instruction.
5.
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.
6.
Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement certification in accordance with 19 CFR 351.402(f)(2) and as described under this paragraph:
a.
The importer must certify with CBP prior to liquidation (except as provided below) whether the importer has or has not been reimbursed or entered into any agreement or understanding for the payment or for the refunding to the importer by the manufacturer, producer, seller, or exporter for all or any part of the antidumping and/or countervailing duties, as appropriate.
Such certification should identify the commodity and country and contain the information necessary to link the certification to the relevant entry or entry line number(s).
b.
The certification may be filed either electronically or in paper in accordance with CBP's requirements, as applicable.
c.
If an importer does not provide its certification prior to liquidation, CBP may accept the certification in accordance with its protest procedures under 19 U.S.C. 1514, unless otherwise directed.
d.
Certifications are required for entries of the relevant commodity that have been imported on or after the date of publication of the antidumping notice in the Federal Register that first suspended liquidation in that proceeding.
e. Consistent with 19 CFR 351.402(f)(3), if an importer fails to file the certification, Commerce may presume that the importer was paid or reimbursed the antidumping or countervailing duties.
Therefore, if the importer does not provide the certification prior to liquidation (or as provided above), reimbursement of the duties shall be presumed.
Accordingly, if there is no certification with respect to the antidumping duty, CBP shall increase the antidumping duty by the amount of the antidumping duty.
In addition, if there is no certification with respect to any applicable countervailing duty, CBP shall increase the antidumping duty by the amount of the countervailing duty.
Further, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall increase the antidumping duty by the amount of the antidumping duty.
In addition, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed any applicable countervailing duties, CBP shall increase the antidumping duty by the amount of the countervailing duty.
7.
This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message.
Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended).
If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries.
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 OI:TES.)
9.
There are no restrictions on the release of this information.
Alexander Amdur