• Effective Date: Apr 18, 2020
  • Period Covered: 02/15/2019 to 12/31/2020
  • Notice of Lifting of Suspension Date: Feb 09, 2022
  • Cite as: 84 FR 4434 • Cite date: Feb 15, 2019
Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 3 below. 1a. On 02/18/2020, the U.S. Court of International Trade issued a final decision in the case of United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC v. United States (court no. 17-00078). As a result of the court's decision, the following injunctions dissolved on 04/18/2020: 1b. The injunction to which message 9142301, dated 05/22/2019, refers, enjoined liquidation of entries of truck and bus tires from the People's Republic of China that were exported by Aeolus Tyre Co., Ltd., that were the subject of the United States Department of Commerce's final determination in Truck and Bus Tires from China: Countervailing Duty Order (84 FR 4434; 02/15/2019); that were entered, or withdrawn from warehouse for consumption, on or after 02/15/2019, up to and including 12/31/2019. As a result of the court's decision, the injunction to which message 9142301 refers dissolved on 04/18/2020. 1c. The injunction to which message 9142304, dated 05/22/2019, refers, enjoined liquidation of entries of truck and bus tires from the People's Republic of China that were exported by Guizhou Tyre Import and Export Co., Ltd., that were the subject of the United States Department of Commerce's final determination in Truck and Bus Tires from China: Countervailing Duty Order (84 FR 4434; 02/15/2019); that were entered, or withdrawn from warehouse for consumption, on or after 02/15/2019 up to and including 12/31/2019. As a result of the court's decision, the injunction to which message 9142304 refers dissolved on 04/18/2020. NOTE: Merchandise exported by Guizhou Tyre Import and Export Co., Ltd. during the period 02/15/2019 through 12/31/2021, is still covered by injunctions under court number 19-00032. CBP should continue to suspend liquidation of entries until separate instructions are issued. See paragraph 5 below. 1d. The injunction to which message 9142305, dated 05/22/2019, refers, enjoined liquidation of entries of truck and bus tires from the People's Republic of China that were imported by Tyres International that were the subject of the United States Department of Commerce's final determination in Truck and Bus Tires from China: Countervailing Duty Order (84 FR 4434; 02/15/2019); that were entered, or withdrawn from warehouse for consumption, on or after 02/15/2019, up to and including 12/31/2019. As a result of the court's decision, the injunction to which message 9142305 refers dissolved on 04/18/2020. 1e. The injunction to which message 9360310, dated 12/26/2019 refers, enjoined liquidation of entries which were exported by Aeolus Tyre Co., Ltd., that were the subject of the United States Department of Commerce's final determination in Truck and Bus Tires from the People's Republic of China, 84 FR 4434 (02/15/2019), that were entered, or withdrawn from warehouse, for consumption, during the period 02/15/2019, through 12/31/2020. As a result of the court's decision, the injunction to which message 9360310 refers dissolved on 04/18/2020. 1f. The injunction to which message 9360306, dated 12/26/2019, refers, enjoined liquidation of entries which were exported by Guizhou Tyre Import and Export Co., Ltd., that were the subject of the United States Department of Commerce's final determination in Truck and Bus Tires from the People's Republic of China, 84 FR 4434 (02/15/2019), that were entered, or withdrawn from warehouse, for consumption, during the period 02/15/2019, through 12/31/2020. As a result of the court's decision, the injunction to which message 9360306 refers dissolved on 04/18/2020. NOTE: Merchandise exported by Guizhou Tyre Import and Export Co., Ltd. during the period 02/15/2019 through 12/31/2021, is still covered by injunctions under court number 19-00032. CBP should continue to suspend liquidation of entries until separate instructions are issued. See paragraph 5 below. 1g. The injunction to which message 9360307, dated 12/26/2019, refers, enjoined liquidation of entries which were produced by Qingdao Free Trade Zone Full-World International Trading Co., Ltd. and imported by Tyres International that were the subject of the United States Department of Commerce's final determination in Truck and Bus Tires from the People's Republic of China, 84 FR 4434 (02/15/2019), that were entered, or withdrawn from warehouse, for consumption, during the period 02/15/2019, through 12/31/2020. As a result of the court's decision, the injunction to which message 9360307 refers dissolved on 04/18/2020. 2a. For all shipments of truck and bus tires from the People's Republic of China that were 1) imported by Tyres International, and entered, or withdrawn from warehouse, for consumption during the period 02/15/2019, through 12/31/2019, and 2) produced by Qingdao Free Trade Zone Full-World International Trading Co., Ltd. and imported by Tyres International, and entered, or withdrawn from warehouse, for consumption during the period 02/15/2019, through 12/31/2020, liquidate in accordance with a) message 0121405, dated 04/30/2020, corrected by message 1014404, dated 01/14/2021, and b) message 1132401, dated 05/12/2021. 2b. For all shipments of truck and bus tires from the People's Republic of China that were exported by Aeolus Tyre Co., Ltd., and entered, or withdrawn from warehouse, for consumption during the period 02/15/2019, through 12/31/2021, liquidate in accordance with a) message 0121405, dated 04/30/2020, corrected by message 1014404, dated 01/14/2021, and b) message 1132401, dated 05/12/2021. 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 truck and bus tires from the People's Republic of China you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates. 4a. Separate liquidation instructions will be issued for entries of merchandise entered, or withdrawn from warehouse, for consumption during the period 01/01/2019, through 12/31/2019, and for which suspension is still in effect in accordance with message 0121405, dated 04/30/2020, corrected by message 1014404, dated 01/14/2021. 4b. Separate liquidation instructions will be issued for entries of merchandise entered, or withdrawn from warehouse, for consumption during the period 01/01/2020, through 12/31/2020, and for which suspension is still in effect in accordance with message 1132401, dated 05/12/2021. 4c. Separate liquidation instructions will be issued for entries of merchandise covered by the injunctions in paragraph 5, at the conclusion of that litigation. 5a. The injunction with court number 19-00032 JCG in message number 9142302, dated 05/22/2019, is applicable to the entries exported by Guizhou Tyre Import and Export Co., Ltd., during the period 02/15/2019, through 12/31/2019. 5b. The injunction with court number 19-00032 JCG in message number 9360309, dated 12/26/2020, is applicable to the entries produced and/or exported by Guizhou Tyre Import and Export Co., Ltd., during the period 02/15/2019, through 12/31/2020. 5c. The injunction with court number 19-00032 JCG in message number 2032406, dated 02/01/2022, is applicable to the entries produced and/or exported by Guizhou Tyre Co., Ltd., Guizhou Tyre Import and Export Co., Ltd., during the period 02/15/2019 through 12/31/2021. 6. The assessment of countervailing 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 countervailing duties. The interest provisions are not applicable to cash posted as estimated countervailing duties before the date of publication of the countervailing duty order. Interest shall be calculated from the date payment of estimated countervailing 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. 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:NMD.) 9. There are no restrictions on the release of this information. Alexander Amdur