• Effective Date: Sep 13, 2022
  • Notice of Lifting of Suspension Date: Sep 15, 2022
  • Cite as: 86 FR 43187 • Cite date: Aug 06, 2021
Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 6 below. 1. On 07/21/2021, the U.S. Court of International Trade (CIT) issued a final decision in the case of Shelter Forest International Acquisition Inc., et al. v. United States (consol. court no. 19-00212, which included court no. 19-00216). On 06/15/2022, the U.S. Court of Appeals for the Federal Circuit sustained the CIT's decision (court no. 2021-2281). As a result of this decision, the injunctions to which messages 0059404, 0059405, 0073406 refer enjoining liquidation of certain hardwood plywood products (hardwood plywood) with face and back veneers of radiata and/or agathis pine that: (1) have a Toxic Substances Control Act (TSCA) or California Air Resources Board (CARB) label certifying that it is compliant with TSCA/CARB requirements; and (2) are made with a resin, the majority of which is comprised of one or more of the following three product types - urea formaldehyde, polyvinyl acetate, and/or soy from the People's Republic of China (China) dissolved on 06/15/2022. 2. As a result of the litigation, Commerce determined that hardwood plywood with face and back veneers of radiata and/or agathis pine that: (1) have a Toxic Substances Control Act (TSCA) or California Air Resources Board (CARB) label certifying that it is compliant with TSCA/CARB requirements; and (2) are made with a resin, the majority of which is comprised of one or more of the following three product types - urea formaldehyde, polyvinyl acetate, and/or soy does not constitute later-developed merchandise because it was commercially available prior to the initiation of the investigations. Therefore, hardwood plywood that meets the above criteria is not within the scope of the countervailing duty order on hardwood plywood from China. Thus, the instructions in message 9340312 (dated 12/06/2019) no longer apply. 3. Importers and exporters of softwood plywood products from China are no longer required to certify their products with respect to the determination referenced in message 9340312. 4. For all unliquidated entries of hardwood plywood with face and back veneers of radiata and/or agathis pine that: (1) have a Toxic Substances Control Act (TSCA) or California Air Resources Board (CARB) label certifying that it is compliant with TSCA/CARB requirements; and (2) are made with a resin, the majority of which is comprised of one or more of the following three product types - urea formaldehyde, polyvinyl acetate, and/or soy, that remain unliquidated on or after 09/18/2018, CBP shall terminate suspension and liquidate the entries without regard to countervailing duties. 5. Refund any cash deposits and release any bonds relating to the merchandise described above. 6. These instructions constitute notice of the lifting of suspension of liquidation of entries covered by paragraph 4. 7. 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 or bonds 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. 8. Unless instructed otherwise, for all other shipments certain hardwood plywood products covered by the scope of the Order, you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates. 9. 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: RJ.) 10. There are no restrictions on the release of this information. Alexander Amdur