• Effective Date: Sep 18, 2022
  • Period Covered: 09/10/2018 to 10/29/2020
  • Cite as: 87 FR 57456 • Cite date: Sep 20, 2022
1. On 9/8/2022, the U.S. Court of International Trade (CIT) sustained the Final Redetermination issued by Commerce pursuant to Vandewater International, Inc. v. United States, Court No. 18-00199. As a result, Commerce published in the Federal Register (87 FR 57456) on 09/20/2022, with an effective date of 9/18/2022, the Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision. 2. As a result of the CIT's final decision, Commerce has modified its determination with respect to the suspension of liquidation for entries of steel branch outlets imported by Vandewater International Inc. that entered, or were withdrawn from warehouse, for consumption during the period 9/10/2018 through 10/29/2020. 3. CBP is directed to suspend or continue to suspend liquidation of such entries described in paragraph 2 at a zero percent cash deposit rate during the pendency of the appeals process until specific liquidation instructions are issued. Entries of steel branch outlets imported by Vandewater International Inc. that entered, or were withdrawn from warehouse, for consumption on or after 10/30/2020 should continue to be suspended at the cash deposit rate in effect at the time of entry. 4. Title 19 U.S.C. 1520(a)(4) authorizes refunds prior to liquidation whenever an importer of record declares or it is ascertained that excess duties, fees, charges, or exactions have been deposited or paid. In accordance with 19 U.S.C. 1520(a)(4), CBP is authorized to grant a refund, if requested by the importer, of cash deposits for entries described in paragraph 2. 5. The injunction with court number 18-00199, discussed in message 2234402, dated 08/22/2022, with respect to entries described in paragraph 2 remains in effect. 6. 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:RG.) 7. There are no restrictions on the release of this information. Alexander Amdur