• Effective Date: Nov 25, 2022
  • Period of Review: Aug 27, 2018 to Apr 30, 2020
  • Notice of Lifting of Suspension Date: Nov 29, 2022
  • Cite as: 85 FR 35262 • Cite date: Jun 09, 2020
Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 3 below. 1. On 08/26/2022, the U.S. Court of Appeals for the Federal Circuit sustained Commerce's second remand redetermination pursuant to Borusan Mannesmann Boru Sanayi Ve Ticaret A.S., v. United States, (CAFC 22-1502). As a result of the Court's decision, the injunctions to which messages 9127302 and 9179305 refer, dissolved on 11/25/2022. 2. Accordingly, CBP is directed to terminate the suspension of liquidation on all unliquidated entries of large diameter welded pipe from the Republic of Turkey produced and exported by Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (A-489-833-001) entered, or withdrawn from warehouse, for consumption on or after 08/27/2018. All unliquidated entries of subject merchandise produced and exported by Borusan Mannesmann Boru Sanayi ve Ticaret A.S. that were suspended on or after 08/27/2018 should be liquidated without regard to antidumping duties (i.e., refund all cash deposits). See message 0171402, dated 06/19/2020. 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. 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 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 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 duties 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. 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 OII: AKM.) 9. There are no restrictions on release of this information. Alexander Amdur