- Effective Date: Nov 27, 2022
- Period Covered: 11/27/2022 to 01/12/2023
- Cite as: 87 FR 80162
Cite date: Dec 29, 2022
1. On 12/29/2022, the U.S. Court of International Trade (CIT) ordered Commerce to instruct CBP to continue suspension of liquidation, and require a cash deposit rate of zero percent on entries of stilbenic optical brightening agents from the People's Republic of China and Taiwan that are or were entered, or withdrawn from warehouse, for consumption on or after 11/27/2022, pursuant to Stilbenic Optical Brightening Agents from the People's Republic of China and Taiwan:
Final Results of Sunset Review and Revocation of Order, 87 Fed. Reg. 80,162-63 (Dep't Commerce Dec. 29, 2022).
See 3010408, dated 01/10/2023.
Commerce issued cash deposit instructions to CBP under message 3012403 dated 01/12/2023.
2. 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entries of stilbenic optical brightening agents from the People's Republic of China or Taiwan which were entered, or withdrawn from warehouse, for consumption on or after 11/27/2022 through 01/12/2023.
3. The refund amount will be equal to the amount of cash deposits paid, as the revised deposit rate for entries of merchandise referenced in paragraph 2 above is 0.00 percent.
4. Do not liquidate entries of merchandise referenced in paragraph 1 above until specific liquidation instructions are issued.
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. 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:MJK.)
7. There are no restrictions on release of this information.
Alexander Amdur