- Effective Date: Jan 24, 2023
- Period of Review: Oct 01, 2019 to Sep 30, 2020
- Notice of Lifting of Suspension Date: Mar 14, 2023
- Cite as: 87 FR 27568
Cite date: May 09, 2022
Notice of the lifting of suspension occurred on the message date of these instructions.
See paragraph 3 below.
1. On 01/24/2023, the U.S. Court of International Trade issued a final decision in the case of Coalition of American Flange Producers v. United States (court no. 22-00168).
The injunction to which message 2172401 dated 06/21/2022 refers, enjoined entries of merchandise which was (1) produced and/or exported by Chandan Steel Limited, Kisaan Die Tech Private Limited, Ae Engineers & Exporters, Balkrishna Steel Forge Pvt. Ltd., BFN Forgings Private Limited (former name Bebitz Flanges Works Private Limited), Broadway Overseas Ltd., Dongguan Good Luck Furniture Industrial Co., Ltd., DSV Air and Sea Pvt. Ltd., DSV Logistics, G.I. Auto Pvt. Ltd., Jai Auto Pvt. Ltd., Jay Jagdamba Forgings Private Limited, Jay Jagdamba Limited, Jay Jagdamba Profile Private Limited, Katariya Steel Distributors, Lotus CNC Components, Motor Aids, Shree Jay Jagdamba Flanges Private Limited, Transworld Enterprises, Transworld Group, and Viraj Profiles Ltd.; (2) the subject of the United States Department of Commerce's final determination in Stainless Steel Flanges from India:
Final Results of Antidumping Duty Administrative Review; 2019-2020, 87 FR 27568 (May 9, 2022); (3) entered, or withdrawn from warehouse, for consumption, during the period October 1, 2019 through September 30, 2020.
As a result of the court's decision, the injunction to which message 2172401 refers, dissolved on 01/24/2023.
2.
For all shipments of stainless steel flanges from India produced and/or exported by the firms listed below, and entered, or withdrawn from warehouse, for consumption during the period 10/01/2019 through 09/30/2020, assess an antidumping liability of the percent of the entered value identified below:
Producer and/or Exporter:
BFN Forgings Private Limited; Bebitz Flanges Works Private Limited; Viraj Impoexpo, Ltd.; Bebitz USA, Inc. (Bebitz USA); Flanschen werk Bebitz GmbH (FBG); Viraj Alloys, Ltd.; Viraj Forgings, Ltd.; Viraj Profiles Limited (Viraj); and Viraj USA, Inc. (Viraj USA)
Case number: A-533-877-003
Final Rate: 3.40%
(NOTE: "BFN Forgings Private Limited" was found to be the successor-in-interest to Bebitz Flanges Works Private Limited (See 86 FR 60792, unchanged in 87 FR 27568). Commerce has previously found this company to be part of a single entity comprised of the above-referenced companies, which are subject to the same case number (see 83 FR 40745). Additionally, as part of its collapsing analysis in the investigation, Commerce determined that references to Viraj Profiles Limited, Viraj Alloys, Ltd., Viraj Forgings, Ltd., and Viraj Impoexpo, Ltd. all reference the same entity. Finally, "Viraj Profiles Limited" was, inadvertently, listed separately in our final results of review. See 87 FR 27568, 27569)
Producer and/or Exporter: Balkrishna Steel Forge Pvt. Ltd
Case number: A-533-877-007
Final Rate: 3.40%
Producer and/or Exporter: Jai Auto Pvt. Ltd.
Case number: A-533-877-019
Final Rate: 3.40%
Producer and/or Exporter: Jay Jagdamba Forgings Private Limited
Case number: A-533-877-020
Final Rate: 3.40%
Producer and/or Exporter: Jay Jagdamba Limited
Case number: A-533-877-021
Final Rate: 3.40%
Producer and/or Exporter: Jay Jagdamba Profile Private Limited
Case number: A-533-877-022
Final Rate: 3.40%
Producer and/or Exporter: Shree Jay Jagdamba Flanges Private Limited
Case number: A-533-877-038
Final Rate: 3.40%
Producer and/or Exporter: Ae Engineers & Exporters
Case number: A-533-877-046
Final Rate: 3.40%
Producer and/or Exporter: Broadway Overseas Ltd
Case number: A-533-877-047
Final Rate: 3.40%
Producer and/or Exporter: Dongguan Good Luck Furniture Industrial Co., Ltd.
Case number: A-533-877-048
Final Rate: 3.40%
Producer and/or Exporter: DSV Air and Sea Pvt. Ltd
Case number: A-533-877-049
Final Rate: 3.40%
Producer and/or Exporter: DSV Logistics
Case number: A-533-877-050
Final Rate: 3.40%
Producer and/or Exporter: G.I. Auto Pvt. Ltd.
Case number: A-533-877-051
Final Rate: 3.40%
Producer and/or Exporter: Katariya Steel Distributors
Case number: A-533-877-052
Final Rate: 3.40%
Producer and/or Exporter: Lotus CNC Components
Case number: A-533-877-053
Final Rate: 3.40%
Producer and/or Exporter: Motor Aids
Case number: A-533-877-054
Final Rate: 3.40%
Producer and/or Exporter: Transworld Enterprises
Case number: A-533-877-055
Final Rate: 3.40%
Producer and/or Exporter: Transworld Group
Case number: A-533-877-056
Final Rate: 3.40%
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 stainless steel flanges from India you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
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 certification in accordance with 19 CFR 351.402(f)(2) and as described under this paragraph:
a.
The importer must certify with CBP prior to liquidation (except as provided below) whether the importer has or has not been reimbursed or entered into any agreement or understanding for the payment or for the refunding to the importer by the manufacturer, producer, seller, or exporter for all or any part of the antidumping and/or countervailing duties, as appropriate.
Such certification should identify the commodity and country and contain the information necessary to link the certification to the relevant entry or entry line number(s).
b.
The certification may be filed either electronically or in paper in accordance with CBP's requirements, as applicable.
c.
If an importer does not provide its certification prior to liquidation, CBP may accept the certification in accordance with its protest procedures under 19 U.S.C. 1514, unless otherwise directed.
d.
Certifications are required for entries of the relevant commodity that have been imported on or after the date of publication of the antidumping notice in the Federal Register that first suspended liquidation in that proceeding.
e. Consistent with 19 CFR 351.402(f)(3), if an importer fails to file the certification, Commerce may presume that the importer was paid or reimbursed the antidumping or countervailing duties.
Therefore, if the importer does not provide the certification prior to liquidation (or as provided above), reimbursement of the duties shall be presumed.
Accordingly, if there is no certification with respect to the antidumping duty, CBP shall increase the antidumping duty by the amount of the antidumping duty.
In addition, if there is no certification with respect to any applicable countervailing duty, CBP shall increase the antidumping duty by the amount of the countervailing duty.
Further, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall increase the antidumping duty by the amount of the antidumping duty.
In addition, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed any applicable countervailing duties, CBP shall increase the antidumping duty by the amount of the countervailing duty.
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 OV:CM.)
9.
There are no restrictions on the release of this information.
Alexander Amdur