• Effective Date: Jun 01, 2023
  • Notice of Lifting of Suspension Date: Jul 21, 2023
Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 5 below. 1. On 03/02/2023, the U.S. Court of Appeals for the Federal Circuit issued a final decision in the case of China Custom Manufacturing Inc., Greentec Engineering LLC v. United States (court no. 2022-1345). The injunction to which message 0247405 dated 09/03/2020 refers, enjoined entries which are aluminum extrusion solar panel mounting system components from China that were produced and exported by Jiaxing Pacific Solar Tech Inc., that were subject of the United States Department of Commerce's final determination in the Final Scope Ruling on CCM Solar Panel Mounts, dated 05/14/2020, and that were entered, or withdrawn from warehouse, for consumption, on or after 05/14/2020. As a result of the court's decision, the injunction to which message 0247405 refers, dissolved on 06/01/2023. 2. In message 0176425, dated 06/24/2020, corrected in message 1229406, dated 08/17/2021, Commerce notified CBP of the affirmative final scope ruling on the aluminum extrusion solar mounting system components of the ROCK-IT 3.0 solar roof mountings, which are imported by CCM, for the countervailing duty order on aluminum extrusions from China (C-570-968). 3. For unliquidated entries of aluminum extrusion solar mounting system components of the ROCK-IT 3.0 solar roof mountings, which are imported by CCM, CBP should liquidate such entries in accordance with the appropriate previously issued instructions for the applicable period of review. 4a. The injunction with court number 19-0012, discussed in message number 9116304, dated 04/26/2019, enjoins liquidation of entries (1) made by Worldwide Door Components, Inc. as the importer; (2) of the eighteen (18) Worldwide Door Components, Inc. door threshold products covered by the Department of Commerce's final scope determination in Antidumping and Countervailing Duty Orders on Aluminum Extrusions from the Peoples Republic of China: Final Scope Rulings on Worldwide Door Components, Inc., MJB Wood Group, Inc., and Columbia Aluminum Products Door Thresholds, dated December 19, 2018 for the period 04/22/2019 until further liquidation instructions are issued. Accordingly, until further notice, continue to suspend liquidation of these entries until liquidation instructions are issued. 4b. The injunction with court number 22-00079, discussed in message number 2112405, dated 04/22/2022, is applicable to entries of aluminum extrusions from the People's Republic of China that were produced and/or exported by Kingtom Aluminio SRL that were the subject of Commerce's final determination in Aluminum Extrusions from the People's Republic of China: Final Results of Countervailing Duty Administrative Review and Rescission of Review, in Part 2019, 87 FR 7423 (03/09/222), that were entered, or withdrawn from warehouse, for consumption,during the period 01/01/2019 through 12/31/2019. Accordingly, until further notice, continue to suspend liquidation of these entries until liquidation instructions are issued. 4c. Commerce is currently conducting a scope inquiry on whether heat sink manifolds are covered by the scope of the antidumping and countervailing duty orders on aluminum extrusions from China. In message 2364406, dated 12/30/2022, Commerce instructed CBP to continue to suspend entries of merchandise covered by the inquiry that are already subject to suspension of liquidation under the antidumping and countervailing duty orders. Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued. 5. These instructions constitute notice of lifting of suspension of liquidation on entries covered by paragraph 3 of this message. Accordingly, notice of lifting of suspension occurred on the message date of these instructions. Unless instructed otherwise, for shipments of aluminum extrusions from China, continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates. 6. There are no injunctions applicable to the entries covered by this instruction (i.e., the entries described in paragraph 3). 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 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. 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. 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 OVI: FS.) 10. There are no restrictions on the release of this information. Alexander Amdur