• Effective Date: Feb 20, 2023
  • Period of Review: Jun 23, 2017 to Dec 31, 2018
  • Notice of Lifting of Suspension Date: Mar 14, 2024
  • Cite as: 88 FR 77157 • Cite date: Dec 01, 2020
Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 5 below. 1a. On 12/22/2022, the U.S. Court of International Trade issued a final decision in the case of Coal. for Fair Trade in Hardwood Plywood v. United States (court no. 20-03930). The injunction to which message 0366402 dated 12/31/2020 refers, enjoined entries which were exported by multiple companies; the subject of Commerce's final results in Hardwood Plywood Products from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2017-2018, 85 FR 77157 (December 1, 2020); and entered, or withdrawn from warehouse, for consumption, on or after 06/23/2017 through and including 12/31/2018. As a result of the court's decision, the injunction pertaining to certain entries that were exported by Suqian Hopeway International Trade Co., Ltd., and to which message 0366402 refers, dissolved on 02/20/2023. Entries that were exported by other companies identified in message 0366402 remain enjoined. 1b. The partial dissolution of the injunction referenced in message 0366402 is limited in scope and pertains only to the exporter/producer combinations identified in paragraph 2 of this message. Other entries that were exported by Suqian Hopeway International Trade Co., Ltd. remain enjoined during the pendency of the litigation. 1c. Certain entries that are covered paragraph 2 of this message were also enjoined by an injunction referenced in message 8164303, dated 06/13/2018. On 06/19/2019, the U.S. Court of International Trade issued a final decision in the case of American Alliance for Hardwood Plywood v. United States (court no. 18-00013). The injunction to which message 8164303 refers, enjoined entries that were produced and exported by the exporter/producer combinations identified in paragraph 2 of this message, and that were imported by Concannon Lumber And Plywood (Concannon Corp. dba Concannon Lumber Company), were the subject of Commerce's final determination in 82 FR 53460 (Nov. 16, 2017) as amended by 83 FR 504 (Jan. 4, 2018), and were entered or withdrawn from warehouse for consumption, on or after, April 25, 2017, up to and including December 31, 2018 but excluding entries between 12/19/2017 and 12/26/2017. As a result of the court's decision, the injunction to which message 8164303 refers, dissolved on 08/19/2019. 2. For all shipments of hardwood plywood produced and exported only by the exporter/producer combinations listed below, and entered, or withdrawn from warehouse, for consumption during the period 06/23/2017 through 12/31/2018, assess an antidumping liability equal to the percentages listed below of the entered value: Exporter: Suqian Hopeway International Trade Co., Ltd. Producer: Anhui Huijin Wood Co., Ltd. Final rate: 14.95% No case number was in place during this period for this exporter/producer combination. Entries may have come in under AD Case Number A-570-051-000. Exporter: Suqian Hopeway International Trade Co., Ltd. Producer: Linyi Fubo Wood Co., Ltd. Final rate: 14.95% No case number was in place during this period for this exporter/producer combination. Entries may have come in under AD Case Number A-570-051-000. Exporter: Suqian Hopeway International Trade Co., Ltd. Producer: Linyi Lianbang Wood Co., Ltd. Final rate: 14.95% No case number was in place during this period for this exporter/producer combination. Entries may have come in under AD Case Number A-570-051-000. Exporter: Suqian Hopeway International Trade Co., Ltd. Producer: Xuzhou Fuyu Wood Co., Ltd. Final rate: 14.95% No case number was in place during this period for this exporter/producer combination. Entries may have come in under AD Case Number A-570-051-000. Exporter: Suqian Hopeway International Trade Co., Ltd. Producer: Xuzhou Hengan Wood Co., Ltd. Final rate: 14.95% No case number was in place during this period for this exporter/producer combination. Entries may have come in under AD Case Number A-570-051-000. 3. Although the injunction to which message 0366402 refers is specific to the exporter Suqian Hopeway International Trade Co., Ltd., other exporter/producer combinations that include Suqian Hopeway International Trade Co., Ltd. remain enjoined by the injunctions from the following messages: message 1165402 dated 06/14/2021; message 1168402 dated 06/17/2021; message 1168404 dated 06/17/2021; message 1354406 dated 12/20/2021; message 8101302 dated 04/11/2018; message 9051306 dated 02/20/2019; message 9051321 dated 02/20/2019; message 9212303 dated 07/31/2019; and message 9212306 dated 7/31/2019. 4. If a cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 2 that was entered, or withdrawn from warehouse, for consumption during the period 04/25/2017 (date of first suspension of liquidation - normally the date of the LTFV prelim) through 12/19/2017 (the last day provisional measures are in effect), assess antidumping liabilities equal to the amount resulting from application of paragraph 2 or equal to the amount of the cash deposit, whichever is less. 5. 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 hardwood plywood from the People's Republic of China you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates. 6. 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. 7. 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. 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 OV: JF.) 10. There are no restrictions on the release of this information. Alexander Amdur