AD/CVD message 4176302 - Liquidation instructions for wooden bedroom furniture from the PRC exported by Marvin Furniture (Shanghai) Co., Ltd. for the period 01/01/2011 through 12/31/2011 (A-570-890)

4176302
Jun 25, 2014
Active

Effective Date: Jun 23, 2014

Period of Review: Jan 01, 2011 to Dec 31, 2011

Notice of Lifting of Suspension Date: Jun 25, 2014

Category: Antidumping • Type: Liquidation Instructions • Sub type: CTDIS-Court ORD Dissolved • Reference messages: 3197301 • Cases: A-570-890 • Court Case: 13-00250

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 5 below.

1. On 06/17/2014, the U.S. Court of International Trade granted a motion to dismiss with prejudice in the case of Marvin Furniture (Shanghai) Co. Ltd. v. United States (13-00250). As a result of this decision, the injunction to which message 3197301 (07/16/2013) refers enjoining liquidation of entries which are subject to the antidumping duty order on wooden bedroom furniture from the PRC for the period 01/01/2011 through 12/31/2011 exported by Marvin Furniture (Shanghai) Co., Ltd. dissolved on 06/17/2014.

2. For all shipments of wooden bedroom furniture from the PRC exported by Marvin Furniture (Shanghai) Co., Ltd. (A-570-890-000 or A-570-890-206), entered, or withdrawn from warehouse, for consumption during the period 01/01/2011 through 12/31/2011, assess an antidumping liability equal to the percentages listed below of the entered value:

Exporter: Marvin Furniture (Shanghai) Co., Ltd.
Final rate: 216.01%

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 wooden bedroom furniture from the PRC you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

4. The injunction with court numbers 13-00233 discussed in message number 3183301, dated 07/01/2013, is applicable to the entries exported by Shanghai Maoji Imp. And Exp. Corp. Ltd. and imported by Mark David, a Division of Baker, Knapp & Tubbs, Inc. during the period 01/01/2011 through 12/31/2011. Additionally, the injunction with court numbers 13-00251 discussed in message number 3199302, dated 07/01/2013, is applicable to the entries exported by Shanghai Maoji Import and Export Corporation Limited and imported by MGM Resorts International Design, Bryan Ashley International Inc., or Metropolis Manufacturing Inc. (doing business as Vaughan Benz) during the period 01/01/2011 through 12/31/2011. Accordingly, continue to suspend liquidation of such entries until 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 or bonds 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 duties, CBP shall double the antidumping 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. 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 OIV:PO.)

8. There are no restrictions on the release of this information.