- Effective Date: Nov 04, 2021
- Period Covered: 11/04/2021 to 11/30/2022
- Notice of Lifting of Suspension Date: Jun 24, 2024
1.
Notice of lifting of suspension of entries covered by paragraph 3a below occurred with this message and on the message date of these instructions.
Unless instructed otherwise, for shipments of merchandise covered by the scope of the order you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
2.
In message 4170403, dated 06/18/2024, Commerce notified CBP of the affirmative final scope ruling on certain cased pencils (i.e., #2 pencils, drawing pencils, and colored pencils), manufactured in the Philippines with inputs imported from China (products covered by the ruling) for the antidumping duty order on pencils from China (A-570-827).
3a. For unliquidated entries of products covered by the ruling that were entered, or withdrawn from warehouse, for consumption, on or after 11/04/2021 through 11/30/2022, CBP should liquidate such entries in accordance with appropriate previously issued liquidation instructions for the applicable period of review.
For unliquidated entries of products covered by the ruling that were already subject to the suspension of liquidation prior to 11/04/2021, as discussed in message 3353401 (dated 12/19/2023), CBP should liquidate such entries in accordance with the appropriate previously-issued liquidation instructions for the applicable periods of review.
3b. A summons was filed in the U.S. Court of International Trade (Court) to contest the final ruling of the underlying scope inquiry. Accordingly, unless instructed otherwise, CBP should not liquidate entries covered by paragraph 3a that were imported by School Specialty, LLC until 95 days after the notice of lifting of suspension identified in this message, to ensure the entries are not liquidated prior to the expiration of the time parties have to file a request for a statutory injunction. Instructions will be issued if the Court issues a statutory injunction.
4.
There are no injunctions applicable to the entries covered by this instruction.
5.
This instruction to liquidate entries of subject merchandise 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 proceeding under section 517 of the Tariff Act of 1930, as amended).
If entries of subject merchandise covered by paragraph 3 of this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP 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.
6.
If there are any questions by the 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 officials should submit their inquiries through authorized CBP channels only.
(This message was generated by OIX:MS.)
7.
There are no restrictions on the release of this information.
Alexander Amdur