- Effective Date: Oct 23, 2024
- Period of Review: Dec 13, 2019 to May 31, 2021
- Notice of Lifting of Suspension Date: Oct 25, 2024
- Cite as: 89 FR 84529
Cite date: Oct 23, 2024
Notice of the lifting of suspension occurred on the message date of these instructions.
See paragraph 4 below.
1. On 10/16/2024, the U.S. Court of International Trade issued an order of judgment by stipulation in the case of Arizona Tile, LLC; M S International, Inc.; and PNS Clearance LLC v. United States (court no. 23-00019, consolidated under 23-00007).
As a result of the court's entry of judgment, the following injunctions dissolved on 10/16/2024:
1a:
The injunction to which message 3045404 dated 02/14/2023 refers, enjoined entries which were produced and/or exported by Antique Marbonite Private Limited (and its affiliated cross-owned Shivam Enterprises); Aro Granit Ind-Quartz; Esprit Stones Pvt. Ltd.; Marudhar Rocks International Pvt Ltd; Pacific Industries Limited; Pacific Quartz Surfaces LLP; Paradigm Stone India Pvt Ltd; Quartzkraft LLP and imported by Arizona Tile, LLC that were subject to United States Department of Commerce's final determination in Certain Quartz Surface Products from India: Final Results of Antidumping Duty Administrative Review; 2019-2021, 88 FR 1,188 (Jan. 9, 2023) and that were entered, or withdrawn from warehouse, for consumption, during the period 12/13/2019 through 05/31/2021 excluding entries from 06/10/2020 through 06/18/2020.
1b:
The injunction to which message 4233405 dated 08/20/2024 refers, enjoined entries which were produced and/or exported by ARO Granite Industries Limited and Marudhar Rocks International Pvt. Ltd., and imported by Arizona Tile, LLC that were the subject of the United States Department of Commerce's final determination in Certain Quartz Surface Products from India: Final Results of Antidumping Duty Administrative Review; 2019-2021, 88 FR 1188 (January 9, 2023) that were entered, or withdrawn from warehouse, for consumption, during the period 12/13/2019 through 05/31/2021 (excluding entries from 6/10/2020 through 06/18/2020).
2a.
For all shipments of certain quartz surface products from India produced and/or exported by the following companies and imported by Arizona Tile, LLC, and entered, or withdrawn from warehouse, for consumption during the period 12/13/2019 through 05/31/2021, assess an antidumping liability equal to 1.02 percent of the entered value, unless paragraph 2b or 3 applies:
Producer and/or Exporter:
ARO Granite Industries Limited
Case Number:
A-533-889-006
Producer and/or Exporter:
Esprit Stones Pvt. Ltd.
Case Number:
A-533-889-016
Producer and/or Exporter:
Marudhar Rocks International Pvt. Ltd.
Case Number:
A-533-889-031
Producer and/or Exporter:
Pacific Industries Limited
Case Number:
A-533-889-034
Producer and/or Exporter:
Pacific Quartz Surfaces LLP
Case Number:
A-533-889-035
Producer and/or Exporter:
Paradigm Stone India Pvt Ltd
Case Number:
A-533-889-038
Producer and/or Exporter:
Quartzkraft LLP
Case Number:
A-533-889-040
Entries may have been made under A-533-889-000 or other company-specific case numbers.
2b.
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 12/13/2019 (date of first suspension of liquidation) through 06/09/2020 (the last day provisional measures are in effect), assess antidumping liabilities equal to the amount resulting from application of paragraph 2a or equal to the amount of the cash deposit, whichever is less.
3.
Entries for the period 06/10/2020 through 06/18/2020, should be liquidated via message 0190403, dated 07/08/2020.
4.
These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraphs 2a and 2b.
Accordingly, notice of the lifting of suspension occurred on the message date of these instructions.
Unless instructed otherwise, for all other shipments of certain quartz surface products from India you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
5.
There are no injunctions applicable to the entries covered by this instruction.
Commerce will issue separate liquidation instructions for entries covered by the injunction identified in paragraph 1 and not covered by paragraphs 2a and 2b.
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 OIII:PB.)
10.
There are no restrictions on the release of this information.
Alexander Amdur