- Effective Date: Nov 06, 2024
- Period of Review: Jul 01, 2018 to Jun 30, 2019
- Notice of Lifting of Suspension Date: Jan 03, 2025
- Cite as: 85 FR 76014
Cite date: Nov 27, 2020
Notice of the lifting of suspension occurred on the message date of these instructions.
See paragraph 3 below.
1.
On 08/07/2024, the U.S. Court of Appeals for the Federal Circuit issued a final decision in the case of PrimeSource Building Products, Inc., Cheng Ch International Co., Ltd., China Staple Enterprise Corp., De Fasteners Inc., Hoyi Plus Co., Ltd., Liang Chyuan Industrial Co., Ltd., Trim International Inc., UJL Industries Co., Ltd., Yu Chi Hardware Co., Ltd., Zon Mon Co., Ltd. v. United States. (court no. 22-2128). The injunction to which message 1057403 dated 02/26/2021 refers, enjoined unliquidated entries of certain steel nails from Taiwan that were produced and/or exported by Cheng Ch International Co. Ltd., China Staple Enterprise Corporation, De Fasteners Inc., Hoyi Plus Co., Ltd., Liang Chyuan Industrial Co., Ltd., Trim International Inc., UJL Industries Co., Ltd., Yu Chi Hardware Co., Ltd., and Zon Mon Co., Ltd., that were the subject of the U.S. Department of Commerce's final determination in Certain Steel Nails from Taiwan:
Final Results of Antidumping Duty Administrative Review and Determination of No Shipments; 2018-2019, 85 Fed. Reg. 76014 (Dep't Commerce Nov. 27, 2020), that were entered, or withdrawn from warehouse for consumption, during the period 07/01/2018 through 06/30/2019.
As a result of the court's decision, the injunction to which message 1057403 refers, dissolved on 11/06/2024.
However, liquidation is only for entries that were produced and/or exported by Cheng Ch International Co, Ltd., China Staple Enterprise Corporation, De Fasteners Inc., Hoyi Plus Co., Trim International Inc., UJL Industries Co., Ltd., and Yu Chi Hardware Co., Ltd.
Entries that were produced and/or exported by Liang Chyuan Industrial Co., Ltd. and Zon Mon Co., Ltd. remain enjoined by another injunction.
2.
For all shipments of certain steel nails from Taiwan produced and/or exported by the companies listed below, and entered, or withdrawn from warehouse, for consumption during the period 07/01/2018 through 06/30/2019, assess an antidumping liability equal to the percentages listed below of the entered value:
No case number was in place during the period of review for the companies listed below. Entries may have been made under A-583-854-000 or other company-specific numbers.
Producer and/or Exporter: Cheng Ch International Co., Ltd.
Case Number: A-583-854-013
Final rate: 78.17%
Producer and/or Exporter: China Staple Enterprise Corporation
Case Number: A-583-854-015
Final rate: 78.17%
Producer and/or Exporter: De Fasteners Inc.
Case Number: A-583-854-020
Final rate: 78.17%
Producer and/or Exporter: Hoyi Plus Co., Ltd.
Case Number: A-583-854-033
Final rate: 78.17%
Producer and/or Exporter: Trim International Inc.
Case Number: A-583-854-068
Final rate: 78.17%
Producer and/or Exporter: UJL Industries Co., Ltd.
Case Number: A-583-854-070
Final rate: 78.17%
Producer and/or Exporter: Yu Chi Hardware Co., Ltd.
Case Number: A-583-854-076
Final rate: 78.17%
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 certain steel nails from Taiwan you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
4.
The injunction with court number 15-00213 discussed in message number 0065403, dated 03/05/2020, is applicable to the entries that (1) are subject to antidumping duty order on certain steel nails from Taiwan published as Certain Steel Nails From the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam, 80 Fed. Reg. 39,994 (Dep't Commerce July 13, 2015); (2) were produced and/or exported by PT Enterprise Inc., Pro-Team Coil Nail Enterprise Inc., Unicatch Industrial Co., Ltd., WTA International Co., Ltd., Zon Mon Co., Ltd., Hor Liang Industrial Corp., President Industrial Inc., and Liang Chyuan Industrial Co., Ltd.; (3) were entered, or withdrawn from warehouse, for consumption into the United States on or after May 20, 2015; and (4) remain unliquidated the day upon which the Order is granted, 02/07/2020.
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 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 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.
7.
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.
8.
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 OVIII:FEM.)
9.
There are no restrictions on the release of this information.
Alexander Amdur