- Effective Date: Jul 05, 2024
- Period of Review: Jan 01, 2023 to Dec 31, 2023
- Notice of Lifting of Suspension Date: Jul 05, 2024
- Cite as: 89 FR 55567
Cite date: Jul 05, 2024
1.
This is a correction to message 5013401, dated 1/13/2025, to correct paragraph 4 of that message.
2.
Paragraph 4 of message 5013401 has been modified to reference the correct third-country case number.
Below is the fully corrected message.
3.
Commerce does not automatically conduct administrative reviews of antidumping duty orders.
Instead, reviews must be requested pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended, and in accordance with 19 CFR 351.213.
4.
Commerce has not received a request for an administrative review of the antidumping duty order for the period and on the merchandise identified below except for the firms listed in paragraph 5.
Therefore, in accordance with 19 CFR 351.212(c), you are to liquidate all entries for all firms except those listed in paragraph 5 and assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit or bonding rate in effect on the date of entry.
Product:
Certain Vertical Shaft Engines between 99cc and up to 225cc, and Parts Thereof
Country:
the People's Republic of China
Case number:
C-570-125
Period:
01/01/2023 through 12/31/2023
Third Country:
Mexico
Case Number: C-201-997
Period:
01/01/2023 through 12/31/2023
5.
Entries of merchandise of the firms listed below should not be liquidated until specific instructions are issued.
Continue to suspend liquidation of all entries of merchandise exported by the listed firms entered, or withdrawn from warehouse, for consumption during the period 01/01/2023 through 12/31/2023.
Company:
Chongqing Kohler Engines, Ltd.; Kohler (China) Investment Company
Case number:
C-570-125-001; C-201-997-001
Company:
Chongqing Zongshen General Power Machine Co., Ltd.; Chongqing Zongshen Power Machinery Co., Ltd.; Zong Shen Industrial Group; Chongqing Zongshen Automobile Air Intake System Manufacturing Co., Ltd.; Chongqing Zongshen High Speed Boat Development Co., Ltd.; Chongqing Zong Shen Electrical Appliance Co., Ltd.; Chongqing Dajiang Power Equipment Co., Ltd.
Case number: C-570-125-002
Case number: No case number was in place during the period of review for the companies listed below.
Entries may have been made under C-570-125-000, C-201-997-000 or other company-specific numbers.
Changzhou Kawasaki and Kwang Yang Engine Co., Ltd.
ChongQing AM Pride Power & Machinery Co., Ltd.
Chongqing Chen Hui Electric Machinery Co., Ltd.
Chongqing Dinking Power Machinery Co., Ltd.
Chongqing Ducar Power Equipment Co., Ltd.
Chongqing Hwasdan Power Technology Co., Ltd.
Chongqing Kohler Motors Co., Ltd.
Chongqing Rato Technology Co., Ltd.
Chongqing Senci Import & Export Trade Co., Ltd.
Chongqing Shineray Agricultural Machinery Co., Ltd.
Fujian Everstrong Lega Power Equipments Co., Ltd.
Kawasaki Heavy Industries, Ltd.
Lifan Technology (Group) Co., Ltd.
Loncin Motor Co., Ltd.
Qianjiang Group Wenling Jennfeng Industry Inc.
Taizhou Sabo Electronics Co., Ltd.
Wenling Qianjiang Imp. & Exp. Co., Ltd.
Zhejiang Amerisun Technology Co., Ltd.
Zhejiang Dobest Power Tools Co., Ltd.
CBP officers must also examine entries under C-570-125-000, C-201-997-000 and all existing company-specific case numbers to ensure the continued suspension of liquidation of entries during the applicable period of review for the exporters listed above.
6.
The injunction with court number 23-00011 in message number 3089411, dated 3/30/2023, is
applicable to the entries of Certain Vertical Shaft Engines Between 99cc and up to 225cc and Parts Thereof (Modified Vertical Shaft Engines) from the People's Republic of China that were (1) exported by Zhejiang Amerisun Technology Co., Ltd.; (2) subject to the United States Department of Commerce's final determination in Scope Ruling on Modified Vertical Shaft Engines issued December 22, 2022 and published in the Notice of Scope Rulings, 88 Fed. Reg. 7402 (February 3, 2023); and (3) entered, or withdrawn from warehouse, for consumption, during the period 08/26/2022 through the issuance of superseding instructions, or until the first and final conclusive resolution of this litigation.
Accordingly, until further notice continue to suspend liquidation of these entries until liquidation instructions are issued.
7.
Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 4 occurred with the publication of the notice of initiation of administrative review for the 05/2024 anniversary month (89 FR 55567, 07/05/2024).
Unless instructed otherwise, for all other shipments of certain vertical shaft engines between 99cc and up to 225cc, and parts thereof 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.
8.
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.
9.
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.
10.
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 OIX:AMS.)
11.
There are no restrictions on the release of this information.
Alexander Amdur