• Effective Date: Dec 03, 2024
  • Notice of Lifting of Suspension Date: Feb 07, 2025
  • Cite as: 88 FR 7402 • Cite date: Feb 03, 2023
Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 5 below. 1. On 10/02/2024, the U.S. Court of International Trade issued a final decision in the case of Zhejiang Amerisun Tech. Co., Ltd. v. United States (court no. 23-00011). The injunction to which message 3089411 dated 03/30/2023 refers, enjoined 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 Reg. 7402 (February 3, 2023); and (3) entered, or withdrawn from warehouse, for consumption, during the period 08/26/2022 through the issuance of superseding instructions, or until the first and final conclusive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. As a result of the court's decision, the injunction to which message 3089411 refers, dissolved on 12/03/2024. 2. For all unliquidated entries of modified vertical shaft engines from the People's Republic of China exported by Zhejiang Amerisun Technology Co., Ltd that were entered, or withdrawn from warehouse, for consumption, on or after 08/26/2022, CBP should terminate suspension of liquidation and liquidate such entries without regard to antidumping/countervailing duties (i.e., refund all cash deposits). 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 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. 4. 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. 5. 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. 6. 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:AM.) 7. There are no restrictions on the release of this information. Alexander Amdur