- Effective Date: Nov 12, 2024
- Period of Review: Jan 01, 2022 to Dec 31, 2022
- Notice of Lifting of Suspension Date: Nov 12, 2024
- Cite as: 89 FR 88962
Cite date: Nov 12, 2024
1. This is a correction to message 4354428, dated 12/19/2024, to correct paragraphs 1, 2a, 2b, and the header of that message. New paragraphs 4b and 6 have been added to this message.
2. Paragraph 1 of message 4354428 has been updated to reflect the issuance of a federal register notice of correction. Paragraph 2a of message 4354428 incorrectly instructed CBP to liquidate entries that may currently be covered by injunction message 3285411.
Paragraph 2a of message 4354428 also contains incorrect information regarding the companies assigned to case number C-570-107-001.
Paragraph 2b of message 4354428 contains incorrect information about companies for which a summons was received and did not identify the court number.
Paragraph 4b was added to address liquidation of certain entries.
Paragraph 6 has been added below to include information about an injunction.
The header of message 4354428 has been updated to include relevant court numbers.
Below is the fully corrected message.
3. Notice of the lifting of suspension of liquidation of entries of merchandise covered by this message occurred with the publication of the final results of administrative review of the countervailing duty order wooden cabinets and vanities and components thereof from the People's Republic of China (subject merchandise) (C-570-107) for the period 01/01/2022 through 12/31/2022 (89 FR 88962, 11/12/2024).
On 01/24/2025, Commerce issued a correction notice in the Federal Register to correctly identify the companies to which the final results of administrative review pertains (90 FR 8120).
4a. Accordingly, for all shipments of subject merchandise from the producers and/or exporters listed below that were entered, or withdrawn from warehouse, for consumption during the period 01/01/2022 through 12/31/2022, assess a countervailing liability at the following percentages of entered value:
Producer and/or exporter: The Ancientree Cabinet Co., Ltd.; Jiangsu Hongjia Wood Co., Ltd.; Jiangsu Yunru Technology Industry Co., Ltd.; Jiangsu Hongjia Wood Co., Ltd. Shanghai Branch
Final Rate:11.99%
Note: Entries of subject merchandise exported by The Ancientree Cabinet Co., are enjoined from liquidation.
See paragraph 5 of this message.
Entries of subject merchandise produced and/or exported by The Ancientree Cabinet Co., Ltd.;
Jiangsu Hongjia Wood Co., Ltd.; Shanghai Hongjia Wood Co., Ltd.; Jiangsu Hongjia Wood Co., Ltd. Shanghai Branch; Jiangsu Yunru Technology Industry Co., Ltd. and imported by Craft33 Products, LLC are enjoined from liquidation. See paragraph 6 of this message.
See also message 3285411, dated 10/12/2023 and message 5035409 dated 2/4/2025.
Entries may have been made under C-570-107-001 or other company-specific case numbers.
Producer and/or Exporter: Nantong Aershin Cabinet Co., Ltd.
Case number: C-570-107-007
Final rate: 10.92%
Producer and/or Exporter: Fujian Dushi Wooden Industry Co., Ltd.
Case number: C-570-107-010
Final rate: 10.92%
Producer and/or Exporter: Jiangsu Sunwell Cabinetry Co. Ltd.; Shanghai Beautystar Cabinetry Co., Ltd.
Case number: C-570-107-011
Final rate: 163.46%
Producer and/or Exporter: KM Cabinetry Co., Ltd.
Case number: C-570-107-012
Final rate: 10.92%
Producer and/or Exporter: Taishan Oversea Trading Company Ltd.
Case number: C-570-107-015
Final rate: 163.46%
Producer and/or Exporter: Weifang Fuxing Wood Co., Ltd.
Case number: C-570-107-016
Final rate: 10.92%
Producer and/or Exporter: Xiamen Adler Cabinetry Co., Ltd.
Case number: C-570-107-017
Final rate: 10.92%
Producer and/or Exporter: Yixing Pengjia Cabinetry Co., Ltd.; Yixing Pengjia Technology Co., Ltd.
Case number: C-570-107-018
Final rate: 0.92%
Producer and/or Exporter: Taizhou Overseas Trading Company Ltd.
Case number: C-570-107-019
Final rate: 163.46%
Producer and/or Exporter: Fuzhou CBM Import & Export Co., Ltd.
Case number: C-570-107-020
Final rate: 10.92%
Producer and/or Exporter: Shouguang Fushi Wood Co., Ltd.
Case number: C-570-107-021
Final rate: 10.92%
4b.
Commerce determined that Shanghai Hongjia Wood Co., Ltd., which was identified under C-570-107-001 during the period of review, did not exist during the period of review.
Any entries of subject merchandise produced and/or exported by Shanghai Hongjia Wood Co., Ltd., entered or withdrawn from warehouse, for consumption during the period 01/01/2022 through 12/31/2022, should be liquidated at the all-other rate in effect on the date of entry or other applicable company-specific case numbers.
Entries may have been made under C-570-107-001 or other company specific case numbers.
Note: Entries produced and/or exported by Shanghai Hongjia Wood Co., Ltd., and imported by Craft33 Products, LLC are enjoined from liquidation.
See paragraph 6 of this message.
4c. A summons with court number 24-00223 was filed in the U.S. Court of International Trade (Court) to contest the final results of the underlying administrative review.
Accordingly, unless instructed otherwise, CBP should not liquidate entries covered by this message that were produced and exported by The Ancientree Cabinet Co., Ltd. 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.
5. The injunction with court number 20-00110 discussed in message number 3285411 dated
10/12/2023 is applicable to the entries which were: (1) exported by The Ancientree Cabinet Co., Ltd.; (2) the subject of the United States Department of Commerce's final determination in Wooden Cabinets and Vanities and Components Thereof from the People's Republic of China: Countervailing Duty Order, 85 FR 22134 (April 21, 2020); (3) entered, or withdrawn from warehouse, for consumption, during the period 08/12/2019 through 12/31/2020, excluding the period between 12/10/2019 and 04/16/2020; entered, or withdrawn from warehouse, for consumption, during the period 01/01/2021 through 12/31/2021 that remain unliquidated as of 10/11/2023; or entered, or withdrawn from warehouse, for consumption, during the period 01/01/2022 through 12/31/2022. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.
6. The injunction with court number 24-00224 discussed in message number 5035409 dated
2/4/2025 is applicable to entries which were: (1) produced and/or exported by The Ancientree Cabinet Co., Ltd.; Jiangsu Hongjia Wood Co., Ltd.; Shanghai Hongjia Wood Co., Ltd.; Jiangsu Hongjia Wood Co., Ltd. Shanghai Branch; Jiangsu Yunru Technology Industry Co., Ltd. and imported by Craft33 Products, LLC; (2) that were the subject of the United States Department of Commerce's final determination in Wooden Cabinets and Vanities and Components Thereof from the PRC:
Final Results of the CVD Administrative Review; 2022, 89 FR 88962 (11/12/2024); and, (3) that were entered, or withdrawn from warehouse, for consumption, during the period 01/01/2022 through 12/31/2022. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.
7. The assessment of countervailing duties by the 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 countervailing duties. The interest provisions are not applicable to cash posted as estimated countervailing duties before the date of publication of the countervailing duty order. Interest shall be calculated from the date of payment of estimated countervailing duties 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.
8. Unless instructed otherwise, for all other shipments of subject merchandise, you shall continue to collect cash deposits of estimated countervailing duties at the current cash deposit rates.
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 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 OI:MR.)
11. There are no restrictions on the release of this information.
Alexander Amdur