Notice of the lifting of suspension occurred on the message date of these instructions.
See paragraph 5 below.
Commerce received a scope ruling request from Clam Corporation.
Commerce issued a final scope determination on 10/28/2015 that Clam Corporation's Spreader Poles, which Clam Corporation imports, are not within the scope of the countervailing duty order on aluminum extrusions from the People's Republic of China (C-570-968).
Commerce determined that Clam Corporation's Spreader Poles are outside the scope of the order because they meet the criteria of the finished merchandise exclusion.
The Spreader Poles excluded from the scope pursuant to this scope ruling are aluminum spreader poles which may be used to support and stabilize the frames of various ice fishing shelters.
Some of the spreader poles are adjustable in length (20.75” to 67” depending on the particular spreader pole) and other spreader poles are of a fixed length.
The fixed spreader poles have an outside diameter of approximately .875”.
The adjustable spreader poles have an outside diameter of approximately .975” on the outer pole and .75” on the inner pole that slides inside of the wider pole.
As finished merchandise, the Spreader Poles described above may be imported as parts that are fully and permanently assembled and completed at the time of entry and comprised of both extruded aluminum and non-extruded aluminum components (i.e., plastic snap-on C connector(s), plastic stud(s), plastic collar, and plastic and metal tightening screw), which go beyond mere fasteners.
For all entries of Clam Corporation's Spreader Poles not within scope that remain unliquidated on or after 09/07/2010, CBP shall terminate suspension and liquidate entries of product not within scope which were entered, or withdrawn from warehouse, for consumption.
Refund any cash deposits and release any bonds relating to Clam Corporation's Spreader Poles described above.
These instructions constitute notice of the lifting of suspension of liquidation of entries of Clam Corporation's Spreader Poles entered, or withdrawn from warehouse, for consumption on or after 09/07/2010.
The assessment of countervailing 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 countervailing duties.
The interest provisions are not applicable to cash or bonds posted as estimated countervailing duties before the date of publication of the countervailing duty order.
Interest shall be calculated from the date payment of estimated countervailing 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.
Unless instructed otherwise, for all other shipments of aluminum extrusions from the People's Republic of China not covered by paragraph 2 above, you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates.
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 OVI:BCD.)
There are no restrictions on the release of this information.
Sherri L. Hoffman