AD/CVD message 7300302 - Liquidation instructions for certain oil country tubular goods from Turkey produced and/or exported by Toscelik Profil ve Sac Endustrisi A.S. (C-489-817)

7300302
Oct 27, 2017
Active

Effective Date: Jul 18, 2014

Notice of Lifting of Suspension Date: Oct 05, 2017

Cite as: 82 FR 46483 • Cite date: Oct 05, 2017

Category: Countervailing • Type: Liquidation Instructions • Sub type: CTDIS-Court ORD Dissolved • Reference messages: 6076302 • Cases: C-489-817 • Court Case: 2016-1649, 1656, 168

1. On 05/30/2017, the U.S. Court of Appeals for the Federal Circuit issued a final decision in the case of Maverick Tube Corp. v. United States (court nos. 2016-1649, 1656, 1689). On 10/05/2017, Commerce issued an amended countervailing duty order (82 FR 46483).

2. As a result of litigation, Commerce excluded merchandise produced and exported by the producer/exporter listed below from the countervailing duty order on certain oil country tubular goods from the Republic of Turkey (Turkey), effective 07/18/2014.

Producer and/or Exporter: Tosçelik Profil ve Sac Endustrisi A.S. and four cross-owned companies Tosyali Dis Ticaret A.S., Tosyali Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Holding A.S., and Tosyali Demir Celik San. A.S. (collectively, Tosçelik)
Case number: C-489-817-002
Note to CBP: This exclusion does not apply to merchandise produced by Tosçelik and exported to the United States by any other exporter, or exported to the United States by Tosçelik and produced by any other company.

3. Accordingly, effective 10/05/2017 (the date of publication of the amended countervailing duty order) CBP should discontinue the suspension of liquidation of merchandise produced and exported by Tosçelik (C-489-817-002).

4. Additionally, CBP should liquidate without regard to countervailing duties (refund all cash deposits and release all bonds) all unliquidated entries of certain oil country tubular goods from Turkey produced and exported by Tosçelik (C-489-817-002), and entered, or withdrawn from warehouse, for consumption on or after 07/18/2014. Entries may have entered under C-489-817-000.

5. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 4 occurred on 10/05/2017 (the date of publication of the amended countervailing duty order, 82 FR 46483).

6. There are no injunctions applicable to the entries covered by this instruction.

7. 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 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. 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 OI:AP.)

9. There are no restrictions on the release of this information.

Alexander Amdur