• Effective Date: Oct 11, 2018
  • Period of Review: Nov 01, 2014 to Oct 31, 2015
  • Notice of Lifting of Suspension Date: Oct 30, 2018
  • Cite as: 82 FR 27039 • Cite date: Jun 13, 2017

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 4 below.

1. On 10/12/2018, the North American Free Trade Agreement (NAFTA) Secretariat issued a notice of completion of the binational panel review of the final results of the administrative review of certain circular welded non-alloy steel pipe from Mexico covering the period 11/01/2014 through 10/31/2015 requested by Maquilacero, S.A. de C.V. Pursuant to the notice of completion, this binational panel review was terminated effective 10/11/2018. In message 7206304, dated 07/25/2017, Commerce instructed CBP to continue suspension of entries of certain circular welded non-alloy steel pipe from Mexico that were produced and/or exported by Maquilacero, S.A. de C.V., that were the subject of the final results of administrative review (82 FR 27039, 06/13/2017) and that were entered, or withdrawn from warehouse, for consumption during the period 11/01/2014 through 10/31/2015, pursuant to 19 CFR 356.8. As a result of the NAFTA Secretariat's termination of the panel review, the continued suspension to which message 7206304 refers ended on 10/11/2018.

2. For all unliquidated shipments of certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Maquilacero, S.A. de C.V., and entered, or withdrawn from warehouse, for consumption, and imported by Maquilacero, S.A. de C.V., during the period 11/01/2014 through 10/31/2015, assess an antidumping liability equal of 7.32 percent of the entered value.

Note that no case number was in place for this company during a portion of the period of review; entries may have been made under A-201-805-000 or other company-specific case numbers.

3. Certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Maquilacero, S.A. de C.V., and entered, or withdrawn from warehouse, for consumption during the period 11/01/2014 through 10/31/2015, may be of out-of-scope merchandise. See message 8115303, dated 04/25/2018, and message 8211314, dated 07/30/2018. Those entries should be liquidated as instructed in message 8115303, dated 04/25/2018, and message 8211314, dated 07/30/2018.

4. Separate liquidation instructions were issued for entries of merchandise produced by Maquilacero, S.A. de C.V., entered, or withdrawn from warehouse, for consumption, during the period 11/01/2014 through 10/31/2015, and not covered by paragraphs 2 and 3. See message 7209309, dated 07/28/2017.

5. 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 shipments of certain circular welded non-alloy steel pipe from Mexico, you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates (see message 8187311, dated 07/06/2018).

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

7. 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.

8. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement statement, as described in section 351.402(f)(2) of Commerce's regulations. The importer should provide the reimbursement statement prior to liquidation of the entry. If the importer certifies that it has an agreement with the producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall double the antidumping duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP's protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement.

9. 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 O#6: MF.)

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

Alexander Amdur