AD/CVD message 8354305 - Refund of countervailing duty cash deposits for certain new pneumatic-off-the-road tires from Sri Lanka pursuant to the amended final determination of entries on or after 06/20/2016 (C-542-801)

8354305
Dec 20, 2018
Active

Effective Date: Jun 20, 2016

Cite as: 83 FR 35213 • Cite date: Jul 25, 2018

Category: Countervailing • Type: Final Determination • Reference messages: 7067305 • Cases: C-542-801 • Court Case: 17-00059

1. On 07/25/2018 (83 FR 35213), Commerce published in the Federal Register its amended final determination in the countervailing duty investigation of certain new pneumatic off-the-road tires from Sri Lanka. Pursuant to the Court of International Trade's (CIT) final decision sustaining Commerce's Final Redetermination (Slip Op. 18-87, CIT No. 17-00059), Commerce is instructing CBP to release any bond or other security, and refund any cash deposit pertaining to any suspended entries pursuant to the Order (the countervailing duty order published on 03/06/2017, 82 FR 12556; see message 7067305, effective 02/28/2017).

2. Title 19 U.S.C. 1520(a)(4) authorizes refunds prior to liquidation whenever an importer of record declares or it is ascertained that excess duties, fees, charges, or exactions have been deposited or paid. Accordingly, CBP is authorized to grant a refund, if requested by the importer, of all cash deposits for entries of certain new pneumatic off-the-road tires from the Sri Lanka, entered, or withdrawn from warehouse, for consumption on or after 06/20/2016.

3. The refund amount will be equal to the entire amount of cash deposits paid, as the revised deposit rate for entries of merchandise referenced in paragraph 2 above is 0.00 percent (see 83 FR 35213).

4. However, the United States has appealed the CIT's decision to the U.S. Court of Appeals for the Federal Circuit, and therefore suspension of liquidation must continue during the pendency of the appeals process. Accordingly, do not liquidate entries of the merchandise referenced above until specific liquidation instructions are issued. Note: Additionally, Commerce and CBP remain enjoined by Court order from liquidating entries that were produced and/or exported by Camso Loadstar (Private), Ltd., and were entered, or withdrawn from warehouse, for consumption during the period June 20, 2016, through October 17, 2016, and from February 28, 2017, through December 31, 2017.

5. The interest provisions of section 778 of the Tariff Act of 1930 are not applicable to cash or bonds posted as estimated countervailing duties before the date of publication of the countervailing duty order (the countervailing duty order published on 03/06/2017, 82 FR 12556). 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.

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 OII:EWH.)

7. There are no restrictions on release of this information.

Alexander Amdur