AD/CVD message 9080301 - Correction of message 9070304

9080301
Mar 21, 2019
Active

Effective Date: Mar 11, 2019

Notice of Lifting of Suspension Date: Mar 11, 2019

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

Category: Countervailing • Type: Liquidation Instructions • Sub type: COR-Correction • Reference messages: 7163304 8353304 8354305 9070304 • Cases: C-542-801 • Court Case: CAFC No. 18-2327

1. This is a correction to message 9070304, dated 03/11/2019, to correct paragraphs 1 and 2 of that message.

2. Paragraphs 1 and 2 of message 9070304 did not include complete information about the dissolution of the injunction regarding certain new pneumatic off-the-road tires from Sri Lanka. Below is the fully corrected message.

3. On 02/14/2019, the U.S. Court of Appeals for the Federal Circuit issued an order dismissing Government of Sri Lanka v. United States, CAFC No. 18-2327. Previously, the U.S. Department of Commerce revoked the countervailing duty order on certain new pneumatic off-the-road tires from Sri Lanka on 07/25/2018, 83 FR 35213, but instructed CBP to continue suspension of liquidation during the pendency of the appeals process. See message 8353304, dated 12/19/2018. Because the appeals process has concluded, the U.S. Court of International Trade's decision in Government of Sri Lanka v. United States, CIT 17-00059 (Slip Op. 18-87, 07/11/2018) (consolidated with CIT-17-00060), sustaining the U.S. Department of Commerce's remand redetermination, and Commerce's revocation of the countervailing duty order consistent with its remand redetermination, are now final. Additionally, as a result of this dismissal, the injunction referenced in message 7163304 dissolved on 02/14/2019.

4. Accordingly, CBP is directed to terminate the suspension of liquidation on all unliquidated entries of certain new pneumatic off-the-road tires from Sri Lanka entered, or withdrawn from warehouse, for consumption on or after 06/20/2016. See messages 8353304, dated 12/19/2018 and 8354305, dated 12/20/2018. All unliquidated entries of subject merchandise that were suspended on or after 06/20/2016 should be liquidated without regard to countervailing duties (i.e., refund all cash deposits).

5. Message 9070304 constitutes notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 4. Accordingly, notice of the lifting of suspension occurred on 03/11/2019 the date of message 9070304.

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 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.

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 OII:WH.)

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

Alexander Amdur