AD/CVD message 0013406 - Notice of an amended final determination of circumvention of the antidumping duty order on aluminum extrusions from China

0013406
Jan 13, 2020
Active

Category: Countervailing • Type: • Sub type: CRTD • Cases: C-201-995 C-552-999 C-570-968

1. On 12/18/2019, the U.S. Court of International Trade (CIT) sustained the Final Redetermination issued by Commerce pursuant to Tai-Ao Aluminum (Taishan) Co., Ltd. et al v. United States (CIT No. 17-00216). As a result, Commerce published in the Federal Register (85 FR 298) on 01/03/2020, with an effective date of 12/28/2019, the Notice of Court Decision Not in Harmony With Final Determination of Circumvention and Notice of Amended Final Determination of Circumvention Pursuant to Court Decision.

2. As a result of the CIT's final decision, entries of extruded aluminum products that meet the chemical specifications for 5050 grade aluminum alloy and are heat-treated, which: a) were the subject of the U.S. Department of Commerce's final determination in Aluminum Extrusions from the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders and Rescission of Minor Alterations Anti- Circumvention Inquiry, 82 Fed. Reg. 34,630 (7/26/2017); b) were exported from the People's Republic of China by Tai-Ao Aluminum (Taishan) Co., Ltd. and/or imported into the United States by TAAL America Ltd.; c) were entered, or withdrawn from warehouse, for consumption during the period 03/21/2016 through 11/13/2016; and d) remain unliquidated as of 09/15/2017, are outside of the scope of the countervailing duty order on aluminum extrusions from China.

3. Notwithstanding the exclusion, in accordance with the decision of the United States Court of Appeals for the Federal Circuit in Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990), CBP is directed to suspend or continue to suspend liquidation of such entries described in paragraph 2 at a zero percent cash deposit rate during the pendency of the appeals process.

4. 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. In accordance with 19 U.S.C. 1520(a)(4), CBP is authorized to grant a refund, if requested by the importer, of cash deposits for entries described in paragraph 2.

5. The injunction with court number 17-00216, discussed in message 7263301, dated 09/20/2017, with respect to entries described in paragraph 2 remains in effect.

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 OVI/HL.)

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

Alexander Amdur