AD/CVD message 0043407 - Liquidation instructions for certain passenger vehicle and light truck tires from China imported by ITG Voma Corporation for the periods 12/01/2014 through 03/30/2015 and 08/06/2015 through 12/31/2015 (C-570-017)

0043407
Feb 12, 2020
Active

Effective Date: May 20, 2019

Period of Review: Dec 01, 2014 to Dec 31, 2015

Notice of Lifting of Suspension Date: Feb 12, 2020

Category: Countervailing • Type: Liquidation Instructions • Sub type: CRTD • Reference messages: 5335317 • Cases: C-570-017 • Court Case: 2017-2618& 2017-2619

1. On 02/19/2019, the Court of Appeals for the Federal Circuit issued a final decision in the case of ITG Voma Corporation v. United States (Court Nos. 2017-2618, 2017-2619). As a result of this decision, the injunction to which message 5335317 dated 12/01/2015 refers enjoining liquidation of entries which are subject to the countervailing duty order on certain passenger vehicle and light truck tires from the People's Republic of China (China) for the periods 12/01/2014 through 03/30/2015 and 08/06/2015 through 12/31/2015 imported by ITG Voma Corporation dissolved on 05/20/2019.

2. For all shipments of certain passenger vehicle and light truck tires from China imported by or sold to (as indicated on the commercial invoice or Customs documentation) the ITG Voma Corporation, and entered, or withdrawn from warehouse, for consumption during the periods 12/01/2014 through 03/30/2015 and 08/06/2015 through 12/31/2015, assess countervailing duties equal to the percentages of entered value applicable to the appropriate exporter as identified in the liquidation instruction issued for this merchandise and period of review.

The following liquidation instructions have been issued for this merchandise and period of review.

Message number 6306304 dated 11/01/2016 corrected by message 6350306 dated 12/15/2016
Message number 7268302 dated 09/25/2017
Message number 8137315 dated 05/17/2018 corrected by message 8201301 dated 07/20/2018

3. 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 other shipments of certain passenger vehicle and light truck tires from China you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates.

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

5. The assessment of countervailing duties by the 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.

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 OVII:TP.)

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

Alexander Amdur