- Effective Date: Feb 25, 2019
- Notice of Lifting of Suspension Date: Aug 02, 2022
1.
Notice of lifting of suspension of entries covered by paragraph 5 below occurred with this message and on the message date of these instructions.
Unless instructed otherwise, for shipments of merchandise covered by the scope of the order you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates.
2.
On 06/23/2022, Commerce issued a final scope ruling that passenger vehicle wheel model numbers X-45282, X-45304, X-45329, X-45333, X-45334, X-45337, X-45399, X-45401, X-45460, X-45463, and X-45477 imported by Allied Wheel Components, Inc.'s (Allied Wheel) are not covered by the scope of the countervailing duty order on certain steel wheels 12 to 16.5 inches in diameter (steel wheels) from the People's Republic of China (China) (C-570-091).
3a.
Commerce determined that certain of Allied Wheel's passenger vehicle wheels are outside the scope of the order based on evidence that the products are not suited for trailer applications because they have different bolt patterns, offsets, pilot diameters, and/or load ratings that make them unsuitable for use on trailer or towable equipment.
Therefore, certain of Allied Wheel's passenger vehicle wheels are not within the scope of the countervailing duty order on certain steel wheels 12 to 16.5 inches in diameter from China.
Specifically, the following model numbers identified by Allied Wheel in its scope request are not within the scope of the order:
X-45282; X-45329; X-45333; X-45334; X-45337; X-45399; X-45401; X-45460; X-45463; and X-45477.
3b.
Commerce determined that one of Allied Wheel's passenger vehicle wheel models is outside the scope of the order because the expectations of ultimate purchasers, ultimate use, and manner in which the product is advertised and displayed distinguish Allied Wheel's passenger vehicle wheel from in-scope wheels.
Therefore, the following model number identified by Allied Wheels in its scope request is not within the scope of the countervailing duty order on certain steel wheels 12 to 16.5 inches in diameter from China:
X-45304.
4.
This final scope ruling is applicable only to merchandise imported by Allied Wheel.
5.
For all unliquidated entries of Allied Wheel's model numbers X-45282, X-45304, X-45329, X-45333, X-45334, X-45337, X-45399, X-45401, X-45460, X-45463, and X-45477 that were entered, or withdrawn from warehouse, for consumption, on or after 02/25/2019 (the first date of suspension of liquidation in this proceeding), CBP should terminate suspension of liquidation and liquidate such entries without regard to countervailing duties (i.e., refund all cash deposits).
6.
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 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.
7.
This instruction to liquidate entries of subject merchandise covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message.
Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act proceeding under section 517 of the Tariff Act of 1930, as amended).
If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries.
8.
If there are any questions by the 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 OIII:PB.)
There are no restrictions on the release of this information.
Alexander Amdur