- Effective Date: Feb 07, 2023
- Period of Review: Nov 12, 2019 to Dec 31, 2020
- Notice of Lifting of Suspension Date: Feb 07, 2023
- Cite as: 88 FR 7938
Cite date: Feb 07, 2023
1. Notice of the lifting of suspension of liquidation of entries of on certain collated steel staples from the People's Republic of China (China) (subject merchandise) covered by paragraphs 2a and 2c occurred on 02/07/2023 with the publication of the final results of administrative review (88 FR 7938).
2. Liquidation: Below are liquidation instructions for the companies covered by this administrative review.
2a.
Liquidation of entries made during the provisional measures cap period:
The assessment of countervailing duties on entries made during the provisional measures period in the investigation cannot exceed the amount of cash deposit in effect at the time of entry.
Accordingly, if a cash deposit was collected as security for an estimated countervailing duty for any shipment of certain collated steel staples from China (subject merchandise) that was entered, or withdrawn from warehouse, for consumption during the period 11/12/2019 (first date of suspension of liquidation) through 03/10/2020 (the last day provisional measures were in effect), assess countervailing duties equal to the lesser of: (a) the amount resulting from the application of the liquidation rates listed in paragraph 2c or (b) the amount of the cash deposit.
2b. Liquidation of entries made during the GAP period
Commerce directed CBP to discontinue suspension of liquidation of shipments of this merchandise entered, or withdrawn from warehouse, on or after 03/11/2020, the first day provisional measures were no longer in effect.
See message 0071401 dated 03/11/2020.
Accordingly, merchandise entered, or withdrawn from warehouse for consumption on or after 03/11/2020 through 07/16/2020 should have been liquidated without regard to countervailing duties.
2c.
Liquidation of entries made during the definitive measures period
For all shipments of subject merchandise produced and/or exported by the firms listed below and entered, or withdrawn from warehouse, for consumption during the period 07/17/2020 through 12/31/2020, assess a countervailing liability equal to the percent of the entered value identified below.
Producer and/or Exporter: Zhejiang Best Nail Industrial Co., Ltd.
Case Number: C-570-113-001
Final rate: 62.18%
Producer and/or Exporter: Tianjin Hweschun Fasteners Manufacturing Co., Ltd.
Case Number:
C-570-113-004
Final rate: 62.18%
Producer and/or Exporter: China Staple Enterprise (Tianjin)
Case Number:
C-570-113-005
Final rate: 319.30%
Producer and/or Exporter: Shanghai Yueda Nails Co., Ltd.
Case Number:
C-570-113-006
Final rate: 319.30%
Producer and/or Exporter: A-Jax International Co., Ltd.
Case Number:
C-570-113-007
Final rate: 62.18%
Producer and/or Exporter: China Dinghao Co., Ltd.
Case Number:
C-570-113-008
Final rate: 62.18%
Producer and/or Exporter: Rise Time Industrial Ltd.
Case Number:
C-570-113-009
Final rate: 62.18%
Producer and/or Exporter: Shaoxing Bohui Import Export Co., Ltd.
Case Number:
C-570-113-010
Final rate: 62.18%
3.
Commerce is currently conducting a circumvention inquiry on whether certain collated steel staples that have been completed in Thailand or Vietnam using parts and components from China are covered by the scope of the countervailing duty order on certain collated steel staples from China.
In message 2355403, dated 12/21/2022, Commerce instructed CBP to continue to suspend entries of merchandise covered by the inquiry that are already subject to suspension of liquidation under the countervailing duty order.
Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued.
4.
Unless instructed otherwise, suspension of liquidation should continue for shipments of subject merchandise not covered by this liquidation message.
5.
There are no injunctions applicable to the entries covered by this instruction.
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 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.
7. This instruction to liquidate entries 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 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 OVIII: SS.)
9.
There are no restrictions on the release of this information.
Alexander Amdur