• Effective Date: Feb 25, 2019
  • Notice of Lifting of Suspension Date: May 18, 2023
Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 5 below. 1. Commerce received a scope ruling request from Asia Wheel Co., Ltd. Commerce issued a final scope determination on 04/11/2023, that Asia Wheel Co., Ltd.'s trailer wheels manufactured in Thailand using discs produced in Thailand from circular steel plates sourced from the People's Republic of China (China) or a third country and rims produced in Thailand from rectangular steel plates from China or a third country, which Asia Wheel Co., Ltd. exports from Thailand, are not within the scope of the countervailing duty order on certain steel wheels 12 to 16.5 inches in diameter from China (C-570-091). 2. Commerce determined that Asia Wheel Co., Ltd.'s trailer wheels manufactured in Thailand using discs produced in Thailand from circular steel plates from China or a third country and rims produced in Thailand from rectangular steel plates from China or a third country, which Asia Wheel Co., Ltd. exports from Thailand are outside the scope of the order based on the plain language of the scope because the Chinese steel plate components are neither finished or unfinished rims, discs, or steel wheels. Therefore, Asia Wheel Co., Ltd.'s trailer wheels manufactured in Thailand using discs produced in Thailand from circular steel plates from China or a third country and rims produced in Thailand from rectangular steel plates from China or a third country, which Asia Wheel Co., Ltd. exports from Thailand are not within the scope of the countervailing duty order on certain steel wheels 12 to 16.5 inches in diameter from China. 3. For all entries of Asia Wheel Co., Ltd.'s trailer wheels manufactured in Thailand using discs produced in Thailand from circular steel plates from China or a third country and rims produced in Thailand from rectangular steel plates from China or a third country, which Asia Wheel Co., Ltd. exports from Thailand not within scope that remain unliquidated on or after 02/25/2019 (the first date of suspension of liquidation in this proceeding), CBP shall terminate suspension and liquidate entries of product not within scope which were entered, or withdrawn from warehouse, for consumption. 4. Refund any cash deposits relating to the Asia Wheel Co., Ltd.'s trailer wheels manufactured in Thailand using discs produced in Thailand from circular steel plates from China or a third country and rims produced in Thailand from rectangular steel plates from China or a third country, which Asia Wheel Co., Ltd. exports from Thailand described above. 5. These instructions constitute notice of the lifting of suspension of liquidation of entries of Asia Wheel Co., Ltd.'s trailer wheels manufactured in Thailand using discs produced in Thailand from circular steel plates from China or a third country and rims produced in Thailand from rectangular steel plates from China or a third country, which Asia Wheel Co., Ltd. exports from Thailand entered, or withdrawn from warehouse, for consumption on or after 02/25/2019. 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. Unless instructed otherwise, for all other shipments of certain steel wheels 12 to 16.5 inches in diameter from China not covered by paragraph 2 above, you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates. 8. 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. 9. Certifications If an importer imports Asia Wheel Co., Ltd.'s trailer wheels from Thailand and claims that the trailer wheels were completed using the production method described in paragraph 1, the importer and exporter (Asia Wheel Co., Ltd.) are required to meet the certification and documentation requirements described below in order for no suspension of liquidation and no cash deposit to be required for such entries. 9a. Certification Requirements for Importers and Exporters 9a. (i) For entries of Asia Wheel Co., Ltd.'s trailer wheels from Thailand entered, or withdrawn from warehouse, for consumption on or after 03/22/2021 (the date of initiation of this scope inquiry) for which the importer claims that Asia Wheel Co., Ltd.'s trailer wheels were completed in Thailand using the production method described in paragraph 1 above, the importer and exporter are required to meet the certification and documentation requirements detailed in the certification below in order for no suspension of liquidation and no cash deposit to be required for such entries. 9a. (ii) The exporter is further required to provide the importer a copy of the exporter certification, and the importer is required to maintain a copy of the exporter certification. 9a. (iii) The importer and exporter are required to maintain sufficient documentation supporting the importer and exporter certifications (e.g., production records, invoices, etc.). The importer and exporter are required to maintain the certification and supporting documentation for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries. 9a. (iv) Although the importer will not be required to submit the certification or supporting documentation to CBP as part of the entry process, the importer and the exporter will be required to present the certification and supporting documentation to Commerce and/or CBP, as applicable, upon request by the respective agency. 9a. (v) Agents of the importer, such as brokers, are not permitted to make this certification. Where the importer uses a broker to facilitate the entry process, it should obtain the entry number and date of entry from the broker. 9a. (vi) The claims made in the importer and exporter certifications and any supporting documentation are subject to verification by Commerce and/or CBP. 9b. Certification Timing Requirements 9b. (i) For entries of Asia Wheel Co., Ltd.'s trailer wheels from Thailand shipped and/or entered, or withdrawn from warehouse, for consumption during the period 03/22/2021 through 04/10/2023, for which certifications are required, importers and exporters each have the option to complete: (a) a blanket certification covering multiple entries, (b) individual certifications for each entry, or (c) a combination thereof. Importer and Exporter certifications for these entries should be completed, signed, and dated no later than 05/26/2023 (within 45 days of signature of the final scope ruling). Accordingly, the relevant bullet in the certification should be edited to reflect that the certification was completed within this time frame. For example, the bullet in the importer certification that reads: "This certification was completed at or prior to the time of entry," could be edited as follows: "The shipments/products referenced herein entered before 04/11/2023. This certification was completed on mm/dd/yyyy, within 45 days of the issuance of the final scope ruling." Similarly, the bullet in the exporter certification that reads "This certification was completed at or prior to the time of shipment," could be edited as follows: "The shipments/products referenced herein shipped before 04/11/2023. This certification was completed on mm/dd/yyyy, within 45 days of the issuance of the final scope ruling." Additionally, the exporter must provide the importer a copy of the exporter certification within 45 days of the final determination issuance. 9b. (ii) For entries of Asia Wheel Co., Ltd.'s trailer wheels from Thailand shipped and/or entered, or withdrawn from warehouse, for consumption on or after 04/11/2023, for which certifications are required: -- the importer certification must be completed, signed, and dated by the time of filing of the entry summary for the relevant importation; and -- the exporter certification must be completed, signed, dated and provided to the importer by the time of shipment. Note: For merchandise shipped within 30 days of 04/11/2023, the certification requirements should be met as soon as practicable, but no later than 45 days after 04/11/2023. 9b. (iii) For unliquidated entries (and entries for which liquidation has not become final) of Asia Wheel Co., Ltd.'s trailer wheels from Thailand for which the importer and/or exporter is unable to meet the certification requirements, which entered as non-AD/CVD type entries (e.g., type 01), and that were entered, or withdrawn from warehouse, for consumption on or after 03/22/2021, for which certifications are required, importers should file a Post Summary Correction with U.S. Customs and Border Protection (CBP) in accordance with CBP's regulations, regarding conversion of such entries to AD/CVD type (i.e., types 03, 06, 34 and 38) entries and report those AD/CVD type entries using the third country case number C-549-091. Similarly, the importer should pay cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties. 10. Certifications 10a. IMPORTER CERTIFICATION I hereby certify that: A. My name is {IMPORTING COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADRESS OF IMPORTING COMPANY}. B. I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the certain steel wheels 12 to 16.5 inches in diameter produced in and exported from Thailand by Asia Wheel Co., Ltd. that entered under entry summary number(s), identified below, and which are covered by this certification. "Direct personal knowledge" refers to facts the certifying party is expected to have in its own records. For example, the importer should have direct personal knowledge of the exporter's identity and location. C. If the importer is acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification: The certain steel wheels 12 to 16.5 inches in diameter produced in and exported from Thailand by Asia Wheel Co., Ltd. covered by this certification were imported by {IMPORTING COMPANY} on behalf of {U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}; If the importer is not acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification: {NAME OF IMPORTING COMPANY} is not acting on behalf of the first U.S. customer. D. The certain steel wheels 12 to 16.5 inches in diameter produced in and exported from Thailand by Asia Wheel Co., Ltd. covered by this certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS FIRST SHIPPED IN THE UNITED STATES}, located at {ADDRESS OF SHIPMENT}. E. I have personal knowledge of the facts regarding the production of the certain steel wheels 12 to 16.5 inches in diameter produced in and exported from Thailand by Asia Wheel Co., Ltd. identified below. "Personal knowledge" includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the production method and source of the inputs of the imported products). F. The certain steel wheels 12 to 16.5 inches in diameter produced in and exported from Thailand by Asia Wheel Co., Ltd. covered by this certification are trailer wheels manufactured in Thailand using discs produced in Thailand from circular steel plates from China or a third country and rims produced in Thailand from rectangular steel plates from China or a third country. G. This certification applies to the following entries (repeat this block as many times as necessary): Entry Summary #: Entry Summary Line Item #: Asia Wheel's Invoice #: Asia Wheel's Invoice Line Item #: H. I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, production records, invoices, etc.) until the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries. I. I understand that {IMPORTING COMPANY} is required to maintain a copy of the exporter's certification (attesting to the production and/or exportation of the imported merchandise identified above), and any supporting documentation provided to the importer by the exporter, until the later of (1) the date that is five years after the latest entry date of the entries covered by the certification or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries; J. I understand that {NAME OF IMPORTING COMPANY} is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with the importer certification, and any supporting documentation, and a copy of the exporter's certification, and any supporting documentation provided to the importer by the exporter, upon request of either agency; K. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce. L. I understand that failure to maintain the required certifications, and/or failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are within the scope of the countervailing duty order on certain steel wheels 12 to 16.5 inches in diameter from China. I understand that such finding will result in: i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; ii) the requirement that the importer post applicable countervailing duty and countervailing duty cash deposits (as appropriate) equal to the rates determined by Commerce; and iii) the importer no longer being allowed to participate in the certification process. M. I understand that agents of the importer, such as brokers, are not permitted to make this certification. N. This certification was completed by the time of filing the entry summary or within 45 days of 04/11/2023. O. I am aware that U.S. law (including, but not limited to, 18 U.S.C. section 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} 10b. EXPORTER CERTIFICATION I hereby certify that: A. My name is {COMPANY OFFICIAL'S NAME} and I am an official of Asia Wheel Co., Ltd.; B. I have direct personal knowledge of the facts regarding the production and exportation of the certain steel wheels 12 to 16.5 inches in diameter identified below. "Direct personal knowledge" refers to facts the certifying party is expected to have in its own books and records. C. The certain steel wheels 12 to 16.5 inches in diameter covered by this certification were produced in and exported from Thailand by Asia Wheel Co., Ltd. and are trailer wheels manufactured using discs produced in Thailand from circular steel plates from China or a third country and rims produced in Thailand from rectangular steel plates from China or a third country. D. This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}. (repeat this block as many times as necessary): Asia Wheel's Invoice # to U.S. Customer: Asia Wheel's Invoice to U.S. Customer Line item #: E. The certain steel wheels 12 to 16.5 inches in diameter covered by this certification were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. F. I understand that Asia Wheel Co., Ltd. is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, production records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries. G. I understand that Asia Wheel Co., Ltd. must provide a copy of this Exporter Certification to the U.S. importer by the date of shipment. H. I understand that Asia Wheel Co., Ltd. is required to provide the U.S. importer with a copy of this certification and is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with this certification, and any supporting documents, upon request of either agency; I. I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/or Commerce. J. I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are within the scope of the countervailing duty order on certain steel wheels 12 to 16.5 inches in diameter from China. I understand that such finding will result in: i) suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and ii) the requirement that the importer post applicable countervailing duty cash deposits (as appropriate) equal to the rates as determined by Commerce; and iii) Asia Wheels Co., Ltd. no longer being allowed to participate in this certification process. K. This certification was completed at or prior to the date of shipment or within 45 days of 04/11/2023. L. I am aware that U.S. law (including, but not limited to, 18 U.S.C. section 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature {NAME OF ASIA WHEEL CO., LTD. COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} 11. 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 OIII:BCQ.) 12. There are no restrictions on the release of this information. Alexander Amdur