AD/CVD message 3186302 - Liquidation instructions for stainless steel plate in coils from Belgium produced and/or exported by Ugine & ALZ Belgium, N.V. POR 05/01/2000-04/30/2011 (A-423-808); court no. 08-00434)

3186302
Jul 05, 2013
Active

Effective Date: May 29, 2013

Period of Review: May 01, 2000 to Apr 30, 2011

Notice of Lifting of Suspension Date: Jul 05, 2013

Category: Antidumping • Type: Liquidation Instructions • Sub type: CTDIS-Court ORD Dissolved • Reference messages: 9028207 0267305 • Cases: A-423-808 • Court Case: 2011-1578, 08-00434

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 4 below.

1. On 03/26/2013, the United States Court of International Trade, acting in accordance with a decision of the United States Court of Appeals for the Federal Circuit in court no. 2011-1578 dated 09/07/2012, issued a final decision in the case of ArcelorMittal Stainless Belgium N.V. v. United States (court no. 08-00434), sustaining the final scope redetermination of the Department of Commerce (Commerce) finding that stainless steel plate in coils (SSPC) with an actual thickness of less than 4.75 mm, regardless of its nominal thickness, is not subject to the antidumping and countervailing duty orders on SSPC from Belgium. As a result of this final court decision, the injunction, as amended, to which message numbers 9028207 (dated 01/28/2009) and 0267305 (dated 09/24/2010) refer, dissolved on 05/29/2013.

2. In accordance with the final court decision, entries of SSPC with an actual thickness of less than 4.75 mm, regardless of its nominal thickness, are not subject to the antidumping and countervailing duty orders on SSPC from Belgium. Liquidation instructions for this merchandise were issued in a separate message.

3. U.S. Customs and Border Protection (CBP) should now liquidate SSPC in coils with an actual thickness of 4.75 mm or above, regardless of nominal thickness, produced and/or exported by Ugine & ALZ Belgium N.V. (A-423-808-001), its predecessor-in-interest, ALZ N.V., and/or its successors-in-interest, ArcelorMittal Stainless Belgium N.V. (AMS Belgium) (A-423-808-002), and/or Aperam Stainless Belgium N.V. (Aperam) (A-423-808-003), as appropriate, that was entered, or withdrawn from warehouse, for consumption during the period 05/01/2000 through 04/30/2011 in accordance with the relevant message or messages identified below:

Message Number Date
2239211 August 27, 2002
2297203 October 24, 2002
2322203 November 18, 2002
3043202 February 12, 2003
3226203 August 14, 2003
3300204 October 27, 2003
4083201 March 23, 2004
4233202 August 20, 2004
5179203 June 28, 2005
5182203 July 1, 2005
5199201 July 18, 2005
5362206 December 28, 2005
6010201 January 10, 2006
6268201 September 25, 2006
8039208 February 8, 2008
8053205 February 22, 2008
8185203 July 3, 2008
8365209 December 30, 2008
9014203 January 14, 2009
9195217 July 14, 2009
0200304 July 19, 2010
0214306 August 2, 2010
0291310 October 18, 2010
0313307 November 9, 2010
3002302 January 2, 2013

4. These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 3. Accordingly, notice of the lifting of suspension occurred on the message date of these instructions. Unless instructed otherwise, for all other shipments of stainless steel plate in coils from Belgium, CBP shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

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

6. The assessment of antidumping 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 antidumping/countervailing duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping 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. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement statement, as described in section 351.402(f)(2) of Commerce's regulations. The importer should provide the reimbursement statement prior to liquidation of the entry. If the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed antidumping and/or countervailing duties, CBP shall double the antidumping duties and/or increase the antidumping duty by the amount of the countervailing duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP's protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement.

8. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Import Administration, 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 O8: JT).

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

Michael B. Walsh