AD/CVD message 4051303 - Liquidation following ITC notification of material injury or threat of material injury for utility scale wind towers from the People's Republic of China for the period before 02/13/2013 (C-570-982)

4051303
Feb 20, 2014
Active

Effective Date: Feb 13, 2013

Period Covered: 06/06/2012 to 02/12/2013

Notice of Lifting of Suspension Date: Feb 20, 2014

Cite as: 78 FR 10210 • Cite date: Feb 13, 2013

Category: Countervailing • Type: Liquidation Instructions • Sub type: CTDIS-Court ORD Dissolved • Reference messages: 3066306 3113308 3183306 • Cases: C-570-982 • Court Case: 13-1303, 13-00081

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

1. On 02/13/2013, the International Trade Commission published in the Federal Register (78 FR 10210, 02/13/2013) its final determination notifying Commerce that imports of utility scale wind towers (“wind towers”) from the People's Republic of China (“PRC”) materially injure the U.S. industry or threaten the U.S. industry with material injury.

2. On 01/24/2014, the U.S. Court of Appeals for the Federal Circuit issued a final decision in the case of Wind Tower Trade Coalition v. United States (CAFC Court No. 13-1303 and CIT Court No 13-00081). As a result of this decision, the stay order to which message 3183306 refers and the temporary restraining order to which messages 3066306 and 3113308 refer, enjoining liquidation of certain entries provisionally subject to the countervailing duty order on utility scale wind towers from the People's Republic of China (C-570-982), and entered, or withdrawn from warehouse, for consumption during the period from 06/06/2012 through 02/12/2013, dissolved on 02/10/2014.

3. In accordance with section 706(b)(2) of the Tariff Act of 1930, as amended, CBP should terminate the suspension of liquidation for all shipments of wind towers from the PRC that were entered, or withdrawn from warehouse, for consumption before 02/13/2013. All entries of subject merchandise that were entered, or withdrawn from warehouse, for consumption before 02/13/2013 should be liquidated without regard to countervailing duties (i.e., return all cash deposits).

4. These instructions constitute notice of the lifting of suspension of liquidation of entries of merchandise entered, or withdrawn from warehouse, for consumption before 02/13/2013. For all other shipments of wind towers from the PRC, continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates unless instructed otherwise.

5. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.

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 OIII: PMT.)

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

Michael B. Walsh