- Effective Date: Jan 11, 2024
- Period of Review: Jan 01, 2021 to Dec 31, 2021
- Cite as: 88 FR 68101
Cite date: Oct 03, 2023
-
Category:
Countervailing
Type:
Sub type: ADMIN RVW-Administrative Rvw
Reference messages:
4004402
Cases:
C533870
Court Case: 23-00233
1. On 1/11/2024, the U.S. Court of International Trade issued a statutory injunction (SI) enjoining liquidation of entries identified in paragraph 2 which are subject to the countervailing duty order on certain new pneumatic off-the-road tires from India (C-533-870) for the period January 1, 2021, through December 31, 2021.
This SI was issued in connection with court number 23-00233.
2. This SI enjoins liquidation of entries which during the pendency of this litigation, including any appeals, from issuing instructions to liquidate or making or permitting liquidation of any unliquidated entries of Certain New Pneumatic Off-the-Road Tires from India
(1) That were produced and/or exported by Balkrishna Industries Ltd.; Apollo Tyres Ltd.; Asian Tire Factory Ltd.; Cavendish Industries Ltd.; CEAT Ltd,; Celite Tyre Corporation; Emerald Resilient Tyre Manufacturer; HRI Tires India; Innovative Tyres & Tubes Limited; JK Tyres and Industries Ltd.; K.R.M. Tyres; M/S. Caroline Furnishers Pvt Ltd.; MRF Limited; MRL Tyres Limited (Malhotra Rubbers Ltd.); OTR Laminated Tyres (I) Pvt. Ltd.; Rubberman Enterprises Pvt. Ltd; Sheetla Polymers; Speedways Rubber Company; Sun Tyres & Wheel Systems; Sundaram Industries Private Limited; Superking Manufacturers (Tyre) Pvt., Ltd.; and TVS Srichakra Limited;
(2) That were the subject of the United States Department of Commerce's final determination in Certain New Pneumatic Off-the-Road Tires from India:
Final Results of Countervailing Duty Administrative Review; 2021, 88 FR 68101 (Dep't of Commerce Oct. 3, 2023), corrected and amended by Certain New Pneumatic Off-the-Road Tires from India:
Notice of Correction to the Final Results, and Amended Final Results of Countervailing Duty Administrative Review; 2021, 88 FR 82828 (Dep't of Commerce Nov. 27, 2023);
(3) That were entered, or withdrawn from warehouse for consumption, during the period
January 1, 2021, through December 31, 2021.
3. Effective 1/11/2024, no liquidation may be made for entries referred to in paragraph 2 which remain unliquidated as of 1/11/2024.
Any such entries that are set for liquidation must be unset immediately.
Furthermore, in accordance with the Court's injunction order of January 11, 2024, any entries inadvertently liquidated after the order was signed but before this injunction is fully implemented by U.S. Customs and Border Protection shall be promptly returned to unliquidated status and suspended in accordance with the order. Therefore , any entries that were liquidated under message number 4004402 should be promptly returned to unliquidated status and suspended in accordance with this injunction.
Continue to suspend liquidation of these entries until liquidation instructions are issued.
4. Effective immediately, CBP is instructed to follow the terms of the SI.
5. The SI applies to the liquidation instructions in message number 4004402, dated 1/04/2024.
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 VII:
DSA.)
7. There are no restrictions on the release of this information.
Alexander Amdur