- Effective Date: Jan 06, 2021
- Notice of Lifting of Suspension Date: Sep 26, 2024
1.
Notice of lifting of suspension of entries covered by paragraph 5 below occurred with this message and on the message date of these instructions.
Unless instructed otherwise, for shipments of merchandise covered by the scope of the order you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
2.
On August 5, 2024, Commerce issued a final scope ruling that the T-type tire model identified under part code TP10657100 produced by Cheng Shin Rubber Ind. Co. Ltd. and imported by Cheng Shin Rubber USA Inc., is not covered by the scope of the antidumping duty order on passenger vehicle and light truck tires from Taiwan (A-583-869).
3.
Specifically, Commerce determined that the T-type tire model identified under part code TP10657100 produced by Cheng Shin Rubber Ind. Co. Ltd. and imported by Cheng Shin Rubber USA Inc. is outside the scope of the order because the numerical size of the tires in question reported by Cheng Shin i.e., T155/60R18, is not listed in the passenger car section or light truck section of any of the 2022, 2023 and 2024 TRA Year Books on the record.
Furthermore, there is no evidence on the record that suggests the tire in question is of a size that fits passenger cars and light trucks, and should therefore be included within the scope of the Order.
4.
This final scope ruling is applicable only to merchandise produced by Cheng Shin Rubber Ind. Co. Ltd. and imported by
Cheng Shin Rubber USA Inc.
5a.
For all unliquidated entries of the T-type tire model identified under part code TP10657100 produced by Cheng Shin Rubber Ind. Co. Ltd. and imported by Cheng Shin Rubber USA Inc. that were entered, or withdrawn from warehouse, for consumption, on or after 01/06/2021 (the first date of suspension of liquidation in this proceeding), CBP should terminate suspension of liquidation and liquidate such entries without regard to antidumping duties (i.e., refund all cash deposits).
5b. A summons was filed in the U.S. Court of International Trade (Court) to contest the final ruling of the underlying scope inquiry. Accordingly, unless instructed otherwise, CBP should not liquidate entries covered by paragraph 5a that were produced by Cheng Shin Rubber Ind. Co. Ltd. and imported by Cheng Shin Rubber USA Inc. until 95 days after the notice of lifting of suspension identified in this message, to ensure the entries are not liquidated prior to the expiration of the time parties have to file a request for a statutory injunction. Instructions will be issued if the Court issues a statutory injunction.
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 duties.
The interest provisions are not applicable to cash 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.
This instruction to liquidate entries of subject merchandise 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 proceeding 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 OVII: JL.)
9.
There are no restrictions on the release of this information.
Alexander Amdur