- Effective Date: Dec 20, 2024
- Notice of Lifting of Suspension Date: Dec 20, 2024
- Cite as: 89 FR 104085
Cite date: Dec 20, 2024
1.
Notice of lifting of suspension of entries covered by paragraph 5 below occurred with the publication of the negative final circumvention determination (89 FR 104085, 12/20/2024).
Unless instructed otherwise, for shipments of merchandise covered by the scope of the orders you shall continue to collect cash deposits of estimated antidumping and countervailing duties for the merchandise at the current rates.
2.
On 12/20/2024 (89 FR 104085), Commerce issued a final circumvention determination that aluminum wire and cable assembled and completed in Cambodia, using Chinese-origin aluminum wire cable inputs (e.g., stranded wire and cables or unfinished aluminum wire cable), that is subsequently exported from Cambodia to the United States (products covered by the determination) are not circumventing the antidumping and countervailing duty orders on aluminum wire and cable from China (A-570-095; C-570-096).
3.
Specifically, Commerce determined that the products covered by the determination as described in paragraph 2 are not circumventing the antidumping and countervailing duty orders because the requirement of section 781(b)(1)(D) of the Tariff Act of 1930, as amended, for finding an affirmative circumvention determination has not been met.
4.
This final circumvention determination is applicable on a country-wide basis, regardless of foreign producer, exporter, or importer.
5.
For all unliquidated entries of products covered by the determination as described in paragraph 2 that were entered, or withdrawn from warehouse, for consumption, on or after 04/18/2019 (the first date of suspension of liquidation in these proceedings), CBP should terminate suspension of liquidation and liquidate such entries without regard to antidumping and countervailing duties (i.e., refund all cash deposits).
6.
The assessment of antidumping and/or 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 antidumping and/or countervailing duties.
The interest provisions are not applicable to cash posted as estimated antidumping and/or countervailing duties before the date of publication of the antidumping and/or countervailing duty orders.
Interest shall be calculated from the date payment of estimated antidumping/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.
This instruction to liquidate entries of subject merchandise covered by paragraph 5 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:GHC.)
9.
There are no restrictions on the release of this information.
Alexander Amdur