Notice of the lifting of suspension occurred on the message date of these instructions.
See paragraph 4 below.
1.
On 03/16/2017, the U.S. Court of Appeals for the Federal Circuit issued a final order of dismissal in the case of Union Steel Manufacturing Co. et al. v. United States (CAFC No. 17-1628).
As a result of this dismissal, the mandate of the U.S. Court of International Trade (CIT Consol. No. 10-00106) issued on 03/16/2017.
The injunction to which message 0134301 refers enjoining liquidation of entries which are subject to the antidumping duty order on certain corrosion-resistant carbon steel flat products from the Republic of Korea for the period 08/01/2007 through 07/31/2008 exported
by LG Chem., Ltd., and imported by Whirlpool Corporation, or its subsidiary, Maytag Corporation, dissolved on 03/16/2017.
2.
For all shipments of certain corrosion-resistant carbon steel flat products from the Republic of Korea exported by LG Chem., Ltd., (A-580-816-009), imported by or sold to (as indicated on the commercial invoice or Customs documentation) the firm listed below, and entered, or withdrawn from warehouse, for consumption during the period 08/01/2007 through 07/31/2008, assess an antidumping liability equal to the percentage listed below of the entered value:
Importer or customer: Whirlpool Corporation or its subsidiary Maytag Corporation
Final rate:
7.70%
Note:
entries may have entered under A-580-816-000.
3. For entries of merchandise exported by LG Chem. Ltd., during the period 08/01/2007 through 07/31/2008 and not covered by paragraph 2, see message 0099306, dated 04/09/2010, corrected by 0179303, dated 06/28/2010.
4.
These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2.
Accordingly, notice of the lifting of suspension occurred on the message date of these instructions.
The order on certain corrosion-resistant carbon steel flat products from the Republic of Korea (under case number A-580-816) was revoked effective 02/14/2012.
See message 3094303, dated 04/04/2013.
Merchandise entered under A-580-816 is no longer subject to suspension of liquidation.
However, please note that effective 07/25/2016, there is an order on certain corrosion-resistant steel products from Korea (A-580-878).
Continue to collect cash deposits of estimated antidumping duties for the merchandise entered, or withdrawn from warehouse, for consumption under A-580-878 at the current rates.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 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 producer, seller, or exporter, to be reimbursed antidumping and/or countervailing duties, CBP shall double the antidumping duty 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, 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:SM)
9.
There are no restrictions on the release of this information.
Alexander Amdur