AD/CVD message 7271304 - Automatic liquidation instructions for certain steel nails from the Socialist Republic of Vietnam for the period 01/01/2016 through 12/31/2016 (C-552-819)

7271304
Sep 28, 2017
Active

Effective Date: Sep 13, 2017

Period Covered: 01/01/2016 to 12/31/2016

Period of Review: Jan 01, 2016 to Dec 31, 2016

Notice of Lifting of Suspension Date: Sep 13, 2017

Cite as: 82 FR 42974 • Cite date: Sep 13, 2017

Category: Countervailing • Type: Liquidation Instructions • Sub type: ALIWE-Auto Liq Exception • Reference messages: 7215307 7263306 • Cases: C-552-819 • Court Case: 17-00131,17-00036

1. Commerce does not automatically conduct administrative reviews of countervailing duty orders. Instead, reviews must be requested pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended, and in accordance with 19 CFR 351.213.

2. Commerce has not received a request for an administrative review of the countervailing duty order for the period and on the merchandise identified below except for the firms listed in paragraph 3. Therefore, in accordance with 19 CFR 351.212(c), you are to liquidate all entries for all firms except those listed in paragraph 3 and assess countervailing duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit or bonding rate in effect on the date of entry:

Product: Certain Steel Nails
Country: The Socialist Republic of Vietnam
Case number: C-552-819
Period: 01/01/2016 through 12/31/2016

3. Entries of merchandise of the firms listed below should not be liquidated until specific instructions are issued. Continue to suspend liquidation of all entries of merchandise produced and/or exported by the listed firms entered, or withdrawn from warehouse, for consumption during the period 01/01/2016 through 12/31/2016:

Company: United Nail Products Co. Ltd.
Case number: C-552-819-002

No case number was in place for the companies listed below during the period of review, and entries may have been made under C-552-819-000 or other company-specific numbers:

BAC AU Logistics Service and Trading
Bollore Logistics
FGS Logistics Co. Ltd.
Honour Lane Shipping Ltd
M&T Export Trading Production
Master International Logistics
Rich State Inc.
Sanco Freight
SDV Vietnam Co. Ltd.
Thao Cuong Co. Ltd.
Toan Nhat Viet Trading and Service
Transworld Transportation Co., Ltd.
Truong Vinh Ltd.

CBP officers must also examine entries under C-552-819-000 and all existing company-specific case numbers to ensure the continued suspension of liquidation of entries during the applicable period of review for the producers and/or exporters listed above.

4. The injunction with court number 17-00131 in message number 7215307, dated 08/03/2017, is applicable to the entries which (1) were the subject of the U.S. Department of Commerce's final scope ruling on May 17, 2017, in an unpublished decision styled as Antidumping and Countervailing Duty Orders on Certain Steel Nails from the Socialist Republic of Vietnam: Final Scope Ruling on Midwest Fastener Corp.'s Zinc and Nylon Anchors; (2) were imported into the United States by Midwest Fastener Corp.; (3) were entered, or withdrawn from warehouse, for consumption on or after July 1, 2016; and (4) remain unliquidated as of 5:00 p.m. on the day when the U.S. Court of International Trade enters this order on the docket in this case. Accordingly, until further notice continue to suspend liquidation of these entries until liquidation instructions are issued.

The injunction with court number 17-00036 in message number 7263306, dated 09/20/2017, is applicable to the entries which (1) were the subject of the U.S. Department of Commerce's final scope ruling on February 6, 2017, in an unpublished decision styled as Antidumping and Countervailing Duty Orders on Certain Steel Nails from the Socialist Republic of Vietnam: Final Scope Ruling on OMG, Inc.'s Zinc Anchors; (2) were imported by OMG Inc. into the United States; (3) were entered, or withdrawn from warehouse, for consumption on or after November 3, 2014; and (4) remain unliquidated as of 5:00 p.m. on the day when the Court enters this order on the docket in this case. Accordingly, until further notice continue to suspend liquidation of these entries until liquidation instructions are issued.

5. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2 occurred with the publication of the notice of initiation of administrative review for the 07/2017 anniversary month (82 FR 42974, 09/13/2017). Unless instructed otherwise, for all other shipments of certain steel nails from the Socialist Republic of Vietnam you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates.

6. The assessment of 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 countervailing duties. The interest provisions are not applicable to cash or bonds posted as estimated countervailing duties before the date of publication of the countervailing duty order. Interest shall be calculated from the date payment of estimated 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. 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 OVI:SB.)

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

Alexander Amdur