AD/CVD message 7306305 - Liquidation for certain steel nails from the Socialist Republic of Vietnam for the period 11/03/2014 through 12/31/2015 (C-552-819)

7306305
Nov 02, 2017
Active

Effective Date: Oct 17, 2017

Period Covered: 11/03/2014 to 12/31/2015

Period of Review: Nov 03, 2014 to Dec 31, 2015

Notice of Lifting of Suspension Date: Oct 17, 2017

Cite as: 82 FR 48213 • Cite date: Oct 17, 2017

Category: Countervailing • Type: Liquidation Instructions • Sub type: ADRV-Administrative Review • Reference messages: 5146304 7263306 • Cases: C-552-819 • Court Case: 17-00036

1. Notice of the lifting of suspension of liquidation of entries of subject merchandise occurred with the publication of the final results of administrative review for the countervailing duty order C-552-819 on certain steel nails from the Socialist Republic of Vietnam for the period 11/03/2014 through 12/31/2015 (82 FR 48213, 10/17/2017).

2. Accordingly, you are now instructed to liquidate all shipments of certain steel nails from the Socialist Republic of Vietnam, entered, or withdrawn from warehouse, for consumption on or after 11/03/2014 and on or before 12/31/2015 at the following percentages of entered value:

Product: Certain Steel Nails
Country: The Socialist Republic of Vietnam
Company name: Truong Vinh Ltd.
Case number: C-552-819-003
Final subsidy rate: 313.97%

Product: Certain Steel Nails
Country: The Socialist Republic of Vietnam
Company name: Rich State Inc.
Case number: C-552-819-004
Final subsidy rate: 313.97%

The above companies did not have their own case numbers during the period of review; entries may have been made under C-552-819-000 or other company-specific case numbers.

However, note that shipments of this merchandise entered, or withdrawn from warehouse, on or after 03/03/2015 and on or before 07/09/2015 should be liquidated without regard to countervailing duties. See message 5146304 dated 05/26/2015.

3. If a cash deposit was collected as security for an estimated countervailing duty for any shipment of merchandise described in paragraphs 1 and 2 that was entered, or withdrawn from warehouse, for consumption during the period 11/03/2014 through 03/02/2015, assess countervailing duty equal to 313.97 percent of the entered CBP value or equal to the amount of the cash deposit, whichever is less.

4. 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. 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 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.

6. The assessment of countervailing duties on entries made on or after Commerce's preliminary determination and before the International Trade Commission's final affirmative injury determination, and not covered by message number 5146304 dated 05/26/2015, cannot exceed the amount of cash deposit in effect at the time of entry. See paragraph 3, above.

7. The suspension of liquidation ordered for this merchandise entered on or after 11/03/2014 through 12/31/2015 is lifted. Unless instructed otherwise, suspension of liquidation for all entries of this merchandise entered, or withdrawn from warehouse, for consumption after 12/31/2015 will continue.

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 OVI:YB.)

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

Alexander Amdur