Notice of the lifting of suspension occurred on the message date of these instructions.
See paragraph 5 below.
1.
On 09/25/2017, the U.S. Court of International Trade issued a final decision in the case of Cooper Tire & Rubber et al v. United States (court number 15-00251).
As a result of this decision, the injunction to which message 7153301 refers dissolved on 11/24/2017.
See message 8122307, dated 05/02/2018.
2.
Further, Commerce has rescinded the administrative review of the antidumping order on certain passenger vehicle and light truck tires from China (A-570-016) covering the period 01/27/2015 through 07/31/2016, in part, with respect to the firms listed below (see 82 FR 42281, dated 09/07/2017).
Accordingly, for the firms listed below, CBP should assess antidumping duties on subject merchandise entered, or withdrawn from warehouse, for consumption during the period 01/27/2015 through 07/25/2015, at the cash deposit rate of 11.12 percent.
For the firms listed below, CBP should assess antidumping duties on subject merchandise entered, or withdrawn from warehouse, for consumption during the period 08/06/2015 through 07/31/2016, at the cash deposit rate of 8.72 percent (see 82 FR 46219).
Exporter:
Cooper Tire & Rubber Company
Producer:
Cooper Chengshan (Shandong) Tire Co., Ltd.
Case numbers:
A-570-016-003
Entries may have also been made under A-570-016-000
Exporter:
Cooper Tire & Rubber Company
Producer:
Cooper (Kunshan) Tire Co., Ltd.
Case numbers:
A-570-016-004
Entries may have also been made under A-570-016-000
Exporter:
Cooper Chengshan (Shandong) Tire Co., Ltd.
Producer: Cooper Chengshan (Shandong) Tire Co., Ltd.
Case number: A-570-016-005
Entries may have also been made under A-570-016-000
Exporter: Cooper (Kunshan) Tire Co., Ltd.
Producer:
Cooper (Kunshan) Tire Co., Ltd.
Case number: A-570-016-006
Entries may have also been made under A-570-016-000
3.
Merchandise entered, or withdrawn from warehouse, for consumption during the period 07/26/2015 through 08/05/2015 should be liquidated in accordance with message 5229302, dated 08/17/2015.
4.
There are no injunctions applicable to the entries covered by this instruction.
5.
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.
Unless instructed otherwise, for all other shipments of passenger vehicle and light truck tires from China you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
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 OVII:JA/TP.)
9.
There are no restrictions on the release of this information.
Alexander Amdur