Notice of the lifting of suspension occurred on the message date of these instructions.
See paragraph 3 below.
1.
On 03/16/2018, the U.S. Court of International Trade upheld Commerce's scope ruling in the case of DynaEnergetics U.S., Inc. v. United States (court no. 16-00045) relating to the antidumping and countervailing duty proceedings on oil country tubular goods from the People's Republic of China (China) (A-570-943 and C-570-944).
As a result of this decision, the injunction to which message 6088307, dated 03/28/2016, refers dissolved on 05/15/2018.
2.
For any unliquidated entries of merchandise that 1) were covered by the Final Scope Ruling on DynaEnergetics U.S., Inc.'s perforating gun carriers, 2) were imported by DynaEnergetics U.S., Inc., and 3) were entered, or withdrawn from warehouse, for consumption prior to 02/12/2016 under case number A-570-943, and 4) remained unliquidated as of 5:00 p.m. EDT on
03/28/2016 (the day the Court entered the injunction on the docket of the case),
liquidate at the relevant exporter-specific or exporter/producer combination antidumping duty assessment rates (as appropriate) identified in the applicable liquidation instructions previously issued for the following periods:
05/19/2010 – 04/30/2011
05/01/2011 – 04/30/2012
05/01/2012 – 04/30/2013
05/01/2013 – 04/30/2014
05/01/2014 – 04/30/2015
05/01/2015 – 04/30/2016
3.
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 certain oil country tubular goods from China you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
4.
There are no injunctions applicable to the entries covered by this instruction.
5.
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.
6.
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.
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:JD.)
8.
There are no restrictions on the release of this information.
Alexander Amdur