AD/CVD message 9193303 - Notice of an amended final scope ruling for certain steel nails from the Socialist Republic of Vietnam imported by OMG, Inc. (C-552-819)

9193303
Jul 12, 2019
Active

Effective Date: May 24, 2019

Notice of Lifting of Suspension Date: May 24, 2019

Cite as: 84 FR 25237 • Cite date: May 31, 2019

Category: Countervailing • Type: Scope Determination • Reference messages: 7263305 • Cases: C-552-819 • Court Case: 17-00036

1. On 05/14/2019, the U.S. Court of International Trade (CIT) sustained the Final Redetermination issued by the Department of Commerce (Commerce) pursuant to OMG, Inc. v. United States, (CIT No. 17-00036). As a result, Commerce published in the Federal Register (84 FR 25237) on 05/31/2019, with an effective date of 5/24/2019, the Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision.

2. Although, as a result of the CIT's final decision, certain zinc anchors from the Socialist Republic of Vietnam (Vietnam) imported by OMG, Inc. (OMG), described below, are outside the scope of the countervailing duty order on certain steel nails from Vietnam, CBP is directed to suspend or continue to suspend liquidation of the entries of this merchandise from Vietnam imported by OMG, that were entered, or withdrawn from warehouse, for consumption on or after 05/24/2019 at a zero cash deposit rate.

The merchandise excluded from the order as a result of the Court Ruling are zinc anchors consisting of (1) a zinc alloy body constituting about 62 percent of the total weight of the anchor; and (2) a zinc plated steel pin constituting about 38 percent of the total weight of the anchor.

3. Because the revised cash deposit rate is to be applied retroactively to entries made on or after 05/24/2019, Commerce will issue instructions for granting a refund on any over collection in a separate message.

4. These cash deposit requirements shall remain in effect until further notice.

5. Do not liquidate any entries of the merchandise covered by paragraph 2 above until specific liquidation instructions are issued.

6. Unless instructed otherwise, for all other shipments of certain steel nails from Vietnam not covered by paragraphs 2 and 3 above, you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates.

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:YB.)

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

Alexander Amdur