China, Germany, Japan, South Korea, Sweden and Taiwan NOES: Details of AD Duty Orders

With the issuance of this order, AD duties on NOES from China, Germany, Japan, South Korea, Sweden and Taiwan become permanent, and can only be ended under certain conditions, like a sunset review or a changed circumstances review. Commerce will now begin conducting annual administrative reviews on exporters of NOES, if requested, to determine final assessments of AD duties on importers and make changes to AD duty cash deposit rates.

Refund of China, Germany, Japan and Sweden Cash Deposits Collected Feb. 21 - May 21

Commerce found in its final determination that "critical circumstances" existed for all imports of NOES from China and Sweden, as well as imports from some exporters of NOES from Germany and Japan, and made suspension of liquidation retroactive 90 days. However, the International Trade Commission decided in November to overrule that decision. As a result, Commerce will refund AD duty cash deposits collected on shipments entered between Feb. 21 and May 21. Cash deposit requirements for NOES from China, Germany, Japan and Sweden entered on or after May 22 are still in effect.

Gap Period of No AD Suspension of Liq or AD Duties for Nov. 18 - Dec. 1

For these investigations, the six-month provisional measures period for which the AD suspension of liquidation may remain in effect before the order is issued began on May 22 (the date of the preliminary determination) and ended on Nov. 18.

As the International Trade Commission's final affirmative injury determination was published on Dec. 2, Commerce is instructing CBP to terminate AD suspension of liquidation and to liquidate, without regard to AD duties, unliquidated entries of subject merchandise entered on or after Nov. 18, and through Dec. 1 (the gap period).

(For subject merchandise entered on or after May 22 through Nov. 17, suspension of liquidation and AD duty liability remains in effect.)

AD Suspension of Liq Instructions

Suspension of liquidation resumes for all entries of subject merchandise from China and Indonesia entered on or after Dec. 2, the date that the final ITC affirmative injury determination was published.

AD Cash Deposit Instructions, Amended Rates for China

An AD cash deposit requirement is also in effect for subject merchandise from China, Germany, Japan, South Korea, Sweden and Taiwan entered on or after Dec. 2. Commerce will instruct CBP to require, at the same time as importers deposit estimated duties, a cash deposit equal to the AD duty rates listed below:

China

Germany

Japan

South Korea

Sweden

Taiwan

ITC final injury determination (Federal Register 12/02/14) is available (here).

(See notice for additional details, including the full scope description, etc. See 1411060052 for summary of the ITC's final affirmative injury vote.)

(Federal Register 12/03/14)