Effective Jan. 15 the International Trade Administration has discontinued its policy to issue liquidation instructions in certain segments of antidumping and countervailing duty administrative proceedings to U.S. Customs and Border Protection 15 days after publication or mailing of final administrative determinations where no statutory injunction was requested.
The ITA instituted this policy in 2002 in response to a federal court decision in which the six-month deemed liquidation deadline in 19 USC 1504(d) was made applicable to administrative reviews of AD/CV duty orders. The policy has provided CBP with over five months to ensure liquidation at the assessed rate, lessening the risk that entries will be deemed liquidated.
However, the ITA states, parties challenging the agency’s final determinations in AD/CV administrative proceedings at the Court of International Trade that missed the 15-day deadline have run the risk that some or all of their entries would liquidate before receiving any court-ordered statutory injunction. As a result, the ITA is discontinuing this policy to more effectively administer and enforce the AD/CV laws. This change does not affect any language in preliminary determinations in applicable AD/CV administrative proceedings indicating the ITA’s intent to apply the 15-day policy in corresponding final determinations that have not yet been issued.
For more information on AD/CV duty issues, including how to mitigate liability, please contact Kristen Smith at (202) 730-4965.
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