J&J
International Trade Notice 2002-4March 22, 2002
Publication of Final CVD/AD Determination
Although Customs has yet to publish Commerce’s Final CVD/AD Determination, expected today, many news agencies are releasing Commerce’s figures. It is the sole purpose of this "Notice" to apprize our clients that until the International Trade Commission’s publication - anticipated on May 6th - it is "business as usual" – with bonding still allowed.
The reduction in the "Other Margin" 12.58% AD rate to the reported 9.67% is the maximum amount that can now be collected for those respective entries should Canada ultimately lose their case. This goes the same for the six named companies’ assigned "Specific Margins". Only the lower of the two rates will be assessed with regard to shipments entered prior to May 6th – with a higher posting only collectable against shipments entered on or after the ITC’s May 6th publication – if sustained.
Commerce’s Final CVD Determination rate of 19.34% will not go into effect until after the ITC’s May 6th publication, with the 19.31% rate being the maximum assessment for shipments "Entered" between May 19th and December 15, 2001 (120 days). There will be no assessment of either CVD rate for those shipments entered between December 15, 2001 and the ITC’s expected publication date of May 6, 2002.
Shipments crossing the border today, until May 6th, will still be allowed bonding, but are now only subject to the "Other Margin" rate of 9.67% or the respective six named companies’ "Specific Margins".
Not until when and if the ITC sustains Commerce’s "Final Determination" (anticipated May 6th), will cash deposits have to be made in lieu of posting Single Entry Bonds. It is still not yet certain whether Commerce, at that time, will instruct U.S. Customs to liquidate and begin collection of all posted Single Entry Bond and Continuous Bond liabilities. The expected appeals process involving NAFTA and the World Trade Organization could postpone this decision.
Jones & Jones Customs Brokers
Michael D. Jones, President