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Customs Announces Extension of Deadline to File Post Summary Correction (PSC)

psc

Customs Announces Extension of Deadline to File Post Summary Correction (PSC)

Customs has posted CSMS #43528998 (July 31, 2020) reminding the trade community that as per the modification to the Post Summary Correction (“PSC”) procedure announced in the Federal Register on August 14, 2019 (84 FR 40430), the deadline for filing a PSC has been extended in cases where an importer requests and is granted an extension of liquidation pursuant to 19 CFR 159.12.

Under this modified procedure, after an importer is granted an extension of liquidation, a PSC may be transmitted to CBP up to 15 days prior to the scheduled liquidation date as per the liquidation extension.  Accordingly, under the modified procedure a PSC must be transmitted to CBP within 300 days after the date of entry or up to 15 days prior to the scheduled liquidation date, whichever is earlier, except in situations involving an extension of liquidation, in which case a PSC must be transmitted to CBP up to 15 days prior to the scheduled extended liquidation date.

This change was made to increase the amount of time a filer has to submit a PSC in situations involving trade requested extensions of liquidation. Significantly, it may have particular applicability in situations where an importer receives an extension of liquidation in order to preserve its right to a refund in the event that the importer requests an extension of liquidation to accommodate a Section 301 duty exclusion or duty exclusion extension request.

In those instances, if the duty exclusion request or the exclusion extension request is granted, then if liquidation of the entry has also been granted, the importer would have additional time to submit the PSC to Customs and obtain a duty refund. Of course, if the importer misses the time period for submitting a PSC in order to obtain a refund then it is also possible that the refund could still be obtained by filing a protest within 180 days of the date of liquidation.

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Robert Stang is a Washington, D.C.-based partner with the law firm Husch Blackwell LLP. He leads the firm’s Customs group.

steel

Commerce Finds Dumping and Countervailable Subsidization of Imports of Carbon and Alloy Steel Threaded Rod from China and India

On February 10, 2020, the Department of Commerce (“Commerce”) announced its affirmative final determinations in the AD and CVD investigations of imports of carbon and alloy steel threaded rod from China and India. See the fact sheet for a summary of the final cash deposit rates and margins.

In the China AD investigation, Commerce calculated cash deposit rates of 4.26% and 14.16% to the mandatory respondents Zhejiang Junyue Standard Part Co., Ltd. and Ningbo Zhongjiang High Strength Bolts Co., Ltd., respectively. Chinese companies that are eligible for a separate rate received a rate of 11.47%. The antidumping cash deposit rate for all other Chinese companies is 59.45%.

In the China CVD investigation, Commerce calculated and assigned subsidy rates of 66.81% and 31.02% to the mandatory respondents Zhejiang Junyue Standard Part Co., Ltd. and Ningbo Zhongjiang High Strength Bolts Co., Ltd., respectively. The subsidy rate for all other Chinese exporters is 41.17%.

In the India AD investigation, Commerce assigned a cash deposit rate of 28.34% to mandatory respondent Daksh Fasteners and 2.47% for mandatory respondent Mangal Steel Enterprises Limited. The cash deposit rate for all other Indian exporters is 2.47%.

In the India CVD investigation, Commerce assigned a cash deposit rate of 211.72% to mandatory respondent Daksh Fasteners and a rate of 6.07% to mandatory respondent Mangal Steel Enterprises Limited. The cash deposit rate for all other Indian exporters is 6.07%.

The ITC is currently scheduled to make its final determinations on or about March 23, 2020. If the ITC makes affirmative final determinations of material injury to domestic industry, then Commerce will issue AD and CVD orders instructing Customs and Border Protection (“CBP”) to collect deposits based on the applicable duty rate. If the ITC makes negative determinations of injury, then the investigations will be terminated.

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Nithya Nagarajan is a Washington-based partner with the law firm Husch Blackwell LLP. Shee practices in the International Trade & Supply Chain group of the firm’s Technology, Manufacturing & Transportation industry team.

Camron Greer is an assistant trade analyst in Husch Blackwell LLP’s Washington, D.C. office.