China Laminated Woven Sacks: No AD Duties for Third-Country Fabric Entries Before March 2011

Entries of laminated woven sacks from China made from third-country fabric and entered before March 18, 2011 will be liquidated without paying antidumping duties, said the Commerce Department as it implemented a 2013 court ruling. The U.S. Court of Appeals for the Federal Circuit had ruled in December that Commerce in an 2011 administrative review illegally ordered a retroactive suspension of liquidation when it told CBP to “continue” to suspend liquidation of 2008-11 entries made from third-country fabric (see 13121321). Commerce’s “country of origin determination” was in effect a scope ruling, said CAFC, and scope rulings only affect entries after the date they are issued. Commerce now says laminated woven sacks produced from third-country fabric are only liable for AD duties if they are entered on or after March 18, 2011, the date Commerce issued the final results of its administrative review. The agency is directing CBP to liquidate entries made before that date without regard to AD duties.