India Cold-Drawn Mechanical Tubing: Goodluck Exempt From AD Duties, Commerce Says
Goodluck India Limited is now exempt from antidumping duties on cold-drawn mechanical tubing of carbon and alloy steel from India (A-533-873), the Commerce Department said. A court-ordered recalculation of Goodluck's AD rate from the final determination of the AD duty investigation resulted in the company’s rate dropping to zero. Companies that receive zero rates in original AD duty investigations are permanently exempt from the resulting AD duty orders.
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The exemption applies only to subject merchandise both produced and exported by Goodluck. Subject merchandise produced by Goodluck but exported by other companies, or produced by other companies and sold by Goodluck, remain subject to AD duties.
Commerce will direct CBP to refund any cash deposits collected on subject merchandise produced and exported by Goodluck. However, Commerce will continue to suspend liquidation until the underlying court decision is final, either after the 60-day period for appeal expires or the decision is appealed and affirmed. “We will instruct CBP to suspend liquidation of all unliquidated entries from Goodluck at a cash deposit rate of 0.00 percent which are entered, or withdrawn from warehouse, for consumption on or after May 10, 2020, which is ten days after the CIT’s final decision,” Commerce said. “In the event the CIT’s ruling is not appealed, or if appealed and upheld by the CAFC, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate entries produced and exported by Goodluck without regard to antidumping duties.”
(Federal Register 05/27/20)