Notice2024-02114
Announcing an Importer's Additional Declaration in the Automated Commercial Environment Specific to Antidumping/Countervailing Duty Certifications
Primary source
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Published
February 2, 2024
Effective
May 2, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce), in coordination with U.S. Customs and Border Protection (CBP), is announcing a new functionality in the Automated Commercial Environment (ACE) for importers entering merchandise that is the subject of an antidumping and/or countervailing duty (AD/CVD) certification. Specifically, the capability will exist for importers to identify in the ACE entries that are the subject of an AD/CVD certification. Commerce intends to instruct parties to use this new functionality on a case-by-case basis. This new identification mechanism will facilitate Commerce's and CBP's administration of the AD/CVD laws by making such entry summaries more readily identifiable to Commerce and CBP.
Full Text
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<title>Federal Register, Volume 89 Issue 23 (Friday, February 2, 2024)</title>
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[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Pages 7372-7373]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02114]
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DEPARTMENT OF COMMERCE
International Trade Administration
[Docket Number: 231208-0290]
RIN 0625-XZ100
Announcing an Importer's Additional Declaration in the Automated
Commercial Environment Specific to Antidumping/Countervailing Duty
Certifications
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
ACTION: General notice.
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SUMMARY: The U.S. Department of Commerce (Commerce), in coordination
with U.S. Customs and Border Protection (CBP), is announcing a new
functionality in the Automated Commercial Environment (ACE) for
importers entering merchandise that is the subject of an antidumping
and/or countervailing duty (AD/CVD) certification. Specifically, the
capability will exist for importers to identify in the ACE entries that
are the subject of an AD/CVD certification. Commerce intends to
instruct parties to use this new functionality on a case-by-case basis.
This new identification mechanism will facilitate Commerce's and CBP's
administration of the AD/CVD laws by making such entry summaries more
readily identifiable to Commerce and CBP.
DATES: This new functionality will be effective May 2, 2024.
FOR FURTHER INFORMATION CONTACT: For technical questions related to
ACE, contact your assigned CBP client representative. Interested
parties without an assigned CBP client representative should direct
their questions to: <a href="/cdn-cgi/l/email-protection#a8cfc5ca86cbc4c1cdc6dcdacdd8c7dddcdacdc9cbc0e8cbcad886ccc0db86cfc7de"><span class="__cf_email__" data-cfemail="d5b2b8b7fbb6b9bcb0bba1a7b0a5baa0a1a7b0b4b6bd95b6b7a5fbb1bda6fbb2baa3">[email protected]</span></a>. For general
questions related to the new declaration capability, contact Michael
Walsh or Yasmin Bordas, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; email: <a href="/cdn-cgi/l/email-protection#a0edc9c3c8c1c5cc8ef7c1ccd3c8e0d4d2c1c4c58ec7cfd6"><span class="__cf_email__" data-cfemail="5e13373d363f3b3270093f322d361e2a2c3f3a3b70393128">[email protected]</span></a> or
<a href="/cdn-cgi/l/email-protection#431a22302e2a2d6d012c312722300337312227266d242c35"><span class="__cf_email__" data-cfemail="2970485a444047076b465b4d485a695d5b484d4c074e465f">[email protected]</span></a>, respectively.
SUPPLEMENTARY INFORMATION: This notice announces functionality in ACE
for an Importer's Additional Declaration
[[Page 7373]]
specific AD/CVD certifications. For years, Commerce has used
certification requirements as a way for parties to support claims
concerning the applicability of an AD/CVD order to merchandise that
they are producing, exporting and/or importing.\1\ More recently, on
September 20, 2021, Commerce published amendments to its existing
regulations at 19 CFR part 351 to strengthen and improve the
administration and enforcement of the AD/CVD laws.\2\ Included in this
final rule is the new regulation at 19 CFR 351.228, which became
applicable on October 20, 2021, that codifies and enhances Commerce's
existing authority and practice to require certifications by importers
and other interested parties as to whether merchandise is subject to an
AD/CVD order. Pursuant to 19 CFR 351.228(a)(1)(i)-(iii), the Secretary
of Commerce may determine in the context of an AD/CVD proceeding that
an importer or other interested party shall ``maintain a certification
for entries of merchandise into the customs territory of the United
States,'' ``provide a certification by electronic means at the time of
entry or entry summary,'' or ``otherwise demonstrate compliance with a
certification requirement as determined by the Secretary, in
consultation with the Customs Service.''
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\1\ See, e.g., Crystalline Silicon Photovoltaic Cells, Whether
or Not Assembled Into Modules, from the People's Republic of China:
Preliminary Determination of Sales at Less Than Fair Value,
Postponement of Final Determination and Affirmative Preliminary
Determination of Critical Circumstances, in Part, 77 FR 31309,
31323-24 (May 25, 2012), unchanged in Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules, from the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value, and Affirmative Final Determination of Critical
Circumstances, in Part, 77 FR 63791 (October 17, 2012), and
accompanying Issues and Decision Memorandum at note 33; Certain
Cold-Rolled Steel Flat Products from the People's Republic of China:
Affirmative Final Determination of Circumvention of the Antidumping
Duty and Countervailing Duty Orders, 83 FR 23891, 23892 (May 23,
2018), and accompanying Issues and Decision Memorandum at Comment 4.
\2\ See Regulations To Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021).
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Since the time we published this regulation, there is a new
reporting functionality in ACE that will allow the importer to enter a
specific importer's additional declaration type code, which will be
transmitted through the Automated Broker Interface, and indicate that
merchandise is being entered into the customs territory of the United
States subject to an accompanying AD/CVD certification. ACE will then
reflect the indication under the new Importer's Additional Declaration.
In light of this new functionality, when the Secretary determines in
the context of an AD/CVD proceeding that a certification is required,
the Secretary may determine, alone or in conjunction with other
requirements, that the importer shall declare that its merchandise is
being entered subject to a certification requirement using an
additional declaration type code in ACE at the time of entry summary.
This code will represent a claim that, for example, the entered
merchandise is entitled to a specific company AD and/or CVD rate or,
alternatively, a claim that the entered merchandise is not subject to
AD and/or CVD order. Use of this increased visibility in ACE will
strengthen Commerce's and CBP's enforcement of AD/CVD orders, enabling
them to more easily identify merchandise that is being entered subject
to an AD/CVD certification. Accordingly, as of the effective date
identified above and as determined by the Secretary in a given AD/CVD
proceeding, Commerce and CBP may require that importers entering
merchandise into customs territory of the United States that is the
subject of an AD/CVD certification identify their merchandise as such
with the new importer's additional declaration type code submitted at
the time of entry summary. The Cargo Systems Messaging Service (CSMS)
message announcing this new functionality will provide additional
instructions regarding the importer's additional declaration type code.
Dated: January 29, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-02114 Filed 2-1-24; 8:45 am]
BILLING CODE 3510-DS-P
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