19 C.F.R. § 159.58

Dumping and countervailing duties; action by Center director

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(a) Antidumping matters. Upon receipt of notification from the Commissioner, the Center director will suspend liquidation on merchandise entered, or withdrawn from warehouse, for consumption, on or after the date of publication of the “Notice of Preliminary Affirmative Antidumping Determination,” “Notice of Final Affirmative Antidumping Determination” or “Notice of Violation of Agreement” as provided by part 351, chapter III, of this title. The Center director will immediately notify the importer, consignee, or agent of each entry of merchandise in question with respect to which liquidation is suspended. The notice will indicate the relevant ascertained and determined or estimated antidumping duty.

(b) Countervailing matters. Upon receipt of notification from the Commissioner, the Center director will suspend liquidation on merchandise entered, or withdrawn from warehouse, for consumption, on or after the date of publication of the “Notice of Preliminary Affirmative Countervailing Duty Determination,” “Notice of Final Affirmative Countervailing Duty Determination” or “Notice of Violation of Agreement,” as provided by part 351, Chapter III, of this title. The Center director will immediately notify the importer, consignee, or agent of each entry of merchandise in question with respect to which liquidation is suspended. The notice will indicate the relevant ascertained and determined or estimated countervailing duty.

[CBP Dec. No. 16-26, 81 FR 93023, Dec. 20, 2016, as amended by CBP Dec. No. 17-08, 82 FR 35065, July 28, 2017]

Notes of Decisions

Cited in 7 cases, 1998–2020 · leading case: Belgium v. United States, 551 F.3d 1339 (Fed. Cir. 2009).

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Belgium v. United States, 551 F.3d 1339 (Fed. Cir. 2009). · cites it 2× “§ 1673b(d)(2); see also 19 C.F.R. § 159.58 . After further proceedings, if Commerce makes a final determination that dumping has occurred and if the International Trade Commission makes a final determination of material injury, Commerce issues a final antidumping order that…”

Tembec, Inc. v. United States, 461 F. Supp. 2d 1355 (Ct. Intl. Trade 2006). · cites it 2× “13 Notice of this suspension is given pursuant to 19 C.F.R. § 159.58 (2006), which states that: “[u]pon receipt of notification from the Commissioner, each port director shall suspend liquidation .”

Sandvik Steel Co. v. United States, Fujitsu Ten Corp. of Am. v. United States, 164 F.3d 596 (Fed. Cir. 1998). “19 C.F.R. § 159.58 (a). In the administration and application of antidumping orders, questions frequently arise whether those orders cover particular imports.”

Mukand Int'l, Ltd. v. United States, 502 F.3d 1366 (Fed. Cir. 2007). “19 C.F.R. § 159.58 (a). If requested to do so, Commerce then conducts an annual review of the antidumping duty order and determines the final duty on each entry of covered goods.”

Royal United Corp. v. United States, 714 F. Supp. 2d 1307 (Ct. Intl. Trade 2010). “(Liquidation of entries covered by a periodic administrative review under Section 1675(a)(3) is suspended pending the results of such review, see 19 C.F.R. § 159.58 (a); accordingly, such entries are not "deemed liquidated” under Section 1504(a), one year from the date of entry.”

Changzhou Hawd Flooring Co. v. United States, 947 F.3d 781 (Fed. Cir. 2020). “19 C.F.R. § 159.58 . An 12 CHANGZHOU HAWD FLOORING CO.”

Padilla v. United States, 659 F. Supp. 2d 1290 (Ct. Intl. Trade 2009). “§ 1675 (a); see also 19 C.F.R. §§ 159.58 (a) (requiring liquidation to be suspended “on or after the date of publication of the ‘Notice of Preliminary Affirmative Antidumping Determination.”

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