[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Notices]
[Pages 3995-3996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00884]


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DEPARTMENT OF COMMERCE

International Trade Administration


Notice of Discontinuation of Policy To Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and Countervailing 
Duty Administrative Proceedings

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

ACTION: Notice; discontinuance.

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SUMMARY: The U.S. Department of Commerce (Commerce) is announcing that, 
effective immediately upon publication of this notice, it is 
discontinuing its policy to issue liquidation instructions in certain 
segments of antidumping duty (AD) and countervailing duty (CVD) 
administrative proceedings to U.S. Customs and Border Protection (CBP) 
15 days after publication or mailing, whichever applies, of final 
administrative determinations where no statutory injunction was 
requested, which was announced on its website August 14, 2002, revised 
in November 2006, and again modified by an announcement on its website 
November 9, 2010. Such timeframes for AD/CVD administrative proceedings 
involving subject merchandise from Canada and Mexico were not affected 
by the 15-day policy.

DATES: Applicable January 15, 2021.

FOR FURTHER INFORMATION CONTACT: Wendy Frankel, Director, Customs 
Liaison Unit, Enforcement & Compliance, Department of Commerce, (202) 
482-5849, or Elisabeth Urfer, Associate Director, Customs Liaison Unit, 
Enforcement & Compliance, Department of Commerce (202) 482-0414.

SUPPLEMENTARY INFORMATION: In 2002, Commerce instituted its 15-day 
policy in response to International Trading Co. v. United States, 281 
F.3d 1268 (Fed. Cir. 2002), in which the six-month deemed liquidation 
deadline in 19 U.S.C. 1504(d) was made applicable to administrative 
reviews of AD/CVD orders. The policy, as modified, has required parties 
to seek consent from the government for statutory injunctions under 
section 516A(c)(2) of the Tariff Act of 1930, as amended (the Act), no 
later than 15 days after publication or mailing of applicable final 
administrative determinations by Commerce, or Commerce will issue 
liquidation instructions to CBP. The policy has provided CBP with over 
five months to ensure liquidation at the assessed rate, lessening the 
risk that entries will be deemed liquidated. Since 2002, parties 
challenging Commerce's final determinations in AD/CVD administrative 
proceedings conducted under applicable provisions of Title VII of the 
Act at the U.S. Court of International Trade who missed the 15-day 
deadline have run the risk that some or all of their entries would 
liquidate before receiving any court-ordered statutory injunction.
    Notwithstanding any language in preliminary determinations in 
applicable AD/CVD administrative proceedings indicating Commerce's 
intent to apply the 15-day policy in corresponding final determinations 
that have not yet been issued, Commerce is discontinuing this policy 
immediately upon publication of this notice to effectively administer 
and enforce the AD/CVD laws. Because the 15-day policy has not applied 
to AD/CVD administrative proceedings involving subject merchandise from 
Canada and Mexico, this notice has no effect on AD/

[[Page 3996]]

CVD proceedings involving subject merchandise from those countries.

    Dated: January 11, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-00884 Filed 1-14-21; 8:45 am]
BILLING CODE 3510-DS-P