March 8, 2021
IDENTIFYING AD/CVD DUTY ORDER THIRD COUNTRY CASE NUMBERS IN ACE
On July 3, 2018 CBP sent out CSMS 18-000421 “Identifying Antidumping and Countervailing Duty Order Third Country Case Numbers in ACE” stating in part that Antidumping and Countervailing Duty (AD/CVD) orders generally cover products from the country identified in the AD/CVD order.
In some cases, however, merchandise produced in the country of an AD/CVD order may undergo further processing in a third country prior to export or sale to the U.S. Despite the further processing that occurs in the third country, the merchandise may remain subject to the AD/CVD order from the original country. In such circumstances, for AD/CVD purposes, these goods fall under the scope of the order of the original country, yet for Customs and Border Protection (CBP) purposes, these goods could be classified under the CBP country of origin of the third country where the further processing occurred.
The CSMS included the following example: Merchandise produced in China is further processed in Lithuania. After the further processing, the merchandise still falls under the antidumping duty Order on solar cells from China, but for CBP purposes, now has a CBP country of origin of Lithuania. In order for importers to properly report the import of this merchandise to CBP, Commerce created the third country case number A-451-988 to correspond to the antidumping duty Order on solar cells from China, and the CBP country of origin of Lithuania.
Importers need to review and identify any potential AD/CVD duty order third country case numbers and reach out to us with any questions you have regarding this or any other trade matter.
In some cases, however, merchandise produced in the country of an AD/CVD order may undergo further processing in a third country prior to export or sale to the U.S. Despite the further processing that occurs in the third country, the merchandise may remain subject to the AD/CVD order from the original country. In such circumstances, for AD/CVD purposes, these goods fall under the scope of the order of the original country, yet for Customs and Border Protection (CBP) purposes, these goods could be classified under the CBP country of origin of the third country where the further processing occurred.
The CSMS included the following example: Merchandise produced in China is further processed in Lithuania. After the further processing, the merchandise still falls under the antidumping duty Order on solar cells from China, but for CBP purposes, now has a CBP country of origin of Lithuania. In order for importers to properly report the import of this merchandise to CBP, Commerce created the third country case number A-451-988 to correspond to the antidumping duty Order on solar cells from China, and the CBP country of origin of Lithuania.
Importers need to review and identify any potential AD/CVD duty order third country case numbers and reach out to us with any questions you have regarding this or any other trade matter.
