How Nine Days of Paprika Escaped Both Duties
The Commission voted on October 5 and Commerce issued both orders on October 8, by which point the antidumping clock had already run out and the countervailing clock had been dead since June. Entries of Indian oleoresin paprika made from September 29 through October 7 liquidate free of both duties, 124 days of entries liquidate free of the big one, and Synthite's importers are owed a refund this desk told you to expect the other way.
A drum of Indian oleoresin paprika that cleared a US port on October 2 owes nothing.
No countervailing duty. No antidumping duty. No suspension of liquidation holding the entry open while Commerce works out the number later.
Nine days of entries sit in that condition, September 29 through October 7, and the two orders Commerce issued on Thursday cannot reach back into them.
"Which entries does an order actually reach?"
The Commission Took Until October 5
The International Trade Commission filed its final determinations in Inv. Nos. 701-TA-771 and 731-TA-1755 on October 5, affirmative on both legs, with Commissioner Jason E. Kearns finding threat of material injury rather than present injury and Commissioner Samuel T. Negatu not participating. The views are in USITC Publication 5794.
Commerce published the resulting antidumping and countervailing duty orders three days later, at 91 FR 64344, applicable October 8.
And the respondents' own procedural choice decided what happened in between.
Back in March, Mane Kancor and Synthite asked Commerce to postpone the antidumping final and to extend provisional measures from four months to six, the swap 19 CFR 351.210(e) requires. Six months from the April 2 preliminary ran out on September 28.
So the dumping side went unsuspended on September 29, the Commission filed on October 5, and the Federal Register did the rest.
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