China butt-weld fittings CMI Timken correction: Vietnam further processing still in scope
Commerce inserts Continuation of Suspension of Liquidation for China unfinished butt-weld fittings further processed in Vietnam, with Sept 26, 2022 and Nov 4, 2021 lookbacks.
Commerce corrects its August 28, 2026 Timken/CMI notice on certain carbon steel butt-weld pipe fittings from China (case A-570-814). The correction, applicable October 2, 2026 (91 FR 62700; FR Doc. 2026-20258), adds clear notice that liquidation of unfinished China fittings further processed in Vietnam will be retroactively suspended.
Unfinished China butt-weld fittings (cut to length and formed into rough shape in China) that finish in Vietnam stay under the China AD order. The Aug 28 Timken notice left the retroactive suspension language unclear. This correction inserts it.
What the Aug 28 notice already found
The prior notice (FR Doc. 2026-17621; 91 FR 55518) said the CIT's final judgment was not in harmony with Commerce's covered merchandise inquiry (CMI) determination. Commerce amended the CMI finding: products cut to length and formed into the rough shape of butt-weld pipe fittings in China are unfinished fittings covered by the Order, and when further processed in Vietnam they remain subject to the China AD order. What it did not clearly tell parties was that liquidation of those unfinished fittings will be retroactively suspended.
Continuation of Suspension of Liquidation (inserted text)
Commerce inserts a Continuation of Suspension of Liquidation paragraph before Liquidation of Suspended Entries. The affirmative in-scope finding is country-wide for products from the same country with the same relevant physical characteristics. Under 19 CFR 351.227(l)(3), Commerce will direct CBP to:
- (1) Continue suspension of previously suspended entries and apply the applicable cash deposit rate.
- (2) Suspend and cash-deposit each unliquidated entry not yet suspended, entered or withdrawn for consumption on or after September 26, 2022 (CMI initiation notice publication, 87 FR 58310).
- (3) Also suspend and cash-deposit unliquidated entries prior to September 26, 2022, but after November 4, 2021.
Corrects FR Doc. 2026-17621 (91 FR 55518, Aug 28, 2026)
Lookback window A: on/after Sept 26, 2022 (CMI initiation, 87 FR 58310)
Lookback window B: after Nov 4, 2021 and before Sept 26, 2022
Contact: Miranda Bourdeau, Office V
Vietnam-finished fittings with China unfinished upstream may need China AD cash deposits retroactively for the lookback windows above, including unliquidated entries that were never suspended. Pull BOM and processing records now. Map entry dates against Sept 26, 2022 and Nov 4, 2021. AD/CVD cash deposits remain generally outside drawback (AD/CVD drawback exclusion).
- Correction to the Aug 28, 2026 Timken/CMI notice (FR Doc. 2026-17621; 91 FR 55518) for China butt-weld pipe fittings A-570-814. Applicable Oct 2, 2026 (91 FR 62700; FR Doc. 2026-20258).
- Unfinished China fittings further processed in Vietnam remain subject to the China AD order.
- Prior notice did not clearly state that liquidation of these unfinished fittings will be retroactively suspended.
- Under 19 CFR 351.227(l)(3): continue prior suspensions; suspend/cash-deposit unliquidated entries on/after Sept 26, 2022; also after Nov 4, 2021 and before Sept 26, 2022.
- Vietnam-finished / China-upstream supply chains face retroactive China AD deposit risk. AD/CVD generally outside drawback.
- Certain Carbon Steel Butt-Weld Pipe Fittings From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Covered Merchandise Determination and Notice of Amended Covered Merchandise Determination Pursuant to Court Decision; Correction (91 FR 62700; FR Doc. 2026-20258) · International Trade Administration, Department of Commerce
This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.