US Says Tire Entries Mistakenly Liquidated in CVD Case

The U.S. acknowledged on Aug. 16 that CBP mistakenly liquidated certain tire entries subject to an injunction from the Court of International Trade. Filing a status report, the government said the Commerce Department "took corrective action," telling CBP to "promptly return to unliquidated status any entries that had been inadvertently liquidated in violation of the Court’s order" (Titan Tire Corp. v. United States, CIT # 23-00233).

The injunction was issued in a suit on the 2021 review of the countervailing duty order on new pneumatic off-the-road tires from India and covered entries from various exporters, one of which was Balkrishna Industries. The exporter told the court it thought some of its entries were inadvertently liquidated in violation of the injunction order.

Commerce acknowledged that this was the case since a "clerical oversight" led to the liquidation instructions incidentally being delivered. The government lawyers said they "sincerely apologize for the inadvertent error" and intend to file a response to the exporter's letter to the court with a table identifying the liquidated entries.