CBP Initial Determination Malaysia Transshipping February 2022 | Página 35

number Entry [ ] 3787

For this entry , MSW is listed as the manufacturer of wooden kitchen cabinets and / or QSP entered by Nio . ³¹⁴ While the invoice indicates this is a shipment of QSP , the packing list and bill of lading indicate it is wooden kitchen cabinets . ³¹⁵ The bill of lading and invoice numbers are ARKT2107009 , which suggests involvement by Ark Trans in this entry . ³¹⁶ The contract number

includes the same clause as Entry [ ] 4463 with respect to the China International Economic and Trade Arbitration Commission .

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An examination of the entry reveals consistencies between this entry and other record information with respect to the MSW Companies . Specifically , [ ^items ] have been [ ^activity ] in what appears to be an effort to [ ^activity ]. ³¹⁸ The boxes are labeled [ ^company ]. ³¹⁹ This reflects further efforts by Ark Trans and the MSW Companies to conceal the country of origin of merchandise entering the United States , which are covered by the Orders .

Summary

The Importers filed entries for QSP during the POI that identified Ever Stone or the MSW Companies as the manufacturers in Malaysia . Record evidence indicates that the MSW Companies source their QSP from China and have shifted their evasion schemes to include Agrostone and its related companies . Based on the Importers ’ responses to the CF28s , or lack of responses , and other evidence placed on the record by CBP , TRLED has determined there is reasonable suspicion that the Importers entered covered merchandise into the United States through evasion , by means of transshipment through Malaysia or by not declaring the correct entry type . Consequently , there is reasonable suspicion of evasion .

Enactment of Interim Measures

Based on the record evidence described above , CBP determines that reasonable suspicion exists that the Importers imported QSP into the United States from China that were transshipped through Malaysia , or misclassified QSP shipped from China , and should have been subject to the Orders . Therefore , CBP is imposing interim measures pursuant to this investigation . ³²⁰ Specifically , in accordance with 19 USC 1517 ( e )( 1-3 ), CBP shall :

( 1 ) suspend the liquidation of each unliquidated entry of such covered merchandise that entered on or after November 3 , 2021 , the date of the initiation of the investigation ; ( 2 ) pursuant to the Commissioner ’ s authority under 19 USC 1504 ( b ), extend the period for liquidating each unliquidated entry of such covered merchandise that entered before the date of the initiation of the investigation : November 3 , 2021 ; and

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See U . S . Importers Memo at Re-exported Entries , Entry 3787 .

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See 19 USC 1517 ( e ); see also 19 CFR 165.24 .

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