CBP Technical Reference: AD/CVD Suspension of Liquidation and Phase 1 CAPE Exclusion

Per the CBP Antidumping and Countervailing Duty Handbook, when Commerce issues an affirmative preliminary determination, it orders the suspension of liquidation of all entries of subject imports entered for consumption on or after the Federal Register publication date. Entries subject to AD/CVD pending liquidation instructions from the Department of Commerce are explicitly excluded from CAPE Phase 1 under 19 U.S.C. § 1504(d). These entries must wait for Phase 2. If Commerce later issues a negative final determination, it releases any bond or security and refunds cash deposits made to secure AD/CVD payments under Sections 706(b)(2) and 736(b)(2) of the Tariff Act.