Notice2022-03048
Oil Country Tubular Goods From the People's Republic of China: Initiation and Preliminary Results of Antidumping and Countervailing Duty Changed Circumstances Reviews
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 14, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is simultaneously initiating and issuing the preliminary results of the changed circumstances reviews of the antidumping and countervailing duty orders on oil country tubular goods (OCTG) from the People's Republic of China (China) to determine whether HLDS (B) Steel Sdn Bhd (HLDS (B)) and HLD Clark Steel Pipe Co., Inc. (HLD Clark) (collectively, HLD companies) are eligible to participate in a certification process because the HLD companies have preliminarily demonstrated that they can identify OCTG that they produced in either Brunei or the Philippines using non- Chinese hot-rolled steel. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 30 (Monday, February 14, 2022)</title>
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[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Notices]
[Pages 8230-8233]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03048]
[[Page 8230]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-943, C-570-944]
Oil Country Tubular Goods From the People's Republic of China:
Initiation and Preliminary Results of Antidumping and Countervailing
Duty Changed Circumstances Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is simultaneously
initiating and issuing the preliminary results of the changed
circumstances reviews of the antidumping and countervailing duty orders
on oil country tubular goods (OCTG) from the People's Republic of China
(China) to determine whether HLDS (B) Steel Sdn Bhd (HLDS (B)) and HLD
Clark Steel Pipe Co., Inc. (HLD Clark) (collectively, HLD companies)
are eligible to participate in a certification process because the HLD
companies have preliminarily demonstrated that they can identify OCTG
that they produced in either Brunei or the Philippines using non-
Chinese hot-rolled steel. We invite interested parties to comment on
these preliminary results.
DATES: Applicable February 14, 2022.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5760.
SUPPLEMENTARY INFORMATION:
Background
On November 26, 2021, Commerce found that imports of welded OCTG
completed in Brunei or the Philippines using inputs manufactured in
China are circumventing the antidumping and countervailing duty orders
on OCTG from China.\1\ In the Final Determinations, Commerce found that
welded OCTG ``assembled or completed in Brunei or the Philippines using
non-Chinese inputs is not subject to these circumvention inquiries,''
but because the HLD companies were ``unable to track welded OCTG to the
country of origin of inputs used in the production of welded OCTG,''
Commerce decided not to ``implement a certification process for welded
OCTG already suspended,'' and required ``cash deposits on all entries
of welded OCTG produced in either Brunei or the Philippines.'' \2\
However, Commerce indicated that ``producers and/or exporters in Brunei
or the Philippines may request reconsideration of our denial of the
certification process in a future segment of the proceeding, i.e., a
changed circumstances review or administrative review.'' \3\
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\1\ See Oil Country Tubular Goods from the People's Republic of
China: Final Affirmative Determinations of Circumvention, 86 FR
67443 (November 26, 2021) (Final Determinations); see also Certain
Oil Country Tubular Goods from the People's Republic of China:
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 75 FR 28551 (May 21, 2010); and Certain Oil
Country Tubular Goods from the People's Republic of China: Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 75 FR 3203 (January 20, 2010).
\2\ See Final Determinations, 86 FR 67444.
\3\ Id.
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On December 23, 2021, the HLD companies submitted changed
circumstances review requests, in which they claim that they are able
to identify and segregate welded OCTG made using non-Chinese hot-rolled
steel by either HLDS (B) in Brunei or HLD Clark in the Philippines and
then subsequently exported from either Brunei or the Philippines to the
United States.\4\ The HLD companies request that Commerce find them
eligible for certification of these welded OCTG as non-subject
merchandise. In response to Commerce's requests for additional
information, the HLD companies submitted their supplemental responses
on January 18, 2022,\5\ and January 24, 2022.\6\
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\4\ See HLD Companies' Letters, ``Request for Changed
Circumstances Review,'' dated December 23, 2021 (CCR Request), and
``First Supplemental Questionnaire Response'' dated January 18, 2022
(First Supplemental Response).
\5\ See First Supplemental Response.
\6\ See HLD Companies' Letter, ``Second Supplemental
Questionnaire Response,'' dated January 24, 2022 (Second
Supplemental Response).
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Scope of the Orders
The scope of these orders consists of certain OCTG, which are
hollow steel products of circular cross-section, including oil well
casing and tubing, of iron (other than cast iron) or steel (both carbon
and alloy), whether seamless or welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or threaded and coupled) whether or
not conforming to American Petroleum Institute (API) or non-API
specifications, whether finished (including limited service OCTG
products) or unfinished (including green tubes and limited service OCTG
products), whether or not thread protectors are attached. The scope of
the orders also covers OCTG coupling stock. Excluded from the scope of
the orders are casing or tubing containing 10.5 percent or more by
weight of chromium; drill pipe; unattached couplings; and unattached
thread protectors.
The merchandise covered by the orders is currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under item
numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
The OCTG coupling stock covered by the orders may also enter under
the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, and 7304.59.80.80.
The HTSUS subheadings are provided for convenience and customs
purposes only; the written description of the scope of the orders is
dispositive.
Initiation of Changed Circumstances Reviews
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216(d), Commerce will conduct a changed
circumstances review upon receipt of a request from an interested party
or receipt of information concerning an antidumping and/or
countervailing duty order which shows changed circumstances sufficient
to warrant a review of the order. In accordance with 19 CFR 351.216(d),
[[Page 8231]]
Commerce finds that the HLD companies provided sufficient information
to initiate the changed circumstances reviews. Therefore, we are
initiating the changed circumstances reviews pursuant to sections
751(b)(1) of the Act and 19 CFR 351.216(d) to determine whether the HLD
companies are: (1) Able to identify welded OCTG produced by either HLDS
(B) in Brunei or HLD Clark in the Philippines using non-Chinese hot-
rolled steel and exported from either Brunei or the Philippines to the
United States; and (2) eligible for the certification process.
Preliminary Results of Changed Circumstances Reviews
Commerce is conducting these changed circumstances reviews in
accordance with sections 751(b)(1) of the Act. We preliminarily
determine that, since the publication of the Final Determinations, the
HLD companies have demonstrated in their changed circumstances review
requests that they are able to identify and segregate welded OCTG
produced by either HLDS (B) in Brunei or HLD Clark in the Philippines
using non-Chinese hot-rolled steel and exported from either Brunei or
the Philippines to the United States.
The HLD companies claim that, right after the Preliminary
Determinations, they implemented ``changes for separating hot-rolled
steel of Chinese-origin from hot-rolled steel of non-Chinese-origin,
and finished pipes produced using hot-rolled steel from Chinese-origin
and non-Chinese-origin, both physically and in the HLD Companies'
accounting records.'' \7\ To support these claims, the HDL companies
provided company resolutions detailing the implementations of these
changes.\8\
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\7\ See CCR Request at 4; see also Oil Country Tubular Goods
from the People's Republic of China: Preliminary Affirmative
Determinations of Circumvention, 86 FR 43627, 43629 (August 10,
2021) (signed on August 4, 2021) (Preliminary Determinations).
\8\ See CCR Request at Exhibit 2.
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The HLD companies claim that they now store: (1) Chinese hot-rolled
steel and non-Chinese hot-rolled steel separately in separate storage
zones in their production facilities; and (2) welded OCTG produced
using Chinese hot-rolled steel and welded OCTG produced using non-
Chinese hot-rolled steel in separate storage zones in their production
facilities.\9\ To support these assertions, the HLD companies provided
photos of these storage zones and the blueprints of the production
facilities with identification of specific storage zones.\10\
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\9\ Id. at 4.
\10\ Id. at 4 and Exhibits 3 and 4 for HLD Clark and HLDS (B),
respectively.
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The HLD companies explain that it has been their business practice
to mark OCTG with the heat number of the steel mill that produced the
hot-rolled steel, in accordance with the OCTG industry's traceability
requirements. The HLD companies claim that, in addition to the heat
number, they began to mark OCTG with the bill of lading number of their
imported hot-rolled steel to enhance the traceability of the country of
origin of each hot-rolled steel.\11\ To support these claims, the HLD
companies provided photos of finished OCTG with these markings.\12\
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\11\ Id. at 4-5.
\12\ Id. at Exhibit 5; see also First Supplemental Response at 2
and Exhibit SQ1-3. Because HLDS (B) has not recently made any sales
of OCTG, it alternatively provided a photo of non-OCTG pipes to
support its assertion. See First Supplemental Response at 2; and
Second Supplemental Response at 1 and Exhibit SQ2-2.
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The HLD companies claim that they maintain separate production
records that track finished OCTG produced using Chinese hot-rolled
steel and finished OCTG produced using non-Chinese hot-rolled
steel.\13\ The HLD companies claim that they each record: ``(i) the
Chinese and non-Chinese hot-rolled steel under separate raw material
accounts; (ii) finished pipes produced using Chinese and non-Chinese
hot-rolled steel under separate finished goods accounts; and (iii)
sales of pipes from Chinese and non-Chinese hot-rolled steel under
separate export sales accounts.'' \14\ To support these claims, the HLD
companies provided mill certificate traces and accounting records
screenshots.\15\
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\13\ See CCR Request at 5 and Exhibits 6 and 7.
\14\ Id. at 5 and Exhibits 8 and 9; see also First Supplemental
Response at 1-3 and Exhibits SQ1-4--SQ1-10.
\15\ See CCR Request at 5-7 and Exhibit 10; see also First
Supplemental Response at 1-3 and Exhibits SQ1-2, SQ1-4--SQ1-10; and
Second Supplemental Response at 1 and Exhibits SQ2-1 and SQ2-3.
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We have examined the information provided by the HLD companies, and
we preliminarily find that the HLD companies are now able to identify
and effectively segregate welded OCTG produced by either HLDS (B) in
Brunei or HLD Clark in the Philippines using non-Chinese hot-rolled
steel from other OCTG produced at their facilities.
If these preliminary results are adopted in our final results of
these changed circumstances reviews, effective on the publication date
of our final results, the HLD companies and their importers will be
eligible, where appropriate, to certify that welded OCTG produced by
either HLDS (B) in Brunei or HLD Clark in the Philippines and exported
from either Brunei or the Philippines were produced using non-Chinese
hot-rolled steel. OCTG entering the United States with such
certification will not be subject to suspension of liquidation and a
requirement to post cash deposits of estimated antidumping and
countervailing duties. The draft certification language is attached as
an appendix to this notice. Interested parties are invited to comment
on the draft certification language in their case briefs.
Suspension of Liquidation and Certification Requirements
In accordance with 19 CFR 351.225(l)(3), if the final results of
these reviews remain unchanged from the preliminary results, the
suspension of liquidation instructions will remain in effect until
further notice. Commerce will direct CBP to suspend liquidation and to
require a cash deposit of estimated duties on unliquidated entries of
welded OCTGs produced (i.e., assembled or completed) by either HLDS (B)
in Brunei or HLD Clark in the Philippines using Chinese hot-rolled
steel and exported from either Brunei or the Philippines that were
entered, or withdrawn from warehouse, for consumption on or after the
date of initiation of the changed circumstances reviews.
Welded OCTG produced by either HLDS (B) in Brunei or HLD Clark in
the Philippines using non-Chinese hot-rolled steel and exported from
either Brunei or the Philippines are not subject to the antidumping and
countervailing duty orders on OCTG from China. However, imports of such
merchandise are subject to certification requirements, and cash
deposits may be required if the certification requirements are not
satisfied. Accordingly, if an importer enters welded OCTG produced by
either HLDS (B) in Brunei or HLD Clark in the Philippines and exported
from either Brunei or the Philippines and claims that the welded OCTG
was produced from non-Chinese hot-rolled steel, in order not to be
subject to cash deposit requirements, the importer and exporter are
required to meet the certification and documentation requirements
described herein and in the certifications contained in the appendix.
Where no certification is provided for an entry of welded OCTG produced
by either HLDS (B) in Brunei or HLD Clark in the Philippines and
exported from either Brunei or the Philippines to the United States,
the antidumping and countervailing duty orders on OCTG from China apply
to that entry and Commerce intends to instruct CBP to
[[Page 8232]]
suspend the entry and collect cash deposits of estimated antidumping
duties equal to the rate established for the China-wide entity, i.e.,
99.14 percent,\16\ and cash deposits of estimated countervailing duties
equal to the current all-others rate, i.e., 27.08 percent.\17\
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\16\ See Oil Country Tubular Goods from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2017-2018, 84 FR 32125, 32126 (July 5, 2019).
\17\ See Oil Country Tubular Goods from the People's Republic of
China: Notice of Court Decision Not in Harmony With the Amended
Final Determination of the Countervailing Duty Investigation, 82 FR
25770 (June 5, 2017).
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For shipments and/or entry summaries made on or after the date of
publication of the initiation of the changed circumstances reviews
through 30 days after the date of publication of the final results of
these changed circumstances reviews for which certifications are
required, importers and exporters should complete the required
certification within 30 days after the publication of the final results
of these changed circumstances reviews in the Federal Register.
Accordingly, where appropriate, the relevant item in the certification
should be modified to reflect that the certification was completed
within the time frame specified above. For such entries/shipments,
importers and exporters each have the option to complete a blanket
certification covering multiple entries/shipments, individual
certifications for each entry/shipment, or a combination thereof. For
shipments and/or entries made on or after 31 days after the date of
publication of the final results of these changed circumstances reviews
in the Federal Register, for which certifications are required,
importers should complete the required certification at or prior to the
date of entry summary, and exporters should complete the required
certification and provide it to the importer at or prior to the date of
shipment.
Public Comment
Interested parties may submit case briefs no later than 14 days
after the publication of this notice.\18\ Rebuttal briefs, which must
be limited to issues raised in case briefs, may be filed not later than
seven days after the deadline for filing case briefs.\19\ Commerce has
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\20\ Parties who
submit case briefs or rebuttal briefs in these changed circumstances
reviews are requested to submit with each argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities. Interested parties that wish to request a hearing must
submit a written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS, within 14 days of
publication of this notice.\21\ The hearing request should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a date and time to be determined. Parties should confirm
by telephone the date and time of the hearing two days before the
scheduled date.
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\18\ See 19 CFR 351.309(c)(1)(ii). (``Any interested party . . .
may submit a `case brief' within . . . 30 days after the date of
publication of the preliminary results of {a changed
circumstances{time} review, unless the Secretary alters the time
limit . . . '') (Emphasis added).
\19\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'')
\20\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\21\ See 19 CFR 351.310(c) (``Any interested party may request
that the Secretary hold a public hearing on arguments to be raised
in case or rebuttal briefs within 30 days after the date of
publication of the . . . preliminary results of review, unless the
Secretary alters this time limit . . .'') (Emphasis added); see also
19 CFR 351.303 for general filing requirements.
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All submissions, with limited exceptions, must be filed
electronically using Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. An
electronically filed document must be received successfully in its
entirety by no later than 5:00 p.m. Eastern Time on the date the
document is due.
Notifications to Interested Parties
Consistent with 19 CFR 351.216(e), we intend to issue the final
results of these changed circumstances reviews no later than 270 days
after the date on which these reviews were initiated, or within 45 days
after the publication of the initiation and preliminary results if all
parties in these changed circumstances reviews agree to our preliminary
results. The final results will include Commerce's analysis of issues
raised in any written comments.
We are issuing and publishing this notice of initiation and
preliminary results in accordance with sections 751(b)(1) and 777(i) of
the Act, 19 CFR 351.216, and 19 CFR 351.221(c)(3)(i).
Dated: February 7, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Exporter Certification
Special Instructions: The party that made the sale to the United
States should fill out the exporter certification. Only parties that
exported welded OCTG produced by either HLDS (B) Steel Sdn. Bhd. in
Brunei or HLD Clark Steel Pipe Co., Inc. in the Philippines are
eligible for this certification process.
I hereby certify that:
A. My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF EXPORTING COMPANY{time} , located at
{ADDRESS{time} ;
B. I have direct personal knowledge of the facts regarding the
production and exportation of the welded oil country tubular goods
(OCTG) identified below. ``Direct personal knowledge'' refers to
facts the certifying party is expected to have in its own books and
records. For example, an exporter should have direct personal
knowledge of the producer's identity and location.
C. Welded OCTG produced in either Brunei or the Philippines and
covered by this certification were not manufactured using hot-rolled
steel produced in the People's Republic of China (China).
D. This certification applies to the following sales to {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .
(repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Producer Name:
Producer's Address:
Producer's Invoice # to Foreign Seller: (If the foreign seller
and the producer are the same party, put NA here.)
E. The welded OCTG covered by this certification were shipped to
{NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} , located
at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} .
F. I understand that {NAME OF EXPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, mill certificates, production
records, invoices, etc.) for the later of (1) a period of five years
from the date of entry or (2) a period of three years after the
conclusion of any litigation in the United States courts regarding
such entries.
G. I understand that {NAME OF EXPORTING COMPANY{time} must
provide a copy of this Exporter Certification to the U.S. importer
by the date of shipment.
H. I understand that {NAME OF EXPORTING COMPANY{time} is
required to provide a copy of this certification and
[[Page 8233]]
supporting records, upon request, to U.S. Customs and Border
Protection (CBP) and/or the Department of Commerce (Commerce).
I. I understand that the claims made herein, and the
substantiating documentation are subject to verification by CBP and/
or Commerce.
J. I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein,
and/or failure to allow CBP and/or Commerce to verify the claims
made herein, may result in a de facto determination that all sales
to which this certification applies are within the scope of the
antidumping and countervailing duty orders on welded OCTG from
China. I understand that such finding will result in:
1. Suspension of all unliquidated entries (and entries for which
liquidation has not become final) for which these requirements were
not met; and
2. the requirement that the importer post applicable antidumping
and countervailing duty cash deposits (as appropriate) equal to the
rates as determined by Commerce; and
3. the revocation of {NAME OF EXPORTING COMPANY{time} 's
privilege to certify future exports of welded OCTG from either
Brunei or the Philippines as not manufactured using hot-rolled steel
from China.
K. This certification was completed at or prior to the date of
shipment;
L. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
Importer Certification
I hereby certify that:
A. My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I am
an official of {NAME OF IMPORTING COMPANY{time} , located at {ADRESS
OF IMPORTING COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of
welded oil country tubular goods (OCTG) produced in either Brunei or
the Philippines that entered under entry summary number(s)
identified below and are covered by this certification. ``Direct
personal knowledge'' refers to facts the certifying party is
expected to have in its own records. For example, the importer
should have direct personal knowledge of the importation of the
product (e.g., the name of the exporter) in its records.
C. If the importer is acting on behalf of the first U.S.
customer, complete this paragraph, if not put ``NA'' at the end of
this paragraph: Welded OCTG covered by this certification were
imported by {NAME OF IMPORTING COMPANY{time} on behalf of {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .
D. Welded OCTG covered by this certification were shipped to
{NAME OF PARTY TO WHOM MERCHANDISE WAS FIRST SHIPPED IN THE UNITED
STATES{time} , located at {ADDRESS OF SHIPMENT{time} .
E. I have personal knowledge of the facts regarding the
production of the welded OCTG identified below. ``Personal
knowledge'' includes facts obtained from another party, (e.g.,
correspondence received by the importer (or exporter) from the
producer regarding the country of manufacture of the imported
products).
F. Welded OCTG covered by this certification were not
manufactured using hot-rolled steel produced in the People's
Republic of China (China).
G. This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #: Foreign Seller:
Foreign Seller's Address: Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer:
Producer's Address:
H. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, mill certificates, production
records, invoices, etc.) for the later of (1) a period of five years
from the date of entry, or (2) a period of three years after the
conclusion of any litigation in the United States courts regarding
such entries.
I. I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide this certification and supporting records to
U.S. Customs and Border Protection (CBP) and/or the Department of
Commerce (Commerce), upon request by the respective agency.
J. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of the exporter's certification
(attesting to the production and/or export of the imported
merchandise identified above), and any supporting records provided
by the exporter to the importer, for the later of (1) a period of
five years from the date of entry or (2) a period of three years
after the conclusion of any litigation in United States courts
regarding such entries.
K. I understand that {NAME OF IMPORTING COMPANY{time} is
required, upon request, to provide a copy of the exporter's
certification and any supporting records provided by the exporter to
the importer, to CBP and/or Commerce.
L. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
M. I understand that failure to maintain the required
certifications, and/or failure to substantiate the claims made
herein, and/or failure to allow CBP and/or Commerce to verify the
claims made herein, may result in a de facto determination that all
entries to which this certification applies are within the scope of
the antidumping and countervailing duty orders on welded OCTG from
China. I understand that such finding will result in:
1. Suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
2. the requirement that the importer post applicable antidumping
and countervailing duty cash deposits (as appropriate) equal to the
rates determined by Commerce; and
3. the revocation of {NAME OF IMPORTING COMPANY{time} 's
privilege to certify future imports of welded OCTG from either
Brunei or the Philippines as not manufactured using hot-rolled steel
from China.
N. I understand that agents of the importer, such as brokers,
are not permitted to make this certification. Where a broker or
other party was used to facilitate the entry process, {NAME OF
IMPORTING COMPANY{time} obtained the entry summary number and date
of entry summary from that party.
O. This certification was completed at or prior to the date of
entry summary.
P. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
[FR Doc. 2022-03048 Filed 2-11-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 14, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.