Notice2022-16307
Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Scope Determination and Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders
Primary source
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Published
July 29, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain hardwood plywood products and veneered panels (hardwood plywood) exported from the Socialist Republic of Vietnam (Vietnam), which were assembled in Vietnam using hardwood plywood inputs sourced from the People's Republic of China (China) are products of China and are subject to the antidumping duty (AD) and countervailing duty (CVD) orders on hardwood plywood from China. Additionally, Commerce preliminarily determines that certain hardwood plywood assembled in Vietnam using hardwood plywood inputs sourced from China are circumventing the AD and CVD orders on hardwood plywood from China.
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<title>Federal Register, Volume 87 Issue 145 (Friday, July 29, 2022)</title>
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[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Notices]
[Pages 45753-45758]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16307]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051, C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Preliminary Scope Determination and Affirmative Preliminary
Determination of Circumvention of the Antidumping and Countervailing
Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain hardwood plywood products and veneered panels
(hardwood plywood) exported from the Socialist Republic of Vietnam
(Vietnam), which were assembled in Vietnam using hardwood plywood
inputs sourced from the People's Republic of China (China) are products
of China and are subject to the antidumping duty (AD) and
countervailing duty (CVD) orders on hardwood plywood from China.
Additionally, Commerce preliminarily determines that certain hardwood
plywood assembled in Vietnam using hardwood plywood inputs sourced from
China are circumventing the AD and CVD orders on hardwood plywood from
China.
DATES: Applicable July 29, 2022.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2593.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2018, Commerce issued the Orders on imports of
hardwood plywood from China.\1\ On February 25, 2020, the Coalition for
Fair Trade in Hardwood Plywood (the petitioner) alleged that imports of
hardwood plywood that was assembled in Vietnam using core veneers,
multi-ply core veneered panels, and/or veneer core platforms sourced
from China are circumventing the Orders.\2\ In their allegation, the
petitioner requested that Commerce issue a scope ruling that certain
hardwood plywood completed in Vietnam using hardwood plywood inputs
manufactured in China, and imported into the United States as
Vietnamese-origin plywood is within the scope of the Orders. In the
alternative, the petitioner requested that Commerce initiate an anti-
circumvention inquiry, pursuant to section 781(b) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.225(h),\3\ to determine
whether these products constitute merchandise completed or assembled in
a third country that is circumventing, and should be included within,
the scope of the Orders.
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\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018);
and Certain Hardwood Plywood Products from the People's Republic of
China: Countervailing Duty Order, 83 FR 513 (January 4, 2018)
(collectively, the Orders).
\2\ See Petitioner's Letter, ``Certain Hardwood Plywood Products
from The People's Republic of China: Request from Scope Ruling/Anti-
Circumvention ruling,'' dated February 25, 2020 (Petitioner's
Request).
\3\ Commerce significantly revised its scope regulations on
September 20, 2021, with an effective date of November 4, 2021. See
Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021). The
amendments to 19 CFR 351.225 apply to scope inquiries for which a
scope ruling application is filed, as well as any scope inquiry
self-initiated by Commerce, on or after November 4, 2021. The newly
promulgated 19 CFR 351.226 applies to circumvention inquiries for
which a circumvention request is filed, as well as any circumvention
inquiry self-initiated by Commerce, on or after November 4, 2021. We
note that these scope and circumvention inquiries were initiated
prior to the effective date of the new regulations, and, thus, any
reference to the regulations is to the prior version of the
regulations.
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On June 17, 2020, Commerce published in the Federal Register the
notice of initiation of these scope and anti-circumvention
inquiries.\4\ In that notice Commerce explained that it intended to
examine the scope inquiry request filed by the petitioner under 19 CFR
351.225(c) as part of this anti-circumvention inquiry, and that we will
make a final finding with regard to the scope inquiry to determine
whether any of the production scenarios identified by the petitioner
are already properly considered subject to the scope of the Orders.\5\
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\4\ See Certain Hardwood Plywood Products from the People's
Republic of China: Initiation of Anti-circumvention Inquiries and
Scope Inquiries on the Antidumping Duty and Countervailing Duty
Orders; Vietnam Assembly, 85 FR 36530 (June 17, 2020) (Initiation
Notice).
\5\ Id., 85 FR at 36533.
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On April 15, 2022, Commerce extended the deadline to issue a final
determination in these inquiries to October 17, 2022.\6\ For a complete
description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\7\ A list of
topics included in the Preliminary Decision Memorandum is included as
Appendix I to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\6\ See Memorandum, ``Extension of Deadline,'' dated April 18,
2022.
\7\ See Memorandum, ``Preliminary Decision Memorandum for the
Anti-Circumvention and Scope Inquiries on the Antidumping Duty and
Countervailing Duty Orders on Certain Harwood Plywood Products from
the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Orders
The products subject to these Orders are hardwood and decorative
plywood, and certain veneered panels. For a full description of the
scope, see the Preliminary Decision Memorandum.
Merchandise Subject to the Scope and Anti-Circumvention Inquiries
These scope and anti-circumvention inquiries cover hardwood plywood
[[Page 45754]]
exported to the United States that was completed in Vietnam using: (1)
face/back veneers and assembled core components (e.g., veneer core
platforms) manufactured in China; (2) fully assembled veneer core
platforms manufactured in China and face/back veneer produced in
Vietnam or third countries; (3) multi-ply panels of glued core veneers
manufactured in China and combined in Vietnam to produce veneer core
platforms and combined with either face and/or back veneer produced in
China, Vietnam, or a third country; (4) face/back veneers and
individual core veneers produced in China; and (5) individual core
veneers manufactured in China and processed into a veneer core platform
\8\ in Vietnam and combined with face/back veneer produced in Vietnam
or a third country.
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\8\ A veneer core platform is defined as two or more wood
veneers that form the core of an otherwise completed hardwood
plywood product (i.e., a hardwood plywood product to which the outer
(face and back) veneers have not yet been affixed). See Petitioner's
Request at Exhibit 11.
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Scope Determination
As detailed in the Preliminary Decision Memorandum, we
preliminarily determine that hardwood plywood produced under three of
the five production scenarios that are subject to these inquiries are
covered by the scope of the Orders. Specifically, these in-scope
products include hardwood plywood exported to the United States that is
composed of: (1) face veneer, back veneer, and assembled core
components (e.g., veneer core platforms) manufactured in China and
assembled in Vietnam; (2) fully assembled veneer core platforms
manufactured in China that are combined in Vietnam with face and/or
back veneers produced in Vietnam or third countries; and (3) multi-ply
panels of glued core veneers manufactured in China that are combined in
Vietnam to produce veneer core platforms and combined with either a
face and/or back veneer produced in China, Vietnam, or a third country.
In reaching this determination we relied, in part, on our recent
Finewood Scope Ruling, in which we determined that the country of
origin of plywood is imparted at the location where the veneers are
first glued/assembled,\9\ as well as additional record evidence and
analysis.\10\
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\9\ See Memorandum, ``Placing Documents Relevant to this
Proceeding on the Record,'' dated February 18, 2022, at Attachment
(Memorandum, ``Antidumping Duty and Countervailing Duty Orders on
Certain Hardwood Plywood Products from the People's Republic of
China, Enforcement and Protect Act (EAPA) Investigation No. 7252:
Final Scope Ruling,'' dated January 21, 2022 (Finewood Scope
Ruling)).
\10\ See Preliminary Decision Memorandum.
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As a result, we preliminarily determine that this merchandise is
within the Orders and will instruct U.S. Customs and Border Protection
(CBP) to suspend entries of hardwood plywood from Vietnam, which were
assembled in Vietnam under the three production scenarios above. To
administer this preliminary affirmative scope determination, exporters
and importers of hardwood plywood completed in Vietnam using non-
Chinese origin hardwood plywood inputs will be permitted to certify
that the exported products were not produced under any of the three
scenarios that result in subject merchandise. If an importer files such
certifications, it will be required to maintain those certifications
and supporting documentation to provide to CBP and/or Commerce upon
request.\11\ Properly certified entries are not subject to AD and CVD
duties under the Orders. Exemption from AD and CVD duties under the
Orders is permitted only if the certification and documentation
requirements specified in Appendix II are met.
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\11\ The importer certification is provided at Appendix III and
the exporter certification is provided at Appendix IV.
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Affirmative Preliminary Determination of Circumvention
As detailed in the Preliminary Decision Memorandum, we
preliminarily determine that products produced under the remaining two
of the five production scenarios that are subject to these inquiries
are circumventing the Orders. Specifically, these products include
hardwood plywood exported to the United States that was assembled in
Vietnam and composed of: (1) face/back veneers and individual core
veneers produced in China; and (2) individual core veneers manufactured
in China and processed into a veneer core platform in Vietnam and
combined with face/back veneer produced in Vietnam or a third country.
As a result, we preliminarily determine that it is also appropriate
to include this merchandise within the Orders and to instruct CBP to
suspend entries of hardwood plywood from Vietnam, which were assembled
in Vietnam under the two production scenarios above. To administer this
preliminary affirmative determination of circumvention, exporters and
importers of hardwood plywood completed in Vietnam using non-Chinese
origin hardwood plywood inputs will be permitted to certify that the
exported products were not produced under either of the two scenarios
that result in merchandise circumventing the Orders. As noted above, if
an importer files such certifications, it will also be required to
maintain the certifications and supporting documentation to provide to
CBP and/or Commerce upon request.\12\ Properly certified entries are
not subject to AD and CVD duties under the Orders. Exemption from AD
and CVD duties under the Orders is permitted only if the certification
and documentation requirements specified in Appendix II are met.
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\12\ The importer certification is provided at Appendix III and
the exporter certification is provided at Appendix IV.
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Methodology
Commerce made these preliminary scope and circumvention findings in
accordance with section 781(b) of the Act and 19 CFR 351.225(g). We
relied on information placed on the record by the petitioner and the
Government of Vietnam, and information we placed on the record. We also
relied on the facts available under section 776(a) of the Act,
including facts available with adverse inferences under section 776(b)
of the Act, where appropriate.
In particular, we requested information from numerous companies in
Vietnam in conducting these inquiries. While we received responses from
the majority of these companies, 14 companies failed to respond to our
initial questionnaire and/or a supplemental questionnaire and an
additional 22 companies provided information that either contained
significant discrepancies and inconsistencies or was misleading.\13\
Therefore, we preliminarily find that these 36 companies withheld
information, failed to provide information by the deadline or in the
form and manner requested, and significantly impeded these inquiries.
Thus, we find that they failed to cooperate to the best of their
abilities; thereby, we have used adverse inferences when selecting from
among the facts otherwise available on the record for certain aspects
of this preliminary determination, pursuant to sections 776(a) and (b)
of the Act. As adverse facts available, we have preliminarily
determined that these 36 companies produce hardwood plywood under all
five of the production scenarios subject to these inquiries.
Additionally, we preliminarily determine that these 36 companies \14\
are precluded from participating in the certification program we are
establishing for applicable exports of
[[Page 45755]]
hardwood plywood from Vietnam. For a full description of the
methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
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\13\ See Appendix V for a list of companies that either failed
to respond to our requests for information or provided unreliable
information.
\14\ Id.
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Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(2), for entries of hardwood
plywood from Vietnam that were produced under any of the three
production scenarios that we preliminarily determined are subject
merchandise, Commerce will instruct CBP to continue to suspend
liquidation and require a cash deposit of estimated duties, at the
applicable rate, that are entered, or withdrawn from warehouse, for
consumption on or after June 17, 2020, the date of publication of
initiation of the scope inquiries in the Federal Register.\15\
Similarly, for entries of hardwood plywood from Vietnam that were
produced under either of the two production scenarios that we
preliminarily determined are circumventing the Orders, and therefore
should be included within the Orders, we will instruct CBP to suspend
liquidation and require a cash deposit of estimated duties, at the
applicable rates, that are entered, or withdrawn from warehouse, for
consumption on or after June 17, 2020, the date of publication of
initiation of the anti-circumvention inquiries in the Federal
Register.\16\
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\15\ See Initiation Notice.
\16\ Id.
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Where companies subject to these inquiries have their own company-
specific rate under the Orders, the cash deposit rate will be the
company-specific rate. Otherwise, Commerce will instruct CBP to require
AD cash deposits equal to the China-wide rate of 183.36 percent and CVD
cash deposits equal to the all-others rate of 22.98 percent.
Hardwood plywood assembled in Vietnam under scenarios other than
the five production scenarios identified above are not subject to these
inquiries. Therefore, cash deposits are not required for such
merchandise, subject to the following certification requirements.\17\
Note that, as further described below, the 36 non-cooperative exporters
listed in Appendix V are not eligible to participate in this
certification program.\18\
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\17\ See Appendix II for the certification requirements and
Appendix III for the importer certification.
\18\ See Preliminary Decision Memorandum at ``Use of Facts
Available with an Adverse Inference''; and, e.g., Anti-circumvention
Inquiry of the Antidumping Duty Order on Certain Pasta from Italy:
Affirmative Preliminary Determination of Circumvention of the
Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998),
unchanged in Anti-Circumvention Inquiry of the Antidumping Duty
Order on Certain Pasta from Italy: Affirmative Final Determination
of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675-
76 (October 13, 1998).
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If an importer of hardwood plywood assembled in Vietnam claims that
the hardwood plywood was not produced using any of the Chinese hardwood
plywood input scenarios subject to these inquiries, the importer and
exporter must meet the certification and documentation requirements
described in Appendix II. An exporter of hardwood plywood assembled in
Vietnam claiming that its hardwood plywood was not produced using any
of the Chinese hardwood plywood input scenarios subject to these
inquiries must prepare and maintain an Exporter Certification and
documentation supporting the exporter certification (see Appendix IV).
In addition, importers of such hardwood plywood must prepare and
maintain an importer certification (see Appendix III) as well as
documentation supporting the importer certification. Besides the
importer certification, the importer must also maintain a copy of the
exporter certification (see Appendix IV), and relevant supporting
documentation from its exporter of hardwood plywood assembled in
Vietnam that was not produced using any of the Chinese hardwood plywood
input scenarios subject to these inquiries.
Verification
As provided in 19 CFR 351.307, Commerce intends to verify
information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Commerce will
notify interested parties of the timeline for the submission of case
briefs and written comments at a later date. Rebuttal briefs, limited
to issues raised in case briefs, may be submitted no later than seven
days after the deadline for case briefs.\19\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in these scope and anti-circumvention inquiries are encouraged
to submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\20\
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\19\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\20\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
International Trade Commission Notification
Commerce, consistent with section 781(e) of the Act, has notified
the International Trade Commission (ITC) of this preliminary
determination to include the merchandise subject to these anti-
circumvention inquiries within the Orders. Pursuant to section 781(e)
of the Act, the ITC may request consultations concerning Commerce's
proposed inclusion of the inquiry merchandise. If, after consultations,
the ITC believes that a significant injury issue is presented by the
proposed inclusion, it will have 60 days from the date of notification
by Commerce to provide written advice.
Notification to Interested Parties
This determination is issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.225(f) and (h).
Dated: July 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Scope and Anti-Circumvention
Inquiries
V. Period of the Scope and Anti-Circumvention Inquiries
VI. Statutory Framework
[[Page 45756]]
VII. Use of Facts Available with an Adverse Inference
VIII. Scope and Anti-Circumvention Determinations
IX. Country-Wide Determination
X. Certification Requirement
XI. Recommendation
Appendix II
Certification Requirements
If a company imports hardwood plywood from the Socialist
Republic of Vietnam (Vietnam) and claims that the hardwood plywood
was completed in Vietnam using a production scenario other than
those subject to these inquiries, the importer is required to
complete and maintain the importer certification, attached as
Appendix III, and retain all supporting documentation. The importer
is further required to maintain a copy of the exporter
certification, attached as Appendix IV, and retain all supporting
documentation. The importer certification must be completed, signed,
and dated by the time of filing of the entry summary for the
relevant importation. Where the importer uses a broker to facilitate
the entry process, it should obtain the entry summary number from
the broker. Agents of the importer, such as brokers, however, are
not permitted to make this certification on behalf of the importer.
The exporter is required to complete and maintain the exporter
certification, attached as Appendix IV, and is further required to
provide the importer a copy of that certification and all supporting
documentation (e.g., invoice, purchase order, production records,
etc.). The exporter certification must be completed, signed, and
dated by the time of shipment of the relevant entries (except as
noted below). The exporter certification should be completed by the
party selling the subject merchandise manufactured in Vietnam to the
United States.
The importer will not be required to submit the certifications
or supporting documentation to U.S. Customs and Border Protection
(CBP) as part of the entry process. However, the importer and
exporter will be required to present the certifications, and
supporting documentation, to the Department of Commerce and/or U.S.
Customs and Border Protection (CBP), as applicable, upon request by
the respective agency. Additionally, the claims made in the
certifications and any supporting documentation are subject to
verification by Commerce and/or CBP. The importer and exporter are
required to maintain the certifications and supporting documentation
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.
For hardwood plywood completed in Vietnam under the two
production scenarios subject to these inquiries that we have found
to be circumventing the Orders, Commerce has established the
following third-country case numbers in the Automated Commercial
Environment (ACE): A-552-006 and C-552-007.
If it is determined that the certification and/or documentation
requirements in a certification have not been met, Commerce intends
to instruct CBP to suspend, under the antidumping duty (AD) and
countervailing duty (CVD) Orders \21\ on hardwood plywood from the
People's Republic of China, A-570-051/C-570-052 or A-552-006/C-552-
007, all unliquidated entries for which these requirements were not
met and require the importer to post applicable AD and CVD cash
deposits equal to the rates as determined by Commerce. Entries
suspended under A-570-051/C-570-052 or A-552-006/C-552-007 will be
liquidated pursuant to applicable administrative reviews of the
Orders or through the automatic liquidation process.
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\21\ See Certain Hardwood Plywood Products from the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018);
and Certain Hardwood Plywood Products from the People's Republic of
China: Countervailing Duty Order, 83 FR 513 (January 4, 2018)
(collectively, the Orders).
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For entries suspended pursuant to the preliminary determination
of these scope and anti-circumvention inquiries that were shipped
and/or entered, or withdrawn from warehouse, for consumption during
the period, June 17, 2020 (the date of initiation of these scope and
anti-circumvention inquiries) through the date of publication of the
preliminary determination in the Federal Register, for which
certifications are required, the exporter certifications should be
completed as soon as practicable, but not later than 45 days after
publication of the preliminary determination in the Federal
Register. Accordingly, the relevant paragraph in the certification
should be edited to reflect that the certification was completed
within this time frame. Specifically, exporters should complete the
language in paragraph G in the exporter certification that reads:
``The shipments/products referenced herein shipped before mm/dd/
yyyy, the date on which Commerce published notice of its preliminary
scope and anti-circumvention findings in the Federal Register. This
certification was completed on mm/dd/yyyy, within 45 days of the
Federal Register notice publication.'' For such entries, exporters
each have the option to complete a blanket certification covering
multiple entries, individual certifications for each entry, or a
combination thereof. The exporter certifications should be
maintained by both the importer and exporter and provided to CBP or
Commerce only upon request by the respective agency. The exporter
must provide the importer a copy of the exporter certification
within 45 days of the publication of the preliminary determination
in the Federal Register.
For unliquidated entries (and entries for which liquidation has
not become final) of merchandise entered as non-AD/CVD type entries
(e.g. type 01) that were shipped and/or entered, or withdrawn from
warehouse, for consumption in the United States during the period,
June 17, 2020 (the date of initiation of these scope and anti-
circumvention inquiries) through the date of publication of the
preliminary determination in the Federal Register, manufactured
using any of the production scenarios subject to these inquiries,
importers should file a Post Summary Correction with CBP, in
accordance with CBP's regulations, regarding conversion of such
entries from non-AD/CVD type entries to AD/CVD type entries (e.g.,
type 01 to type 03). For such shipments, the exporter certifications
should be completed as soon as practicable, but not later than 45
days after publication of the preliminary determination in the
Federal Register. Importers should report those AD/CVD type entries
that were produced under production scenarios 1, 2, or 3, which we
have found to be covered by the scope of the Orders, under the case
numbers for the Orders on hardwood plywood from the People's
Republic of China, A-570-051/C-570-052. Importers should report
those AD/CVD type entries that were produced under production
scenarios 4 or 5, which we have found to be circumventing the
Orders, using the third-country case numbers, A-552-006/C-552-007.
Similarly, the importer should pay cash deposits on those entries
consistent with the regulations governing post summary corrections
that require payment of additional duties.
Appendix III
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
{ADDRESS 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 the
hardwood plywood completed in Vietnam 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) I have personal knowledge of the facts regarding the
production of the imported products covered by this certification.
``Personal knowledge'' includes facts obtained from another party,
(e.g., correspondence received by the importer (or exporter) from
the producer regarding the source of the hardwood plywood inputs
used to produce the imported products);
(D) 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 #:
Country of Origin of core veneers/veneered panels/veneer core
platforms:
(E) The hardwood plywood completed in Vietnam was not produced
under any of the production scenarios subject to these
certifications:
1. Face veneer, back veneer, and assembled core components
(e.g., veneer core platforms (see note below)) manufactured in China
and assembled in Vietnam;
[[Page 45757]]
2. Fully assembled veneer core platforms manufactured in China
that are combined in Vietnam with face and/or back veneers produced
in Vietnam or third countries;
3. Multi-ply panels of glued core veneers manufactured in China
that are combined in Vietnam to produce veneer core platforms and
combined with either a face and/or back veneer produced in China,
Vietnam, or a third country;
4. Face veneer, back veneer, and individual core veneers
produced in China and assembled into hardwood plywood in Vietnam;
and
5. Individual core veneers manufactured in China and processed
into a veneer core platform in Vietnam and combined with a face and/
or back veneer produced in Vietnam or other third country;
Note: A veneer core platform is defined as two or more wood
veneers that form the core of an otherwise completed hardwood
plywood product (i.e., a hardwood plywood product to which the outer
(face and back) veneers have not yet been affixed).
(F) I understand that {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, certificates of origin, production records,
invoices, USDA Plant and Plant Product Declaration Form 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 {IMPORTING COMPANY{time} is required to
provide this certification and supporting records, upon request, to
U.S. Customs and Border Protection (CBP) and/or the Department of
Commerce (Commerce);
(H) I understand that {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 supporting documentation, 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;
(I) I understand that {IMPORTING COMPANY{time} is required to
maintain and provide a copy of the exporter's certification and
supporting documentation, upon request, to CBP and/or Commerce;
(J) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
(K) I understand that failure to maintain the required
certification and supporting documentation 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/countervailing duty
orders on hardwood plywood from China. I understand that such
finding will result in:
[cir] suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
[cir] the requirement that the importer post applicable
antidumping duty and/or countervailing duty cash deposits (as
appropriate) equal to the rates determined by Commerce; and
[cir] the revocation of {NAME OF IMPORTING COMPANY{time} 's
privilege to certify that future imports of hardwood plywood are not
produced under any of the production scenarios subject to these
certifications.
(L) I understand that agents of the importer, such as brokers,
are not permitted to make this certification;
(M) This certification was completed by the time of filing the
entry summary or within 45 days of the date on which Commerce
published notice of its preliminary scope and anti-circumvention
findings in the Federal Register; and
(N) 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{time}
{TITLE{time}
{DATE{time}
Appendix IV
EXPORTER CERTIFICATION
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
OF EXPORTING COMPANY{time} .
(B) I have direct personal knowledge of the facts regarding the
production and exportation in the Customs territory of the United
States of the hardwood plywood 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) The hardwood plywood completed in Vietnam was not produced
under any of the following production scenarios:
1. Face veneer, back veneer, and assembled core components
(e.g., veneer core platforms (see note below) manufactured in China
and assembled in Vietnam;
2. Fully assembled veneer core platforms manufactured in China
that are combined in Vietnam with face and/or back veneers produced
in Vietnam or third countries;
3. Multi-ply panels of glued core veneers manufactured in China
that are combined in Vietnam to produce veneer core platforms and
combined with either a face and/or back veneer produced in China,
Vietnam, or a third country;
4. Face veneer, back veneer, and individual core veneers
produced in China and assembled into hardwood plywood in Vietnam;
and
5. Individual core veneers manufactured in China and processed
into a veneer core platform in Vietnam and combined with a face and/
or back veneer produced in Vietnam or other third country;
Note: A veneer core platform is defined as two or more wood
veneers that form the core of an otherwise completed hardwood
plywood product (i.e., a hardwood plywood product to which the outer
(face and back) veneers have not yet been affixed).
(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's Invoice # to Foreign Seller: (If the foreign seller
and the producer are the same party, put NA here.)
Producer's Invoice # Foreign Seller: (If the foreign seller and
the producer are the same party, put NA here.)
Name of core veneers/veneered panel/veneer core platform
producer:
(E) The hardwood plywood products 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, 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 this Exporter Certification to the U.S. importer by the time
of shipment. {Or{time}
The shipments/products referenced herein shipped before the mm/
dd/yyyy, the date on which Commerce published notice of its
preliminary scope and anti-circumvention findings in the Federal
Register. This certification was completed on mm/dd/yyyy, within 45
days of the Federal Register notice publication;
(H) I understand that failure to maintain the required
certification and supporting documentation, 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 (AD)/countervailing duty
(CVD) orders on hardwood plywood from China. I understand that such
a finding will result in:
(i) suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met;
(ii) the requirement that the importer post applicable AD and/or
CVD cash deposits (as appropriate) equal to the rates as determined
by Commerce; and
(iii) the revocation of {NAME OF EXPORTING COMPANY{time} 's
privilege to
[[Page 45758]]
certify that future imports of hardwood plywood are not produced
under any of the production scenarios subject to these
certifications.
(J) This certification was completed at time of shipment or
within 45 days of the date on which Commerce published notice of its
preliminary scope and anti-circumvention findings in the Federal
Register;
(K) 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{time}
{TITLE{time}
{DATE{time}
Appendix V
Companies That Failed To Cooperate
1. An An Plywood Joint Stock Company
2. Arrow Forest International Co., Ltd
3. BAC Son Woods Processing Joint Stock Company
4. BHL Thai Nguyen Corp.
5. Eagle Industries Company Limited
6. Golden Bridge Industries Pte. Ltd.
7. Govina Investment Joint Stock Company
8. Greatriver Wood Co. Ltd.
9. Greatwood Hung Yen Joint Stock Company
10. Groll Ply and Cabinetry
11. Hai Hien Bamboo Wood Joint Stock Company
12. Her Hui Wood (Vietnam) Co., Ltd.
13. Hoang LAM Plywood Joint Stock Co.
14. Huong Son Wood Group Co., Ltd.
15. Innovgreen Thanh Hoa Co. Ltd.
16. Lechenwood Viet Nam Company Limited
17. Long LUU Plywood Production Co., Ltd.
18. Long Phat Construction Investment and Trade Joint Stock Company
19. Plywood Sunshine Ltd. Co.
20. Quang Phat Woods JSC
21. TEKCOM Corporation
22. Win Faith Trading
Companies That Failed To Respond
1. Bao Yen MDF Joint Stock Company
2. BHL Vietnam Investment and Development
3. Dong Tam Production Trading Company Limited
4. Greatwood Company Limited
5. Linwood Vietnam Co. Ltd
6. Quoc Thai Forestry Import Export Limited Company
7. Rongjia Woods Vietnam Company Limited
8. Sumec Huongson Wood Group Co. Ltd.
9. Tan Tien Co. Ltd
10. Thang Long Wood Panel Company Ltd.
11. Thanh Hoa Stone Export Company
12. Truong Son North Construction JSC
13. Vietind Co. Ltd.
14. Vietnam Golden Timber Company Limited
[FR Doc. 2022-16307 Filed 7-28-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 29, 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.