Notice2022-19966
Stainless Steel Sheet and Strip From the People's Republic of China: Preliminary Scope Ruling and Preliminary Affirmative Determination of Circumvention for Exports From the Socialist Republic of Vietnam
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
September 15, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain stainless steel sheet and strip (SSSS) of Chinese-origin that has undergone further processing in the Socialist Republic of Vietnam (Vietnam) is merchandise covered by the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on SSSS from the People's Republic of China (China). Additionally, Commerce preliminarily determines that SSSS that is completed in Vietnam using certain non-subject stainless steel flat-rolled inputs sourced from China, is circumventing the AD/CVD orders on SSSS from China. As a result, SSSS of Chinese-origin that has undergone further processing or completion in Vietnam will be subject to suspension of liquidation effective May 15, 2020. We invite interested parties to comment on these preliminary determinations.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 178 (Thursday, September 15, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Notices]
[Pages 56626-56631]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19966]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-042, C-570-043]
Stainless Steel Sheet and Strip From the People's Republic of
China: Preliminary Scope Ruling and Preliminary Affirmative
Determination of Circumvention for Exports From the Socialist Republic
of Vietnam
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain stainless steel sheet and strip (SSSS) of
Chinese-origin that has undergone further processing in the Socialist
Republic of Vietnam (Vietnam) is merchandise covered by the scope of
the antidumping duty (AD) and countervailing duty (CVD) orders on SSSS
from the People's Republic of China (China). Additionally, Commerce
preliminarily determines that SSSS that is completed in Vietnam using
certain non-subject stainless steel flat-rolled inputs sourced from
China, is circumventing the AD/CVD orders on SSSS from China. As a
result, SSSS of Chinese-origin that has undergone further processing or
completion in Vietnam will be subject to suspension of liquidation
effective May 15, 2020. We invite interested parties to comment on
these preliminary determinations.
DATES: Applicable September 15, 2022.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse, Office of the Deputy
Assistant Secretary for AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6345.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 2020, Commerce published in the Federal Register its
self-initiation of country-wide circumvention and scope inquiries of
the AD and CVD orders on SSSS from China \1\ to determine if imports of
SSSS
[[Page 56627]]
completed in Vietnam using certain non-subject stainless steel flat-
rolled inputs \2\ manufactured in China are circumventing the Orders,
and to determine whether SSSS that is produced in China and undergoes
further processing in Vietnam before being exported to the United
States is subject to the Orders, respectively.\3\ In the Initiation
Notice, Commerce self-initiated the circumvention inquiry based on
available information and an analysis pursuant to section 781(b) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h).
Additionally, Commerce self-initiated the scope inquiry in accordance
with its authority as outlined in 19 CFR 351.225(b).
---------------------------------------------------------------------------
\1\ See Stainless Steel Sheet and Strip from the People's
Republic of China: Antidumping Duty Order, 82 FR 16160 (April 3,
2017) (AD Order); see also Stainless Steel Sheet and Strip from the
People's Republic of China: Countervailing Duty Order, 82 FR 16166
(April 3, 2017) (CVD Order) (collectively, Orders).
\2\ The term ``certain non-subject stainless steel flat-rolled
inputs'' refers to stainless steel flat-rolled products that are not
further worked than hot-rolled and/or of a thickness greater than
4.75 millimeters.
\3\ See Stainless Steel Sheet and Strip from the People's
Republic of China: Initiation of Anti-Circumvention and Scope
Inquiries on the Antidumping Duty and Countervailing Duty Orders, 85
FR 29401 (May 15, 2020) (Initiation Notice). On September 20, 2021,
Commerce significantly revised its regulations pertaining to
circumvention and scope inquiries, 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 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. 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. We note that these
circumvention and scope 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.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of these inquiries, see the Preliminary Decision
Memorandum.\4\ 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, 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>.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Antidumping Duty and Countervailing Duty
Orders on Stainless Steel Sheet and Strip from the People's Republic
of China: Preliminary Decision Memorandum for Scope and
Circumvention Inquiries Covering Exports from the Socialist Republic
of Vietnam,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Orders
The product covered by the Orders is stainless steel sheet and
strip. For a complete description of the scope of the Orders, see the
Preliminary Decision Memorandum.
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers SSSS completed in Vietnam using
certain non-subject stainless steel flat-rolled inputs of Chinese-
origin that is subsequently exported from Vietnam to the United States.
Merchandise Subject to the Scope Inquiry
This scope inquiry covers SSSS of Chinese-origin that has undergone
further processing in Vietnam (including but not limited to cold-
rolling, annealing, tempering, polishing, aluminizing, coating,
painting, varnishing, trimming, cutting, punching, and/or slitting, or
any other processing that would not otherwise remove the merchandise
from the scope of the Orders) that is subsequently exported to the
United States.
Methodology
Commerce is conducting these scope and circumvention inquiries in
accordance with section 781(b) of the Act. Because Vietnam and China
\5\ are non-market economy countries, within the meaning of section
771(18) of the Act, Commerce has calculated the value of certain
processing and merchandise using factors of production and market
economy values, as discussed in section 773(c) of the Act. For a full
description of the methodology underlying Commerce's preliminary
determinations, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing
Memorandum, ``China's Status as a Non-Market Economy,'' dated
October 26, 2017); see also Certain Oil Country Tubular Goods from
the Socialist Republic of Vietnam: Preliminary Results of
Antidumping Duty Administrative Review, 81 FR 24797 (October 14,
2016), unchanged in Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review; 2014-2015, 82 FR 18611 (April 20, 2017).
---------------------------------------------------------------------------
Preliminary Findings
As detailed in the Preliminary Decision Memorandum, we
preliminarily determine, pursuant to 19 CFR 351.225(k)(1), that SSSS of
Chinese-origin that has undergone further processing in Vietnam is
covered by the scope of the Orders. Additionally, pursuant to section
781(b) of the Act, we preliminarily determine that SSSS completed in
Vietnam using certain non-subject stainless steel flat-rolled inputs of
Chinese-origin is circumventing the Orders. In reaching these
preliminary determinations, we relied on information placed on the
record by a petitioner in the original investigation, Outokumpu
Stainless USA LLC, and information placed on the record by POSCO VST
Co., Ltd. (POSCO VST), POSCO Vietnam Processing Center Company Limited,
and Silverwood (Hong Kong) Ltd.
Further, because Hoangvu Co., Ltd. and SK Networks Co., Ltd. did
not cooperate to the best of their ability in responding to Commerce's
requests for information, we have based parts of our preliminary
determinations on the facts available, with adverse inferences,
pursuant to sections 776(a) and (b) of the Act. For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
Suspension of Liquidation
As stated above, Commerce has made preliminary affirmative findings
that SSSS of Chinese-origin that has undergone further processing in
Vietnam is merchandise covered by the scope of the Orders and that SSSS
completed in Vietnam using certain non-subject stainless steel flat-
rolled inputs of Chinese-origin is merchandise circumventing the
Orders. These affirmative in-scope and circumvention findings apply to
SSSS that is subject to these determinations and produced and/or
exported by any Vietnamese company. Therefore, in accordance with 19
CFR 351.225(l)(2), Commerce will direct U.S. Customs and Border
Protection (CBP) to suspend liquidation and to require a cash deposit
of estimated duties on unliquidated entries of SSSS produced in Vietnam
from Chinese-sourced stainless steel flat-rolled inputs that were
entered, or withdrawn from warehouse, for consumption on or after May
15, 2020, the date of publication of initiation of these circumvention
and scope inquiries in the Federal Register.\6\
---------------------------------------------------------------------------
\6\ See Initiation Notice.
---------------------------------------------------------------------------
Where a Vietnamese company subject to these inquiries reports that
the finished SSSS products that it has exported to the United States
were produced by a specific Chinese supplier that has its own company-
specific rate under the Orders, the cash deposit rate
[[Page 56628]]
will be the Chinese supplier's company-specific rate. Otherwise,
Commerce will instruct CBP to require AD cash deposits equal to the
current China-wide rate (i.e., 58.04 percent) and CVD cash deposits
equal to the current all-others rate (i.e., 75.60 percent).\7\ The
suspension of liquidation instructions will remain in effect until
further notice.
---------------------------------------------------------------------------
\7\ See AD Order, 82 FR at 16162; and CVD Order, 82 FR at 16176.
---------------------------------------------------------------------------
SSSS that is further processed or completed in Vietnam from
stainless steel flat-rolled inputs that are not of Chinese-origin is
not subject to these inquiries. Therefore, cash deposits are not
required for such merchandise subject to the following certification
requirements.\8\
---------------------------------------------------------------------------
\8\ See Appendix II for the certification requirements, and
Appendixes III and IV for the Importer and Exporter Certifications,
respectively.
---------------------------------------------------------------------------
If an importer of SSSS from Vietnam claims that the SSSS was not
produced using any stainless steel flat-rolled inputs of Chinese-
origin, in order not to be subject to cash deposit requirements, the
importer and exporter must meet the certification and documentation
requirements described in Appendix II. An exporter of SSSS produced in
Vietnam claiming that its SSSS was not produced using any stainless
steel flat-rolled inputs of Chinese-origin must prepare and maintain an
Exporter Certification and documentation supporting the Exporter
Certification (see Appendix IV). In addition, importers of such SSSS
must prepare and maintain an Importer Certification (see Appendix III)
as well as documentation supporting the Importer Certification. In
addition to 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 SSSS produced from
stainless steel flat-rolled inputs that are not of Chinese-origin.
Verification
As provided in 19 CFR 351.307, Commerce intends to verify
information relied upon in making its final determination.
Public Comment
Interested parties may submit case briefs 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 the case briefs, may be filed no later than seven days
after the deadline for case briefs.\9\ Parties who submit case or
rebuttal briefs in this proceeding are requested to submit with each
brief: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\10\ Executive summaries
should be limited to five pages total, including footnotes.\11\ All
submissions, with limited exceptions, must be filed electronically
using ACCESS.\12\ Electronically filed comments must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5:00 p.m. Eastern Time on the due date. Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\13\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309(d)(1); see also 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) (collectively, Temporary Rules).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ Id.
\12\ See 19 CFR 351.303.
\13\ See Temporary Rules.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically and
received successfully in its entirety via ACCESS by 5:00 p.m. Eastern
Time within 30 days after the date of publication of this notice.\14\
Hearing requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
parties will be notified of the date and time for the hearing to be
held.\15\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.310(c).
\15\ Id.
---------------------------------------------------------------------------
U.S. International Trade Commission Notification
Consistent with section 781(e) of the Act, Commerce is notifying
the U.S. International Trade Commission (ITC) of this affirmative
preliminary determination to include the merchandise subject to this
circumvention inquiry within the Orders. Pursuant to section 781(e) of
the Act, the ITC may request consultations concerning Commerce's
proposed inclusion of the subject merchandise. These consultations must
be concluded within 15 days after the date of the request. If, after
consultations, the ITC believes that a significant injury issue is
presented by the proposed inclusion, it will have 60 days to provide
written advice to Commerce.
Notification to Interested Parties
This notice is published in accordance with section 781(b) of the
Act and 19 CFR 351.225(h).
Dated: September 9, 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 these Circumvention and Scope Inquiries
V. Period of Inquiry
VI. Use of Facts Available with an Adverse Inference
VII. Statutory and Regulatory Framework for Scope Inquiry
VIII. Preliminary Scope Analysis and Determination
IX. Surrogate Countries and Methodology for Valuing Stainless Steel
Flat-Rolled Inputs from China and Further Processing in Vietnam
X. Statutory Framework for Circumvention Inquiry
XI. Preliminary Circumvention Analysis and Determination
XII. Country-Wide Determinations
XIII. Certifications for Nonuse of Chinese-Origin Stainless Steel
Flat-Rolled Inputs
XIV. Recommendations
Appendix II
Certification Requirements
If a company imports stainless steel sheet and strip (SSSS) from
Vietnam and claims that the entry was not produced from Chinese-
sourced stainless steel flat-rolled inputs and, thus, is not subject
to the antidumping duty (AD) and countervailing duty (CVD) Orders
\16\ on SSSS from China, then the importer is required to complete
and maintain the Importer Certification attached hereto 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 number from the broker. Agents of the
importer, such as
[[Page 56629]]
brokers, however, are not permitted to make this certification on
behalf of the importer.
---------------------------------------------------------------------------
\16\ See Stainless Steel Sheet and Strip from the People's
Republic of China: Antidumping Duty Order, 82 FR 16160 (April 3,
2017); see also Stainless Steel Sheet and Strip from the People's
Republic of China: Countervailing Duty Order, 82 FR 16166 (April 3,
2017) (collectively, Orders).
---------------------------------------------------------------------------
All importers of SSSS from Vietnam are eligible for the
certification process detailed below, with the exception that
entries of SSSS produced and/or exported by Hoangvu Co., Ltd. and SK
Networks Co., Ltd. are ineligible for certification.
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 U.S. Department of Commerce
(Commerce) and/or 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 SSSS exported from Vietnam that was produced using Chinese-
sourced stainless steel flat-rolled inputs subject to this inquiry
that has been found to be circumventing the AD/CVD Orders on SSSS
from China, Commerce has established the following third-country
case numbers in the Automated Commercial Environment (ACE): A-552-
042 and C-552-043. For SSSS exported from Vietnam that is
merchandise covered by the scope of the AD/CVD Orders on SSSS from
China, where the country of origin does not change for CBP's
reporting purposes, importers should report such entries under the
case numbers for the Orders on SSSS from China: A-570-042 and C-570-
043. For SSSS exported from Vietnam that is merchandise covered by
the scope of the AD/CVD Orders on SSSS from China, where the
country-of-origin changes for CBP's reporting purposes, importers
should report such entries under the following third-country case
numbers: A-552-042 and C-552-043.
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 appropriate case numbers,
either those established for the AD/CVD Orders on SSSS from China,
A-570-042/C-570-043, or the third country case numbers, A-552-042/C-
552-043, 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-570-042/C-570-043/A-552-042/C-552-043 will be
liquidated pursuant to applicable administrative reviews of the
Orders or through the automatic liquidation process.
For shipments and/or entries suspended pursuant to the
preliminary determinations of these scope and circumvention
inquiries that were shipped and/or entered, or withdrawn from
warehouse, for consumption during the period on or after May 15,
2020 (the date of initiation of these scope and circumvention
inquiries) through the date of publication of the preliminary
determination in the Federal Register, for which certifications are
required, importers and exporters should complete the required
certification, as soon as practicable but not later than 45 days
after the publication of the preliminary determinations in the
Federal Register. Accordingly, where appropriate, the relevant
bullet 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 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/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. 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 shipments and/or entries suspended pursuant to the
preliminary determinations of these scope and circumvention
inquiries that were shipped and/or entered, or withdrawn from
warehouse, for consumption within 30 days of the date of publication
of the preliminary determination in the Federal Register, for which
certifications are required, importers and exporters should complete
the required certification, as soon as practicable but not later
than 45 days after the publication of the preliminary determinations
in the Federal Register. Accordingly, where appropriate, the
relevant bullet 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 on mm/dd/yyyy. This certification was
completed on mm/dd/yyyy, within 45 days of the date on which
Commerce published its preliminary scope and circumvention findings
in the Federal Register.'' 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. 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 shipments and/or entries after 30 days from the date of
publication of the preliminary determination in the Federal
Register, for which certifications are required, importers and
exporters 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. Specifically, exporters should complete the language in
Paragraph G in the Exporter Certification that reads: ``I understand
that {EXPORTING COMPANY{time} must provide this Exporter
Certification to the U.S. importer by the time of shipment.''
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,
May 15, 2020 (the date of initiation of these scope and
circumvention inquiries) through the date of publication of the
preliminary determination in the Federal Register, that is
merchandise covered by the scope of the AD/CVD Orders or was
produced using Chinese-sourced stainless steel flat-rolled inputs
subject to this inquiry that have been found to be circumventing the
AD/CVD Orders, 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 of merchandise that is covered by the scope of
the AD/CVD Orders, under the case numbers for the Orders on SSSS
from China, A-570-042/C-570-043, or A-552-042/C-552-043, as
appropriate. Importers should report those AD/CVD type entries that
were produced using Chinese-sourced stainless steel flat-rolled
inputs subject to this inquiry that have been found to be
circumventing the AD/CVD Orders, using the third-country case
numbers, A-552-042/C-552-043. 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 {IMPORTING COMPANY{time} , located at {ADDRESS OF
IMPORTING COMPANY{time} ;
[[Page 56630]]
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of the
stainless steel sheet and strip (SSSS) produced 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 SSSS 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 Stainless Steel Flat-Rolled Inputs:
If the importer is acting on behalf of the first U.S. customer,
complete this paragraph:
E. The SSSS covered by this certification was imported by
{IMPORTING COMPANY{time} on behalf of {U.S. CUSTOMER{time} ,
located at {ADDRESS OF U.S. CUSTOMER{time} ;
F. The SSSS covered by this certification does not contain
stainless steel flat-rolled inputs produced in the People's Republic
of China (China);
G. 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, product data sheets,
mill test reports, productions 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;
H. 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 U.S. Department
of Commerce (Commerce);
I. 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 any supporting documentation 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;
J. I understand that {IMPORTING COMPANY{time} is required to
maintain and provide a copy of the exporter's certification and
supporting documentation provided by the exporter to the importer,
upon request, to CBP and/or Commerce;
K. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
L. 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 duty (AD) and
countervailing duty (CVD) orders on SSSS 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 AD and/
or CVD cash deposits (as appropriate) equal to the rates determined
by Commerce; and
[cir] the revocation of {IMPORTING COMPANY{time} 's privilege to
certify that future imports of SSSS were not produced using
stainless steel flat-rolled inputs sourced from China subject to
these certifications.
M. I understand that agents of the importer, such as brokers,
are not permitted to make this certification;
N. 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 circumvention findings
in the Federal Register; and
O. 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 stainless steel sheet and strip (SSSS) 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 SSSS covered by this certification does not contain
stainless steel flat-rolled inputs 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'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.)
Producer of Stainless Steel Flat-Rolled Inputs' Name:
Location (Country) of Producer of Stainless Steel Flat-Rolled
Inputs:
E. The SSSS 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 {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, product data sheets, mill test reports,
productions 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. The shipments/products referenced herein shipped before mm/
dd/yyyy, the date on which Commerce published notice of its
preliminary scope and circumvention findings in the Federal
Register. This certification was completed on mm/dd/yyyy, within 45
days of the Federal Register notice publication.
{Or{time}
The shipments/products referenced herein shipped on mm/dd/yyyy.
This certification was completed on mm/dd/yyyy, within 45 days of
the date on which Commerce published its preliminary scope and
circumvention findings in the Federal Register.
{Or{time}
I understand that {EXPORTING COMPANY{time} must provide this
Exporter Certification to the U.S. importer by the time of shipment;
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 U.S. Customs and
Border Protection (CBP) and/or the U.S. Department of Commerce
(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 duty (AD) and
countervailing duty (CVD) orders on SSSS from China. I understand
that such a finding will result in:
[cir] suspension 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 AD and/
or CVD cash deposits (as appropriate) equal to the rates as
determined by Commerce; and
[[Page 56631]]
[cir] the revocation of {EXPORTING COMPANY{time} 's privilege to
certify that future imports of SSSS were not produced using
stainless steel flat-rolled inputs sourced from China subject to
these certifications.
I. 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; and
J. 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}
[FR Doc. 2022-19966 Filed 9-14-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 15, 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.