Notice2023-07712
Light-Walled Rectangular Pipe and Tube From the People's Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders
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
April 12, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that imports of light-walled rectangular pipe and tube (LWRPT), completed in the Socialist Republic of Vietnam (Vietnam) using hot-rolled steel (HRS) produced in the People's Republic of China (China), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on LWRPT from China.
Full Text
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<title>Federal Register, Volume 88 Issue 70 (Wednesday, April 12, 2023)</title>
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[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 21985-21989]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07712]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-914, C-570-915]
Light-Walled Rectangular Pipe and Tube From the People's Republic
of China: Preliminary Affirmative Determination of Circumvention of the
Antidumping Duty 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 imports of light-walled rectangular pipe and tube
(LWRPT), completed in the Socialist Republic of Vietnam (Vietnam) using
hot-rolled steel (HRS) produced in the People's Republic of China
(China), are circumventing the antidumping duty (AD) and countervailing
duty (CVD) orders on LWRPT from China.
DATES: Applicable April 12, 2023.
FOR FURTHER INFORMATION CONTACT: Reginald Anadio, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3166.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2008, Commerce published in the Federal Register the
AD and CVD orders on LWRPT from China.\1\ On August 4, 2022, Commerce
initiated a country-wide circumvention inquiry to determine whether
certain imports of LWRPT completed in Vietnam using HRS produced in
China are circumventing the Orders.\2\ On August 30, 2022, Commerce
selected, in alphabetical order, Hoa Phat Steel Pipe Co., Ltd. (Hoa
Phat) and Vina One Steel Manufacturing Corp (Vina One) as the mandatory
respondents in this circumvention inquiry.\3\ Between September 2022
and February 2023, Commerce issued questionnaires to Vina One and
received timely responses.\4\ On November 17, 2022, Commerce rejected
Hoa Phat's response as untimely filed.\5\
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\1\ See Light-Walled Rectangular Pipe and Tube from Mexico, the
People's Republic of China, and the Republic of Korea: Antidumping
Duty Orders; Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Notice of Amended Final Determination of Sales at
Less Than Fair Value, 73 FR 45403 (August 5, 2008); and Light-Walled
Rectangular Pipe and Tube from the People's Republic of China:
Notice of Countervailing Duty Order, 73 FR 45405 (August 5, 2008)
(collectively, Orders or China Orders).
\2\ See Circular Welded Carbon Quality Steel Pipe from the
People's Republic of China; Certain Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea; Certain Welded Carbon Steel
Standard Pipes and Tubes from India; Certain Circular Welded Carbon
Steel Pipes and Tubes from Taiwan; Certain Circular Welded Non-Alloy
Steel Pipe from Taiwan; Light-Walled Rectangular Pipe and Tube from
the People's Republic of China; Light-Walled Rectangular Pipe and
Tube from the Republic of Korea; Light-Walled Welded Rectangular
Carbon Steel Tubing from Taiwan: Initiation of Circumvention
Inquiries on the Antidumping and Countervailing Duty Orders, 87 FR
47711 (August 4, 2022).
\3\ See Memorandum, ``Respondent Selection,'' dated August 30,
2022.
\4\ See Commerce's Letters, ``Circumvention Inquiry Initial
Questionnaire,'' dated September 6, 2022; ``Supplemental
Questionnaire,'' dated November 29, 2022; ``Second Supplemental
Questionnaire,'' dated February 3, 2023; ``Third Supplemental
Questionnaire,'' dated February 24, 2023. See also Vina One's
Letter, ``Questionnaire Response,'' dated October 7, 2022;
``Supplemental Questionnaire Response,'' dated December 16, 2022;
``2nd Supplemental Questionnaire Response,'' dated February 17,
2023; ``3rd Supplemental Questionnaire Response,'' dated March 3,
2023.
\5\ See Memorandum, ``Rejection of Hoa Phat Steel Pipe Co., Ltd.
Response to Initial Questionnaire,'' dated November 17, 2022; see
also Memorandum, ``Take Action on Certain Barcodes,'' dated November
17, 2022.
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On December 9, 2022, Commerce extended the time limit for issuing
the preliminary determination in this circumvention inquiry from
January 3 to March 31, 2023.\6\ On March 31, 2023, Commerce extended
the time limit for issuing the preliminary determination in this
circumvention inquiry from March 31 to April 6, 2023.\7\ For a complete
description of the events that followed the initiation of this
circumvention inquiry, see the Preliminary Decision Memorandum.\8\
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\6\ See Memorandum, ``Extension of Preliminary Determinations in
Circumvention Inquiries,'' dated December 9, 2022.
\7\ See Memorandum, ``Second Extension of Preliminary
Determinations in Circumvention Inquiries,'' dated March 31, 2023.
\8\ See Memorandum, ``Preliminary Decision Memorandum for the
Circumvention Inquiry on the Antidumping Duty and Countervailing
Duty Orders,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Orders <SUP>9</SUP>
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\9\ See Orders.
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The products covered by the Orders include certain quality light-
walled steel pipe and tube, of rectangular (including square) cross
section, having a wall thickness of less than 4 millimeters. For a full
description of the scope of the Orders, see the Preliminary Decision
Memorandum.\10\
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\10\ See Preliminary Decision Memorandum.
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Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers LWRPT completed in Vietnam using
China-origin HRS and subsequently exported from Vietnam to the United
States (inquiry merchandise).
Methodology
Commerce is conducting this circumvention inquiry in accordance
with section 781(b) of the Tariff Act of 1930, as amended (the Act) and
19 CFR 351.226. For a complete description of the events that followed
the initiation of this circumvention inquiry, see the Preliminary
Decision Memorandum. A list of topics discussed in the Preliminary
Decision Memorandum is included as an 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
[[Page 21986]]
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>.
Preliminary Circumvention Determination
As detailed in the Preliminary Decision Memorandum, Commerce
preliminarily determines that LWRPT completed in Vietnam, using China-
origin HRS, and subsequently exported from Vietnam to the United States
is circumventing the Orders on a country-wide basis. As a result, in
accordance with section 781(b) of the Act, we preliminarily determine
that this merchandise should be included within the scope of the
Orders. See the ``Suspension of Liquidation and Cash Deposit
Requirements'' section below for details regarding suspension of
liquidation and cash deposit requirements. See the ``Certifications''
and ``Certification Requirements for Vietnam'' sections below for
details regarding the use of certifications.
Use of Adverse Facts Available
Pursuant to section 776(a) of the Act, if the necessary information
is not available on the record, or an interested party withholds
requested information, fails to provide requested information by the
deadline or in the form and manner requested, or significantly impeded
a proceeding, Commerce shall use the facts otherwise available in
reaching the applicable determination. Moreover, pursuant to section
776(b) of the Act, Commerce may use inferences adverse to the interests
of an interested party in selecting from among the facts otherwise
available if the party fails to cooperate by not acting to the best of
its ability to provide requested information.
Commerce requested information from the two producers that account
for the largest volume of the LWRPT from the exporting country during
the inquiry period that Commerce determined can be reasonably examined
for purposes of respondent selection. In these initial questionnaires,
Commerce explained that, if the company to which Commerce issued the
questionnaire fails to respond to the questionnaire, or fails to
provide the requested information, Commerce may find that the company
failed to cooperate by not acting to the best of its ability to comply
with the request for information, and may use an inference that is
adverse to the company's interests in selecting from the facts
otherwise available. One of the mandatory respondents to which Commerce
issued the initial questionnaire in this inquiry, i.e., Hoa Phat,
received, but failed to timely respond to, Commerce's
questionnaire.\11\
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\11\ Id. at 6.
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Therefore, we preliminarily find that Hoa Phat failed to provide
requested information by the deadline or in the form and manner
requested and significantly impeded this inquiry. Moreover, we find
that this company failed to cooperate by not acting to the best of its
ability to provide the requested information because it did not provide
a timely response to Commerce's initial questionnaire. Consequently, we
used adverse inferences with respect to Hoa Phat in selecting from
among the facts otherwise available on the record, pursuant to sections
776(a)(2)(B)-(C) and (b) of the Act. For details regarding the adverse
facts available used in this preliminary determination, see the
Preliminary Decision Memorandum.
As detailed in the Preliminary Decision Memorandum, based on AFA,
we preliminarily determine that Hoa Phat exported inquiry merchandise
and that U.S. entries of that merchandise are circumventing the Orders.
Additionally, we are preliminarily precluding Hoa Phat from
participating in the certification program that we are establishing for
exports of LWRPT from Vietnam.
U.S. entries of inquiry merchandise made on or after August 4,
2022, that are ineligible for certification based on the failure of Hoa
Phat to cooperate, or for other reasons, shall remain subject to
suspension of liquidation until final assessment instructions on those
entries are issued, whether by automatic liquidation instructions, or
by instructions pursuant to the final results of an administrative
review.\12\
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\12\ Commerce encourages interested parties to provide comments
on this topic in their case briefs.
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Suspension of Liquidation and Cash Deposit Requirements
Based on the preliminary affirmative country-wide determination of
circumvention for China, in accordance with 19 CFR 351.226(l)(2), we
will direct U.S. Customs and Border Protection (CBP) to suspend
liquidation and require a cash deposit of estimated duties on
unliquidated entries of LWRPT, assembled or completed in Vietnam using
Chinese-origin HRS, that were entered, or withdrawn from warehouse, for
consumption on or after August 4, 2022, the date of publication of the
initiation of this circumvention inquiry in the Federal Register.
LWRPT produced in Vietnam from HRS that is not of China origin is
not subject to this inquiry. Therefore, cash deposits are not required
for such merchandise under the China Orders. However, Commerce
preliminarily finds that light-walled welded rectangular carbon steel
tubing (LWR tubing) completed in Vietnam using Taiwan-origin HRS is
circumventing the AD order on LWR tubing from Taiwan, and LWRPT from
the Republic of Korea (Korea) completed in Vietnam using Korea-origin
HRS is circumventing the AD order on LWRPT from Korea.\13\ Imports of
such merchandise are subject to certification requirements, and cash
deposits may be required.
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\13\ See the unpublished Federal Register notices, ``Light-
Walled Welded Rectangular Carbon Steel Tubing from Taiwan:
Preliminary Affirmative Determination of Circumvention of the
Antidumping Duty Order,'' and ``Light-Walled Welded Rectangular
Carbon Steel Tubing from Korea: Preliminary Affirmative
Determination of Circumvention of the Antidumping Duty Order,''
dated concurrently with this notice.
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If an importer imports LWRPT from Vietnam and claims that the LWRPT
was not produced from China-origin HRS, in order to not be subject to
the Order cash deposit requirements, the importer and exporter are
required to meet the certification and documentation requirements
described in the ``Certifications'' and ``Certification Requirements
for Vietnam'' sections, below.
Where no certification is provided for an entry, and AD/CVD orders
from three countries (China, Korea, or Taiwan) potentially apply to
that entry, Commerce intends to instruct CBP to suspend the entry and
collect cash deposits at the rates applicable to the AD and CVD orders
on LWRPT from China (i.e., the AD rate established for the China-wide
entity (255.07 percent) and the CVD rate established for all-others
(15.28 percent)) under the following third-country case numbers: A-552-
914-000 and C-552-915-000.\14\ This is to prevent evasion, given that
the AD/CVD rates established for LWRPT from China are higher than the
AD rates established for LWRPT from Korea and LWR tubing from Taiwan.
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\14\ See Orders.
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Where a certification is provided for the AD/CVD orders on LWRPT
from China (stating that the merchandise was not produced using China-
origin HRS), but no other certification is provided, then Commerce
intends to instruct CBP to suspend the entry and collect cash deposits
at the rate applicable to the AD order on LWR tubing from Taiwan (i.e.,
[[Page 21987]]
the AD rate established for all-others (18.05 percent)) under the
following third-country case number: A-552-863-000.\15\ This is to
prevent evasion, given that the AD rate established for LWR tubing from
Taiwan is higher than the AD rate established for LWRPT from Korea.
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\15\ See Light-Walled Welded Rectangular Carbon Steel Tubing
from Taiwan; Final Results of Antidumping Duty Administrative
Review, 57 FR 24464, 24466 (June 9, 1992).
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Commerce established the following third-country case numbers in
the Automated Commercial Environment (ACE) for entries of LWRPT
produced in Vietnam using China-origin HRS: A-552-914-000 and C-552-
915-000 with cash deposit rates of 255.07 percent and 15.28 percent,
respectively. Commerce also established the following company-specific
third-country case numbers for Vina One, for which Commerce made an
affirmative determination of circumvention, for entries of LWRPT
produced in Vietnam using China-origin HRS: A-552-914-002 and C-552-
915-002. With regard to Vina One's company-specific third-country case
numbers, the cash deposit rates will be the China-wide entity AD rate
(i.e., 255.07 percent) and the China CVD all-others rate (i.e., 15.28
percent), respectively.\16\
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\16\ See Orders.
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For Hoa Phat, which will not be permitted to certify that its
merchandise was not produced from China-origin HRS, Commerce will
direct CBP to suspend liquidation and require a cash deposit at the AD/
CVD rates established for LWRPT from China. Commerce established the
following company-specific third-country case numbers for Hoa Phat: A-
552-914-001 and C-552-915-001.
These suspension of liquidation instructions will remain in effect
until further notice.
Certified Entries
Entries for which the importer and exporter have met the
certification requirements described below and in Appendix II to this
notice will not be subject to suspension of liquidation, or the cash
deposit requirements described above. Failure to comply with the
applicable requisite certification requirements may result in the
merchandise being subject to duties.
Certifications
To administer the preliminary affirmative country-wide
determination of circumvention for Vietnam, Commerce established
importer and exporter certifications, which allow companies to certify
that specific entries of LWRPT from Vietnam are not subject to
suspension of liquidation or the collection of cash deposits pursuant
to this preliminary affirmative country-wide determination of
circumvention because the merchandise is not made with Chinese-origin
HRS (see Appendix II to this notice). Because Hoa Phat was non-
cooperative, it is not eligible to use the certification described
above.\17\
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\17\ See Preliminary Decision Memorandum at ``Use of Facts
Available with Adverse Inferences;'' see also 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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Importers and exporters that claim that the entry of LWRPT is not
subject to suspension of liquidation or the collection of cash deposits
because the merchandise is not made with China-origin HRS must complete
the applicable certification and meet the certification and
documentation requirements described below, as well as the requirements
identified in the applicable certification.
Certification Requirements for Vietnam
Importers are required to complete and maintain the applicable
importer certification, and maintain a copy of the applicable exporter
certification, and retain all supporting documentation for both
certifications. With the exception of the entries described below, the
importer certification must be completed, signed, and dated by the time
the entry summary is filed for the relevant entry. The importer, or the
importer's agent, must submit both the importer's certification and the
exporter's certification to CBP as part of the entry process by
uploading them into the document imaging system (DIS) in ACE. Where the
importer uses a broker to facilitate the entry process, the importer
should obtain the entry summary number from the broker. Agents of the
importer, such as brokers, however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete and maintain the applicable
exporter certification and provide the importer with a copy of that
certification and all supporting documentation (e.g., invoice, purchase
order, production records, etc.). With the exception of the entries
described below, the exporter certification must be completed, signed,
and dated by the time of shipment of the relevant entries. The exporter
certification should be completed by the party selling the LWRPT that
was manufactured in Vietnam to the United States.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce and/or
CBP. Importers and exporters are required to maintain the
certifications and supporting documentation until the later of: (1) the
date that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years after
the conclusion of any litigation in United States courts regarding such
entries.
For all LWRPT from Vietnam that was entered, or withdrawn from
warehouse, for consumption during the period August 4, 2022 (the date
of initiation of these circumvention inquiries), through the date of
publication of the preliminary determination in the Federal Register,
where the entry has not been liquidated (and entries for which
liquidation has not become final), the relevant certification should be
completed and signed as soon as practicable, but not later than 45 days
after the date of publication of this preliminary determination in the
Federal Register. For such entries, importers, and exporters each have
the option to complete a blanket certification covering multiple
entries, individual certifications for each entry, or a combination
thereof. The exporter must provide the importer with a copy of the
exporter certification within 45 days of the date of publication of
this preliminary determination in the Federal Register.
For unliquidated entries (and entries for which liquidation has not
become final) of LWRPT that were declared as non-AD or non-CVD type
entries (e.g., type 01) and entered, or withdrawn from warehouse, for
consumption in the United States during the period August 4, 2022 (the
date of initiation of these circumvention inquiries) through the date
of publication of the preliminary determination in the Federal
Register, for which none of the above certifications may be made,
importers must file a Post Summary Correction with CBP, in accordance
with CBP's regulations, regarding conversion of such entries from non-
AD or non-CVD type entries to AD or CVD type entries (e.g., type 01 to
type 03). Importers should report those AD or CVD type entries using
the third-country case numbers identified in the ``Suspension of
Liquidation and Cash Deposit Requirements'' section, above. The
importer should pay cash deposits on those entries consistent with the
regulations governing post summary
[[Page 21988]]
corrections that require payment of additional duties.
If it is determined that an importer and/or exporter has not met
the certification and/or related documentation requirements for certain
entries, Commerce intends to instruct CBP to suspend, pursuant to this
preliminary affirmative country-wide determination of circumvention and
the Orders,\18\ all unliquidated entries for which these requirements
were not met and require the importer to post applicable cash deposits
equal to the rates noted above.
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\18\ See Orders.
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Interested parties may comment on these certification requirements,
and on the certification language contained in Appendix II to this
notice in their case briefs.
Verification
As provided in 19 CFR 351.307, Commerce may verify information
relied upon in making its final determination.
Public Comment
Case briefs or other written comments should be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than seven days after the deadline for case
briefs.\19\ Parties who submit case briefs or rebuttal briefs in this
proceeding 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.\20\ 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 the party's name, address, and telephone number, the
number of participants, whether any participant is a foreign national,
and 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.
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\19\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\20\ See 19 CFR 351.309(c)(2)(d)(2).
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All submissions should be filed electronically via ACCESS.\21\
Alternative arrangements for manual filings must be made by contacting
the official in charge at least 72 hours before the deadline. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\22\
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\21\ See 19 CFR 351.303.
\22\ See 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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U.S. International Trade Commission Notification
Commerce, consistent with section 781(e) of the Act, will notify
the U.S. International Trade Commission (ITC) of this 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 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 351.226(g)(1).
Dated: April 6, 2023.
Abdelali Elouaradia,
Deputy 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 Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Application of Facts Available and Use Of Adverse Inference
VII. Affiliation and Collapsing
VIII. Surrogate Country and Methodology for Valuing Factors of
Production from Non-Market Economy Sources and Processing in Vietnam
IX. Surrogate Country and Methodology for Valuing Factors of
Production from Non-Market Economy Sources and Processing in China
X. Statutory and Regulatory Framework for the Circumvention Inquiry
XI. Analysis of Statutory Criteria for the Circumvention Inquiry
XII. Summary of Statutory Analysis
XIII. Verification
XIV. Country-Wide Affirmative Determination of Circumvention
XV. Recommendation
Appendix II
1. Certifications
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} ;
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of the
light-walled rectangular pipe and tube (LWRPT) 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 LWRPT, including the exporter's and/
or foreign seller's identity and location;
C. If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The LWRPT 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} ;
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
D. The LWRPT covered by this certification was shipped to {NAME
OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED{time} .
E. 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 hot-rolled steel (HRS) used to
produce the imported LWRPT);
F. 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 HRS:
Producer:
Producer's Address:
G. The LWRPT covered by this certification does not contain HRS
produced in China;
H. 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.) until the
later of: (1) the date that is five years after the date of the
latest entry covered by
[[Page 21989]]
the certification; or (2) the date that is three years after the
conclusion of any litigation in the United States courts regarding
such entries;
I. I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of the exporter's certification (attesting to the
production and/or exportation of the imported merchandise identified
above), and any supporting documentation provided to the importer by
the exporter, until the later of: (1) the date that is five years
after the date of the latest entry covered by the certification; or
(2) the date that is 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
provide U.S. Customs and Border Protection (CBP) and/or the U.S.
Department of Commerce (Commerce) with the importer certification,
and any supporting documentation, and a copy of the exporter's
certification, and any supporting documentation provided to the
importer by the exporter, upon request of either agency;
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, or failure to
substantiate the claims made herein, or not allowing 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) order and
countervailing duty (CVD) order on LWRPT from China. I understand
that such finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping duty
and countervailing duty cash deposits determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
M. I understand that agents of the importer, such as brokers,
are not permitted to make this certification;
This certification was completed and signed on, or prior to, the
date of the entry summary if the entry date is more than 14 days
after the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed by no later than 45 days after publication of
the notice of Commerce's preliminary determination of circumvention
in the Federal Register.
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 OF COMPANY OFFICIAL{time}
{DATE{time}
Exporter Certification
The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
A. My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE
UNITED STATES); located at {ADDRESS OF FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES{time} ;
B. I have direct personal knowledge of the facts regarding the
production and exportation of the LWRPT for which sales are
identified below. ``Direct personal knowledge'' refers to facts the
certifying party is expected to have in its own records. For
example, an exporter should have direct personal knowledge of the
producer's identity and location;
C. The LWRPT covered by this certification was shipped to {NAME
OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED{time} ;
D. The LWRPT covered by this certification does not contain HRS
produced in China;
E. 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.)
Name of Producer of HRS:
Location (Country) of Producer of HRS:
F. The LWRPT covered by this certification was shipped to {NAME
OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} , located at
{U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES{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.) until the later of: (1) the date that is
five years after the latest date of the entries covered by the
certification; or (2) the date that is three years after the
conclusion of any litigation in the United States courts regarding
such entries;
H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES{time} is required to provide the U.S. importer
with a copy of this certification and is required to provide U.S.
Customs and Border Protection (CBP) and/or the U.S. Department of
Commerce (Commerce) with this certification, and any supporting
documents, upon request of either agency;
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 supporting documentation, or failure to
substantiate the claims made herein, or not allowing 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 duty and countervailing duty
orders on LWRPT 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 importer being required to post the antidumping duty
and countervailing duty cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate
in the certification process.
K. I understand that agents of the seller/exporter, such as
freight forwarding companies or brokers, are not permitted to make
this certification.
L. This certification was completed and signed, and a copy of
the certification was provided to the importer, on, or prior to, the
date of shipment if the shipment date is more than 14 days after the
date of publication of the notice of Commerce's preliminary
determination of circumvention in the Federal Register. If the
shipment date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed, and a copy of the certification was provided
to the importer, by no later than 45 days after publication of the
notice of Commerce's preliminary determination of circumvention in
the Federal Register; and
M. 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 OF COMPANY OFFICIAL{time}
{DATE{time}
[FR Doc. 2023-07712 Filed 4-11-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 12, 2023.
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.