Notice2023-15431
Certain Hardwood Plywood Products From the People's Republic of China: Final Scope Determination and Affirmative Final Determination of Circumvention of the Antidumping 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
July 20, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of certain hardwood plywood products (hardwood plywood), completed in the Socialist Republic of Vietnam (Vietnam) using plywood inputs and components (face veneer, back veneer, and/or either an assembled core or individual core veneers) manufactured in the People's Republic of China (China), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on hardwood plywood from China.
Full Text
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<title>Federal Register, Volume 88 Issue 138 (Thursday, July 20, 2023)</title>
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[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Notices]
[Pages 46740-46744]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15431]
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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: Final Scope Determination and Affirmative Final 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) determines that
imports of certain hardwood plywood products (hardwood plywood),
completed in the Socialist Republic of Vietnam (Vietnam) using plywood
inputs and components (face veneer, back veneer, and/or either an
assembled core or individual core veneers) manufactured in the People's
Republic of China (China), are circumventing the antidumping duty (AD)
and countervailing duty (CVD) orders on hardwood plywood from China.
DATES: Applicable July 20, 2023.
FOR FURTHER INFORMATION CONTACT: Rachel Jennings, 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) 482-1110.
SUPPLEMENTARY INFORMATION:
Background
On July 29, 2022, Commerce published the preliminary determination
\1\ for the circumvention and scope inquiries of the AD and CVD orders
on hardwood plywood from China which were assembled in Vietnam using
hardwood plywood inputs sourced from China.\2\ We invited parties to
comment on the Preliminary Determination. A summary of events that
occurred since Commerce published the Preliminary Determination, as
well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum.\3\ Commerce conducted this scope inquiry in accordance with
19 CFR 351.225(c) and (h), and this circumvention inquiry in accordance
with section 781(b) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Preliminary Scope Determination and Affirmative
Preliminary Determination of the Antidumping and Countervailing Duty
Orders, 87 FR 45753 (July 29, 2022) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ 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, Orders).
\3\ See Memorandum, ``Issues and Decision Memorandum for
Circumvention and Scope Inquiries of the Antidumping Duty and
Countervailing Duty Orders on Certain Hardwood Plywood Products from
the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Orders
The merchandise covered by the scope of these Orders is hardwood
plywood and decorative plywood from China. A complete description of
the scope of the Orders is contained in the Issues and Decision
Memorandum.\4\
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\4\ Id.
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Merchandise Subject To Scope and Circumvention Inquiries
These scope and circumvention inquiries cover hardwood plywood
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
\5\ in Vietnam and combined with face/back veneer produced in Vietnam
or a third country.
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\5\ 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).
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Methodology
Commerce made these final circumvention findings in accordance with
section 781(b) of the Act and 19 CFR 351.225(g).\6\ In the Preliminary
Determination, we relied on information placed on the record by the
Coalition for Fair Trade in Hardwood Plywood 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, several
companies failed to respond to our initial quantity and value (Q&V)
questionnaire and/or a supplemental Q&V questionnaire and additional
companies provided information that either contained significant
discrepancies and inconsistencies or was misleading.\7\ Therefore, we
preliminarily found that these companies withheld information, failed
to provide information by the deadline or in the form and manner
requested, and significantly impeded these inquiries. Thus, we found
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 the
Preliminary Determination, pursuant to sections 776(a) and (b) of the
Act. After considering comments from interested parties, for this final
determination, we have determined, based on adverse inferences, that 37
companies produce hardwood plywood under all five of the production
scenarios subject to these inquiries. Additionally, we determine that
these 37 companies \8\ are precluded from participating in the
certification program we established for applicable exports of hardwood
plywood from Vietnam. For a full description of the methodology
underlying the final
[[Page 46741]]
determination, see the Issues and Decision Memorandum.
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\6\ 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.
\7\ See Preliminary Determination, 87 FR at Appendix V for a
list of companies that either failed to respond to our requests for
information or provided unreliable information.
\8\ Id.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
these inquiries are addressed in the Issues and Decision Memorandum. A
list of the issues raised is attached to this notice as Appendix I. The
Issues and 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 Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Scope Ruling
As detailed in the Issues and Decision Memorandum, we are revising
the preliminary scope ruling and find that products produced under
scenarios one, two, and three, are not covered by the scope of the
Orders.
Final Affirmative Circumvention Determination
As detailed in the Issues and Decision Memorandum, we have modified
the preliminary circumvention determination for this final
determination. In the Preliminary Determination, we found products
produced under scenarios four and five to be circumventing the Orders.
For this final determination, we find that products produced under all
five of the production scenarios subject to these inquiries are
circumventing the Orders. Accordingly, we determine, pursuant to
section 781(b) of the Act and 19 CFR 351.225(g), that imports of
hardwood plywood completed in Vietnam are circumventing the Orders.
Additionally, as discussed in the Issues and Decision Memorandum,\9\ we
are expanding the period of the ongoing administrative reviews to also
include the earliest entry from Vietnam suspended as a result of our
Preliminary Determination through December 31, 2021. We are also
allowing interested parties an opportunity to request a review of their
entries of hardwood plywood exported from Vietnam and entered during
this expanded period of review (i.e., the earliest entry from Vietnam
suspended as a result of our Preliminary Determination through December
31, 2022). Commerce hereby notifies interested parties that requests
for reviews for entries made during this period are due 14 days after
the publication of this final determination in the Federal Register
notice. We made certain changes to the certification program regarding
certain companies' eligibility to participate. These changes are also
discussed in the Issues and Decision Memorandum.
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\9\ See Issues and Decision Memorandum at Comment 13.
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Continuation of Suspension of Liquidation
As a result of this determination, and consistent with 19 CFR
351.225(l)(3), we will instruct CBP to continue to suspend the
liquidation and require a cash deposit of estimated duties, at the
applicable rates, on entries that are entered, or withdrawn from
warehouse, for consumption on or after June 17, 2020, the date of
publication of initiation of these inquiries in the Federal
Register.\10\
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\10\ See Initiation Notice.
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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.\11\
The non-cooperative exporters listed in Appendix V are not eligible to
participate in this certification program.\12\ Accordingly, CBP shall
suspend the entry and collect cash deposits for entries of merchandise
produced and/or exported by these non-cooperative companies at the AD
rate established for the China-wide entity (183.36 percent) and the CVD
rate established for all other Chinese producers and/or exporters
(22.98 percent), pursuant to the Orders.
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\11\ See Appendix II for the certification requirements and
Appendix III for the importer certification.
\12\ See, e.g., Issues and Decision Memorandum at Comments 7-11.
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In the situation where no certification is provided for an entry,
Commerce intends to instruct CBP to suspend liquidation of the entry
and collect cash deposits at the rates applicable under the Orders
(i.e., the AD rate established for the China-wide entity (183.36
percent) and the CVD rate established for all-other Chinese producers/
exporters (22.98 percent)).\13\
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\13\ See Orders.
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Certification Requirements
If an exporter of hardwood plywood assembled in Vietnam claims that
its hardwood plywood was not produced using any of the Chinese hardwood
plywood input scenarios subject to these inquiries, it 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 to support
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 the exporter
of the hardwood plywood assembled in Vietnam that was not produced
using any of the Chinese hardwood plywood input scenarios subject to
these inquiries.
Administrative Protective Order
This notice will serve as the only reminder to all parties subject
to an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
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).
Dated: July 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Scope and Circumvention Inquiries
V. Changes Since the Preliminary Determination
VI. Discussion of the Issues
Comment 1: Whether Commerce's Circumvention Inquiry Was
Procedurally Flawed
Comment 2: Whether Assembly in Vietnam Is Minor or Insignificant
Comment 3: Whether Pattern of Trade Information Supports an
Affirmative Determination
Comment 4: Whether There Is Record Evidence that Supports an
Affirmative Determination
Comment 5: Whether Commerce Properly Rejected Untimely Filed New
Factual Information (NFI)
Comment 6: Whether Commerce Properly Found Discrepancies,
Errors, and Inconsistencies in Responses
[[Page 46742]]
Comment 7: Whether Commerce Properly Applied Adverse Facts
Available (AFA) to Non-Responsive Companies
Comment 8: Whether Commerce's Reliance on AFA for Certain
Companies Is Supported by Substantial Evidence
Comment 9: Whether Commerce Should Apply AFA to Cam Lam Vietnam
Joint Stock Company (Cam Lam)
Comment 10: Whether Commerce Should Apply AFA to Certain Other
Verified Companies
Comment 11: Whether Commerce Should Apply AFA to TL Trung Viet
Company Limited (TL Trung) and VVAT Company Limited (VVAT)
Comment 12: Whether Commerce Should Revise its Customs
Instructions and Certification Program to Exclude Merchandise
Comment 13: How Commerce Should Address Procedural and Equity
Concerns
Comment 14: Whether Commerce Should Apply a Negative
Determination to Certain Companies
Comment 15: Whether Commerce's Certification Decision Expands
the Scope of these Inquiries
VII. Recommendation
Appendix II
Certification Requirements
If an importer imports certain hardwood plywood products
(hardwood plywood) from Vietnam and claims that the hardwood plywood
was not produced using plywood inputs and components (face veneer,
back veneer, and/or either an assembled core or individual core
veneers) manufactured in the People's Republic of China (China), the
importer is required to complete and maintain the importer
certification attached hereto as Appendix III and all supporting
documentation. 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 of such merchandise 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. The party that made
the sale to the United States should fill out the exporter
certification.
The deadline to submit certifications for unliquidated entries
on or after June 17, 2020, and until August 28, 2022 is thirty days
after the deadline for this final determination, i.e., August 14,
2023.\14\ For all such entries, exporters and importers should use
the appropriate certifications provided in the appendices to the
Preliminary Determination. As explained in the Preliminary
Determination at Appendix II, for entries after August 28, 2022,
through the date of publication of this notice in the Federal
Register, for which certifications are required, importers should
have completed the required certification at or prior to the date of
entry summary, and exporters should have completed the required
certification and provided it to the importer at or prior to the
date of shipment. Such certifications were included as appendices to
the Preliminary Determination.
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\14\ See, e.g., 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; Extension of Deadline to
Certify Certain Entries, 87 FR 75231 (December 8, 2022).
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For entries on or after the date of publication of this notice
in the Federal Register, for which certifications are required,
importers should complete the required certification at or prior to
the date of entry summary, and exporters should complete the
required certification and provide it to the importer at or prior to
the date of shipment. Such certifications are included as appendices
to this notice.
The importer and exporter are also required to maintain
sufficient documentation supporting their certifications. 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 at this time. However, the importer and
the exporter will be required to present the certifications and
supporting documentation to 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.
In the situation where no certification is maintained for an
entry, and AD/CVD orders on hardwood plywood from China potentially
apply to that entry, Commerce intends to instruct CBP to continue to
suspend the entry and collect cash deposits at the rate applicable
under the Orders (i.e., the AD rate established for the China-wide
entity (183.36 percent) and the CVD rate established for all-other
Chinese producers/exporters (22.98 percent)).
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
{ADRESS OF IMPORTING COMPANY{time} .
(B) I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of 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;
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
[[Page 46743]]
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 duty (AD)/
countervailing duty (CVD) 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 AD and/
or CVD 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; 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 to 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 and supporting documentation 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 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)/countervailing
duty (CVD) orders on hardwood plywood 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
[cir] the revocation of {NAME OF EXPORTING 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.
(J) This certification was completed at time of shipment;
(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. Arrow Forest International Co., Ltd
2. BAC Son Woods Processing Joint Stock Company
3. BHL Thai Nguyen Corp.
4. Cam Lam Joint Stock Company
5. Eagle Industries Company Limited
6. Golden Bridge Industries Pte. Ltd.
7. Govina Investment Joint Stock Company
8. Greatriver Wood Co. Ltd.
9. Groll Ply and Cabinetry
10. Hai Hien Bamboo Wood Joint Stock Company
11. Her Hui Wood (Vietnam) Co., Ltd.
12. Hoang LAM Plywood Joint Stock Co.
13. Huong Son Wood Group Co., Ltd.
14. Innovgreen Thanh Hoa Co. Ltd.
15. Lechenwood Viet Nam Company Limited
16. Long LUU Plywood Production Co., Ltd.
17. Long Phat Construction Investment and Trade Joint Stock Company
18. Plywood Sunshine Ltd. Co.
19. Quang Phat Woods JSC
20. TEKCOM Corporation
21. TL Trung Viet Company Limited
22. VVAT Company Limited
23. Win Faith Trading
24. Zhongjia Wood Company Limited
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. Linwood Vietnam Co. Ltd
5. Quoc Thai Forestry Import Export Limited Company
6. Rongjia Woods Vietnam Company Limited
7. Sumec Huongson Wood Group Co. Ltd.
8. Tan Tien Co. Ltd
9. Thang Long Wood Panel Company Ltd.
[[Page 46744]]
10. Thanh Hoa Stone Export Company
11. Truong Son North Construction JSC
12. Vietind Co. Ltd.
13. Vietnam Golden Timber Company Limited
[FR Doc. 2023-15431 Filed 7-19-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 20, 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.