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Notice2023-18252

Antidumping and Countervailing Duty Orders on Certain Collated Steel Staples From the People's Republic of China: Preliminary Affirmative Determinations of Circumvention With Respect to the Kingdom of Thailand and the Socialist Republic of Vietnam

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Published

August 24, 2023

Issuing agencies

Commerce DepartmentInternational Trade Administration

Abstract

The U.S. Department of Commerce (Commerce) preliminarily determines that imports of certain collated steel staples (collated staples) that were: (1) exported from the Kingdom of Thailand (Thailand) using inputs (i.e., steel wire and wire band) manufactured in the People's Republic of China (China), and (2) exported from the Socialist Republic of Vietnam (Vietnam) using wire band manufactured in China, as specified below, are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on collated staples from China.

Full Text

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<title>Federal Register, Volume 88 Issue 163 (Thursday, August 24, 2023)</title>
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[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Notices]
[Pages 57931-57937]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18252]

[[Page 57931]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-112, C-570-113]

Antidumping and Countervailing Duty Orders on Certain Collated
Steel Staples From the People's Republic of China: Preliminary
Affirmative Determinations of Circumvention With Respect to the Kingdom
of Thailand and 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 imports of certain collated steel staples (collated
staples) that were: (1) exported from the Kingdom of Thailand
(Thailand) using inputs (i.e., steel wire and wire band) manufactured
in the People's Republic of China (China), and (2) exported from the
Socialist Republic of Vietnam (Vietnam) using wire band manufactured in
China, as specified below, are circumventing the antidumping duty (AD)
and countervailing duty (CVD) orders on collated staples from China.

DATES: Applicable August 24, 2023.

FOR FURTHER INFORMATION CONTACT: Brian Smith (Thailand) and Shane
Subler (Vietnam), Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1766
and (202) 482-6241, respectively.

SUPPLEMENTARY INFORMATION:

Background

On July 20, 2020, Commerce published in the Federal Register AD and
CVD orders on U.S. imports of collated staples from China.\1\ On
December 14, 2022, pursuant to section 781(b) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.226(d)(1)(ii), Commerce
initiated country-wide circumvention inquiries to determine whether
imports of collated staples, completed in Thailand and Vietnam
(collectively, the third countries), using inputs (i.e., steel wire and
wire bands) manufactured in China, are circumventing the Orders and,
accordingly, should be covered by the scope of the Orders.\2\ On March
3 and 7, 2023, Commerce selected two respondents from each of the
examined third countries as the mandatory respondents in these
circumvention inquiries.\3\
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\1\ See Certain Collated Steel Staples from the People's
Republic of China: Antidumping Duty Order, 85 FR 43815 (July 20,
2020) (Collated Staples AD Order) and Certain Collated Steel Staples
from the People's Republic of China: Countervailing Duty Order, 85
FR 43813 (July 20, 2020) (Collated Staples CVD Order) (collectively,
Orders).
\2\ See Certain Collated Steel Staples from the People's
Republic of China: Initiation of Circumvention Inquiries on the
Antidumping Duty and Countervailing Duty Orders, 87 FR 78047
(December 21, 2022) (Initiation Notice).
\3\ See Memorandum, ``Identification of Mandatory Respondents,''
dated March 3, 2023; see also Memorandum, ``Kingdom of Thailand
Respondent Identification,'' dated March 7, 2023.
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On May 11, 2023, Commerce extended the deadline for issuing the
preliminary determinations in these circumvention inquiries by 88 days,
until August 18, 2023.\4\ For a complete description of the events that
followed the initiation of these circumvention inquiries, see the
Preliminary Decision Memoranda.\5\ The topics included in the
Preliminary Decision Memoranda are identified in Appendix I of this
notice. The Preliminary Decision Memoranda are public documents and are
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memoranda can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memorandum, ``Extension of Preliminary Determination,''
dated May 11, 2023.
\5\ See Memoranda, ``Certain Collated Steel Staples from the
People's Republic of China: Preliminary Decision Memorandum for the
Circumvention Inquiry with Respect to the Kingdom of Thailand,'' and
``Certain Collated Steel Staples from the People's Republic of
China: Preliminary Decision Memorandum for the Circumvention Inquiry
with Respect to the Socialist Republic of Vietnam,'' each dated
concurrently with, and hereby adopted by, this notice (collectively,
Preliminary Decision Memoranda).
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Scope of the Orders

The merchandise covered by the Orders is certain collated steel
staples. For a full description of the scope of the Orders, see the
Preliminary Decision Memoranda.

Merchandise Subject to the Circumvention Inquiries

These circumvention inquiries cover collated staples, assembled or
completed in Thailand using Chinese-origin steel wire and/or wire
bands, and in Vietnam using Chinese-origin wire bands, that are
subsequently exported from Thailand and Vietnam to the United States
(inquiry merchandise).

Methodology

Commerce made these preliminary circumvention determinations in
accordance with section 781(b) of the Act and 19 CFR 351.226. For a
full description of the methodology underlying the preliminary
determinations, see the Preliminary Decision Memoranda.

Preliminary Circumvention Determinations

We preliminarily determine that collated staples, assembled or
completed in Thailand by the entities identified in Appendix II of this
notice, using Chinese-origin steel wire, and/or wire bands, that are
subsequently exported from Thailand to the United States, are
circumventing the Orders. For a detailed explanation of our
determinations with respect to the entities identified in Appendix II,
see the Preliminary Decision Memorandum for Thailand.
We also preliminarily determine that collated staples, assembled or
completed in Vietnam by the entities identified in Appendix II of this
notice, using Chinese-origin wire bands, that are subsequently exported
from Vietnam to the United States, are circumventing the Orders. For a
detailed explanation of our determinations with respect to the entities
identified in Appendix II, see the Preliminary Decision Memorandum for
Vietnam and the ``Use of Adverse Facts Available'' section, below.
As detailed in the Preliminary Decision Memoranda, we also
preliminarily determine that U.S. imports of inquiry merchandise
exported from Thailand and Vietnam are circumventing the Orders on a
country-wide basis.
See the ``Suspension of Liquidation and Cash Deposit Requirements''
section below for details regarding suspension of liquidation and cash
deposit requirements. See the ``Certification'' and ``Certification
Requirements'' sections below for details regarding the use of
certifications for inquiry merchandise exported from Thailand and/or
Vietnam.

Use of Adverse Facts Available

Pursuant to section 776(a) of the Act, if 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 impedes a
proceeding, Commerce shall use the facts otherwise available in
reaching the applicable determination. Moreover, pursuant to section
776(b) of the Act,

[[Page 57932]]

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.
For purposes of respondent selection, Commerce requested
information from certain companies in Vietnam related to the quantity
and value (Q&V) of their exports during the inquiry period. In these
Q&V questionnaires, Commerce explained that, if the company to which
Commerce issued the questionnaire failed to respond to the
questionnaire, or failed 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. Two companies to which Commerce
issued the Q&V questionnaire in the Vietnam inquiry (i.e., Meihotech
Vietnam Inc. (Meihotech) and Weifang Wenhe Pneumatic Tools Co., Ltd.
(Weifang Wenhe)) received, but failed to timely respond to, the Q&V
questionnaire.
Therefore, we preliminarily find that necessary information is not
available on the record and that Meihotech and Weifang Wenhe withheld
requested information, failed to provide requested information by the
deadline or in the form and manner requested, and significantly impeded
the inquiry. Moreover, we find that these companies failed to cooperate
to the best of their ability to provide the requested Q&V information
because they did not timely respond to Commerce's Q&V questionnaire.
Consequently, we relied upon adverse inferences with respect to
Meihotech and Weifang Wenhe in selecting from among the facts otherwise
available on the record, pursuant to sections 776(a) and (b) of the
Act. For details regarding the adverse facts available relied upon in
our decision, see the Preliminary Decision Memorandum for Vietnam.
Therefore, we preliminarily determine that Meihotech and Weifang
Wenhe exported inquiry merchandise and that U.S. entries of that
merchandise are circumventing the Orders. Additionally, we are
preliminarily precluding Meihotech and Weifang Wenhe from participating
in the certification program that we are establishing for exports of
collated staples from Vietnam.
U.S. entries of inquiry merchandise made on or after December 14,
2022, that are ineligible for certification based on the failure of
Meihotech and Weifang Wenhe 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.\6\ Interested parties that wish to
have their suspended entries, if any, reviewed, and their ineligibility
for the certification program re-evaluated, should request an
administrative review of the relevant suspended entries during the next
anniversary month of these Orders (i.e., July 2024).\7\
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\6\ Commerce continues to consider the process by which
companies may demonstrate eligibility for the certification program
in future segments of the collated staples proceedings. Commerce
encourages interested parties to provide comments on this topic in
their case briefs.
\7\ See 19 CFR 351.213(b).
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Suspension of Liquidation and Cash Deposit Requirements

Based on the preliminary affirmative country-wide determinations of
circumvention for Thailand and Vietnam, and the preliminary affirmative
determinations of circumvention for the companies identified in
Appendix II, 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
collated staples, assembled or completed in Thailand using Chinese-
origin steel wire and/or wire bands, and in Vietnam using Chinese-
origin wire bands, that were entered, or withdrawn from warehouse, for
consumption on or after December 21, 2022, the date of publication of
the Initiation Notice.\8\
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\8\ See 19 CFR 351.226(l)(2)(ii).
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For exporters of the collated staples that have a company-specific
cash deposit rate under the Collated Staples AD Order and/or Collated
Staples CVD Order, the cash deposit rate will be the company-specific
AD and/or CVD cash deposit rate established for that company in the
most recently completed segment of the collated staples proceedings.
For exporters of collated staples that do not have a company-specific
cash deposit rate under the Collated Staples AD Order and/or Collated
Staples CVD Order, the cash deposit rate will be the company-specific
cash deposit rate established under the Collated Staples AD Order and/
or Collated Staples CVD Order for the company that exported the steel
wire and/or wire bands to the producer/exporter in Thailand and for the
company that exported the wire bands to the producer/exporter in
Vietnam that were incorporated in the imported collated staples.
If neither the exporter of the collated staples from Thailand, nor
the Chinese exporter of the steel wire and/or wire bands has a company-
specific cash deposit rate, the AD cash deposit rate will be the China-
wide rate (112.01 percent), and the CVD cash deposit rate will be the
``all-others'' rate (12.32 percent).
If neither the exporter of the collated staples from Vietnam, nor
the Chinese exporter of the wire bands, has a company-specific cash
deposit rate, the AD cash deposit rate will be the China-wide rate
(112.01 percent), and the CVD cash deposit rate will be the ``all-
others'' rate (12.32 percent). Commerce has established the following
third-country case numbers in the Automated Commercial Environment
(ACE) for such entries: Thailand A-549-112/C-549-113; Vietnam A-552-
112/C-552-113. The suspension of liquidation 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 Appendices III and IV
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 antidumping and countervailing duties.

Certifications

In order to administer the preliminary country-wide and company-
specific affirmative determinations of circumvention for Thailand and
Vietnam, Commerce has established importer and exporter certifications.
These certifications will permit importers and exporters to establish
that specific entries of collated staples from Thailand and Vietnam are
not subject to suspension of liquidation or the collection of cash
deposits pursuant to these preliminary country-wide affirmative
determinations of circumvention because the merchandise meets the
component content requirements described in the certification (see
Appendix III (for Thailand) and Appendix IV (for Vietnam) to this
notice). Because Meihotech and Weifang Wenhe were non-cooperative, they
are not eligible to use the certifications described above.\9\
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\9\ See Preliminary Decision Memorandum for Vietnam at ``Use of
Facts Available with Adverse Inferences,'' and, e.g., Anti-
circumvention Inquiry of the Antidumping Duty Order on Certain Pasta
from Italy: Affirmative Preliminary Determination of Circumvention
of the Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998),
unchanged in Anti-Circumvention Inquiry of the Antidumping Duty
Order on Certain Pasta from Italy: Affirmative Final Determination
of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675-
76 (October 13, 1998).

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[[Page 57933]]

Importers and exporters that claim that an entry of collated
staples is not subject to suspension of liquidation or the collection
of cash deposits based on the inputs used to manufacture such
merchandise 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

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, it 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 must be completed by the party selling the collated
staples that were manufactured in Thailand or 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 collated staples from Thailand and Vietnam that were
entered, or withdrawn from warehouse, for consumption during the period
December 2022 (i.e., the date of publication of the Initiation Notice,
through the date of publication of these preliminary determinations 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 these
preliminary determinations 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 these preliminary determinations in the
Federal Register.
For unliquidated entries (and entries for which liquidation has not
become final) of collated staples that were declared as non-AD/CVD type
entries (e.g., type 01) and entered, or withdrawn from warehouse, for
consumption in the United States during the period December 21, 2022
(the date of publication of the Initiation Notice) through the date of
publication of these preliminary determinations 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/CVD type entries to AD/CVD type entries (e.g., type 01 to type 03).
Importers should report those AD/CVD type entries using the following
third-country case numbers: Thailand A-549-112/C-549-113; Vietnam A-
552-112/C-552-113. Other third-country case numbers may be established
following the process described above. The importer should pay cash
deposits on those entries consistent with the regulations governing
post summary 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 these
preliminary country-wide affirmative determinations of circumvention
and the Orders,\10\ all unliquidated entries for which these
requirements were not met and to require the importer to post
applicable AD and CVD cash deposits equal to the rates noted above.
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\10\ See Orders.
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Interested parties may comment in their case briefs on these
certification requirements, and on the certification language contained
in the appendices to this notice.

Public Comment

Case briefs or other written comments for a particular country
should be submitted to the Assistant Secretary for Enforcement and
Compliance no later than 14 days after the issuance of these
preliminary determinations.\11\ Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline for case briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or rebuttal briefs in these
circumvention inquiries are encouraged to submit with each argument:
(1) a statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities. Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\13\
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\11\ See 19 CFR 351.226(f)(4).
\12\ Id.; see also 19 CFR 351.303 (for general filing
requirements).
\13\ 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing for a particular country, 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
in the Federal Register. Requests should contain: (1) the requesting
party's name, address, and telephone number; (2) the number of
individuals from the requesting party that will attend the hearing and
whether any of those individuals is a foreign national; and (3) a list
of the issues that the party intends to discuss at the hearing. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm by telephone
the date, time, and location of the hearing two days before the
scheduled date of the hearing.

[[Page 57934]]

U.S. International Trade Commission Notification

Consistent with section 781(e) of the Act, Commerce will notify the
U.S. International Trade Commission (ITC) of these preliminary
determinations to include the merchandise subject to these
circumvention inquiries within the Orders. Pursuant to section 781(e)
of the Act, the ITC may request consultations concerning Commerce's
proposed inclusion of the inquiry merchandise. If, after consultations,
the ITC believes that a significant injury issue is presented by the
proposed inclusion, it will have 60 days from the date of notification
by Commerce to provide written advice.

Notification to Interested Parties

These determinations are issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.226(g)(1).

Dated: August 18, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

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Appendix No. Appendix name
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I...................... Topics Discussed in the Preliminary Decision
Memoranda.
II..................... Companies Preliminarily Found to Be
Circumventing the Orders.
III.................... Certification Regarding Chinese Inputs--
Thailand.
IV..................... Certification Regarding Chinese Inputs--
Vietnam.
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Appendices

Appendix I

Topics Discussed in the Preliminary Decision Memoranda

Thailand

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Affiliation
VII. Non-Market Economy Methodology for Valuing Material Inputs From
China
VIII. Statutory and Regulatory Framework for the Circumvention
Inquiry
IX. Statutory Analysis for the Circumvention Inquiry
X. Summary of Statutory Analysis
XI. Certification Process and Country-Wide Affirmative Determination
of Circumvention
XII. Recommendation

Vietnam

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Application of Facts Available and Use of Adverse Inferences
VII. Surrogate Country and Methodology for Valuing Factors of
Production and Processing in Vietnam
VIII. Surrogate Country and Methodology for Valuing Factors of
Production and Processing in China
IX. Statutory and Regulatory Framework for the Circumvention Inquiry
X. Analysis of Statutory Criteria for the Circumvention Inquiry
XI. Summary of Statutory Analysis
XII. Country-Wide Affirmative Determination of Circumvention
XIII. Recommendation

Appendix II

Companies Found To Be Circumventing the Orders

Thailand

1. YF Technology Corporation, Ltd.
2. UM Industry, Co., Ltd.

Vietnam

1. Vina Hardwares Joint Stock Company
2. VN Fasteners Co., Ltd.
3. Vina Staples Company Limited
4. Meihotech Vietnam Inc. (based on adverse facts available)
5. Weifang Wenhe Pneumatic Tools Co., Ltd. (based on adverse facts
available)

Appendix III

Certification Regarding Chinese Inputs (for Thailand)

Importer Certification

I hereby certify that:
A. My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I am
an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of the
certain collated steel staples (collated staples) from the People's
Republic of China (China) completed in Thailand that entered under
the entry summary number(s), identified below, and are covered by
this certification. ``Direct personal knowledge'' refers to the
facts the certifying party is expected to have in its own records.
For example, the importer should have direct personal knowledge of
the exporter's and/or 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 collated staples covered by this certification were imported
by {NAME OF IMPORTING COMPANY{time} on behalf of {NAME OF U.S.
CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .
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 collated staples covered by this certification were
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 the inputs used to produce the
imported products).
F. The importer certifies that the collated staples produced in
Thailand that are covered by this certification were not
manufactured using steel wire and/or wire bands produced in China,
regardless of whether sourced directly from a Chinese producer or
from a downstream supplier.
G. The collated staples covered by this certification are not
covered by the antidumping duty or countervailing duty orders on
collated staples from China.
H. This certification applies to the following entries (repeat
this block as many times as necessary):

Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer:
Producer's Address:

[[Page 57935]]

certification; or (2) the date that is three years after the
conclusion of any litigation in United States courts regarding such
entries.
K. I understand that {NAME OF IMPORTING COMPANY{time} is
required 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 the request of either agency.
L. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
M. I understand that failure to maintain the required
certifications and 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 entries of merchandise that is covered by the scope of the
antidumping and countervailing duty orders on certain collated steel
staples from China. I understand that such a 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.
N. I understand that agents of the importer, such as brokers,
are not permitted to make this certification.
O. 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.
P. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially 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 EXPORTING COMPANY{time} , located at {ADDRESS
OF EXPORTING COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
production and exportation of the collated staples 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 collated staples covered by this certification were
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 seller certifies that the collated staples produced in
Thailand that are covered by this certification were not
manufactured using steel wire and/or wire bands produced in China,
regardless of whether sourced directly from a Chinese producer or
from a downstream supplier.
E. The collated staples covered by this certification are not
covered by the antidumping duty or countervailing duty orders on
collated staples from China.
F. 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 the Foreign Seller: (if the foreign seller
and the producer are the same party, report ``NA'' here)

G. 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 specification sheets, customer
specification sheets, production records, invoices, etc.) 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.
H. I understand that {EXPORTING COMPANY{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 the 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
sales of merchandise that is covered by the scope of the antidumping
and countervailing duty orders on collated staples from China. I
understand that such a 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 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 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 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.
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 materially false statements to the U.S.
government.
Signature

{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}

Appendix IV

Certification Regarding Chinese Inputs (for Vietnam)

Importer Certification

[[Page 57936]]

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 collated staples covered by this certification were
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 the inputs used to produce the
imported products).
F. The importer certifies that the collated staples produced in
Vietnam that are covered by this certification were not manufactured
using wire bands produced in China, regardless of whether sourced
directly from a Chinese producer or from a downstream supplier.
G. The collated staples covered by this certification are not
covered by the antidumping duty or countervailing duty orders on
collated staples from China.
H. This certification applies to the following entries (repeat
this block as many times as necessary):

Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer:
Producer's Address:

I. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, product specification sheets,
production records, invoices, etc.) 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.
J. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of the exporter's certification
(attesting to information regarding 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 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.
K. I understand that {NAME OF 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 the request of either agency.
L. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
M. I understand that failure to maintain the required
certifications and 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 entries of merchandise that is covered by the scope of the
antidumping and countervailing duty orders on collated staples from
China. I understand that such a 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.
N. I understand that agents of the importer, such as brokers,
are not permitted to make this certification.
O. 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.
P. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially 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 EXPORTING COMPANY{time} , located at {ADDRESS
OF EXPORTING COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
production and exportation of the collated staples 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 collated staples covered by this certification were
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 seller certifies that the collated staples produced in
Vietnam that are covered by this certification were not manufactured
using wire bands produced in China, regardless of whether sourced
directly from a Chinese producer or from a downstream supplier.
E. The collated staples covered by this certification are not
covered by the antidumping duty or countervailing duty orders on
collated staples from China.
F. 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):

[[Page 57937]]

(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 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 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.
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 materially false statements to the U.S.
government.
Signature

{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}

[FR Doc. 2023-18252 Filed 8-23-23; 8:45 am]
BILLING CODE 3510-DS-P

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