Notice2023-24796
Light-Walled Rectangular Pipe and Tube From the People's Republic of China: Final 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
November 9, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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 216 (Thursday, November 9, 2023)</title>
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[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77283-77287]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24796]
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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: Final 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) 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 November 9, 2023.
FOR FURTHER INFORMATION CONTACT: Reginald Anadio, AD/CVD Operations,
Office VI, 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 April 12, 2023, Commerce
published in the Federal Register its Preliminary Determination that
imports of LWRPT completed in Vietnam using HRS produced in China are
circumventing the Orders.\3\
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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), and accompanying Circumvention Initiation
Memorandum.
\3\ See Light-Walled Rectangular Pipe and Tube from the People's
Republic of China: Preliminary Determination of Circumvention of the
Antidumping Duty and Countervailing Duty Orders, 88 FR 21985 (April
12, 2023) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum (PDM).
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On May 15, 2023, Commerce extended the deadline for the final
determination of this circumvention inquiry to August 4, 2023.\4\ On
July 20, 2023, Commerce further extended the deadline for the final
determination in this circumvention inquiry to November 2, 2023.\5\ For
a summary of events that occurred since the Preliminary Determination,
as well as a full discussion of the issues raised by parties for
consideration in the final determination, see the Issues and Decision
Memorandum.\6\
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\4\ See Memorandum, ``Extension of Deadline for Issuing Final
Determinations in Circumvention Inquiries,'' dated May 15, 2023.
\5\ See Memorandum, ``Extension of Deadline for Issuing Final
Determinations in Circumvention Inquiries,'' dated July 20, 2023.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Circumvention Determination of the Antidumping
Duty and Countervailing Duty Orders on Light-Walled Rectangular Pipe
and Tube from the People's Republic of China,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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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>.
Scope of the Orders
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 Issues and Decision
Memorandum.
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. See Preliminary Determination PDM for a full
description of the methodology.\7\ We have continued to apply this
methodology, without exception, and incorporate by reference this
description of the methodology, for our final determination.\8\
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\7\ See Preliminary Determination PDM at 4-30.
\8\ See Issues and Decision Memorandum at 1-67.
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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 at Appendix I.
Based on our analysis of the comments received from interested
parties, we made no changes to the Preliminary Determination, except
for the revisions to the certification language (see Appendix II),
which we have modified in response to comments to allow parties to also
use the certifications when their shipments of LWRPT were not produced
using HRS.
Final Circumvention Determination
As detailed in the Issues and Decision Memorandum, Commerce
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 determine that the
inquiry 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.
[[Page 77284]]
Suspension of Liquidation and Cash Deposit Requirements
Based on the affirmative country-wide determination of
circumvention for Vietnam, in accordance with 19 CFR 351.226(l)(3), 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 completed in Vietnam using China-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 finds
that LWRPT completed in Vietnam using the Republic of Korea (Korea)-
origin HRS is circumventing the AD order on LWRPT from Korea, and
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.\9\ Imports of such merchandise are
subject to certification requirements, and cash deposits may be
required.
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\9\ See the unpublished Federal Register notices, ``Light-Walled
Rectangular Pipe and Tube from the Republic of Korea: Final
Affirmative Determination of Circumvention of the Antidumping Duty
Order,'' and ``Light-Walled Welded Rectangular Carbon Steel Tubing
from Taiwan: Final 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, or alternatively, claims that
the LWRPT was produced using an input other than HRS, the importer and
exporter are required to meet the certification and documentation
requirements described in the ``Certifications'' and ``Certification
Requirements for Vietnam'' sections, below, in order to not be subject
to the China Orders cash deposit requirements.
See Appendix II for the revised importer and exporter
certifications, which we have modified in response to comments to allow
parties to also use the certifications when their shipments of LWRPT
were not produced using HRS.
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 rate applicable to the AD and CVD orders
on LWRPT from China (i.e., the AD cash deposit rate established for the
China-wide entity (255.07 percent) and the CVD cash deposit rate
established for all-others (15.28 percent) under the following third
country CBP case numbers: A-552-914-000 and C-552-915-000.\10\ This is
to prevent evasion, given that the AD/CVD cash deposit rates
established for LWRPT from China are higher than the AD cash deposit
rates established for LWRPT from Korea and LWR tubing from Taiwan.\11\
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\10\ See China Orders.
\11\ 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) (Korea Order);
Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan;
Final Results of Antidumping Duty Administrative Review, 57 FR
24464, 24466 (June 9, 1992) (Taiwan Order).
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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 or was produced using an input other than 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 Taiwan Order (i.e., the AD cash deposit rate established for all-
others (18.05 percent)) under the following third country CBP case
number: A-552-863-000.\12\ This is to prevent evasion, given that the
AD cash deposit rate established for LWR tubing from Taiwan is higher
than the AD cash deposit rate established for LWRPT from Korea.\13\
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\12\ See Taiwan Order.
\13\ See Korea Order.
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Commerce established the following third CBP country case number in
the Automated Commercial Environment (ACE) for entries of LWRPT
produced in Vietnam using Korea-origin HRS: A-552-859-000. The cash
deposit rate will be the Korea AD all-others rate (i.e., 15.79
percent).\14\
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\14\ Id.
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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, for all entries of LWRPT from Vietnam produced or exported
by Hoa Phat, to suspend liquidation and require a cash deposit at the
AD/CVD cash deposit rates established for LWRPT from China.\15\
Commerce established the following company-specific third country CBP
case numbers for Hoa Phat: A-552-914-001 and C-552-915-001.
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\15\ Hoa Phat is not eligible to participate in the
certification program as either producer or exporter. In addition,
other parties exporting pipe products produced by Hoa Phat will
likewise not be eligible to participate in the certification program
with regard to such products.
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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 AD and CVD duties.
Certifications
To administer the country-wide affirmative determination of
circumvention, 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 country-wide
affirmative determination of circumvention because the merchandise was
not made with China-origin HRS or was made with an input other than HRS
(see Appendix II to this notice). Because Hoa Phat was non-cooperative,
it is not eligible to use the certification described above.\16\
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\16\ See Preliminary Determination PDM at the ``Use of Facts
Available with Adverse Inferences'' section; see also, 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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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 was not made with China-origin HRS or was made
with an input other than 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
[[Page 77285]]
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 a broker, 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 this circumvention inquiry), 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
already be complete and signed.
For unliquidated entries (and entries for which liquidation has not
become final) of LWRPT 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 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/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 third
country CBP case numbers identified in the ``Suspension of Liquidation
and Cash Deposit Requirements'' section, above. The importer should
post cash deposits on those entries consistent with the regulations
governing post summary corrections that require payment of additional
duties, including AD/CVD duties.
If it is determined that an importer or exporter has not met the
certification and related documentation requirements for certain
entries, Commerce intends to instruct CBP to suspend, pursuant to this
country-wide affirmative determination of circumvention and the
Orders,\17\ 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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\17\ See Orders.
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Opportunity To Request an Administrative Review
Each year during the anniversary month of the publication of an AD
or CVD order, finding, or suspended investigation, an interested party,
as defined in section 771(9) of the Act, may request, in accordance
with 19 CFR 351.213, that Commerce conduct an administrative review of
that AD or CVD order, finding, or suspended investigation. Interested
parties who wish that Commerce conducts an administrative review should
wait until Commerce announces via the Federal Register the next window
during the anniversary month of the publication of the AD or CVD order
to submit such requests. The anniversary month for these Orders is
August.
Administrative Protective Order
This notice will serve as the only reminder to all parties subject
to 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 the return or 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 351.226(g)(2).
Dated: November 2, 2023.
Abdelali Elouaradia,
Deputy 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. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Changes from the Preliminary Determination
VII. Discussion of the Issues
Comment 1: Conflict Regarding the Timing of Certification
Requirements
Comment 2: Clarification in the Certification and Cash Deposit
Instructions Concerning the Inclusion of HRS Further Processed in
Vietnam Through a Cold-Rolling or Galvanizing Process
Comment 3: Whether Commerce's Denial of Hoa Phat's Extension
Request Was an Abuse of Discretion
Comment 4: Whether Commerce Lacks Statutory Authority to Deny
Hoa Phat a Certification Process, and the Selection of the AFA Rate
Comment 5: Commerce Must Detail the Process for Correct Cash
Deposit and Liquidation for Entries Produced or Exported by Hoa Phat
Comment 6: Commerce Must Clarify the Suspension of Liquidation
and Cash Deposit Requirements
Comment 7: Whether the Production of Pipe from Imported HRS
Constitutes ``Assembly or Completion'' Within the Meaning of the
Statute
Comment 8: Whether producers of LWRPT with Input Material Other
Than HRS Are Subject to the Inquiry or Any of the Requirements
Imposed by Commerce's Determination
Comment 9: Whether Commerce's Determination That Vina One Is
Circumventing the Taiwan Order Is in Accordance with Law When There
Is Insufficient Record Evidence to Show All Statutory Factors Are
Met
Comment 10: Whether Vina One's Process of Finishing LWRPT in
Vietnam from HRS Manufactured in China Is Minor and Insignificant
Pursuant to Sections 781(b)(2)(A), (C) and (D) of the Act
Comment 11: Whether the Production Process of LWRPT from HRS Is
Minor or Insignificant Pursuant to Section 781(b)(2) of the Act,
Exclusion of Non-Chinese-Origin Inputs
Comment 12: Whether Commerce Properly Considered the Pattern of
Trade and Sourcing
[[Page 77286]]
Comment 13: Whether Affiliations Indicate that Action is Not
Appropriate to Prevent Circumvention of the Orders Under Section
781(b)(1)(E) of the Act
Comment 14: Whether HRS Imports from China and Taiwan Indicate
that Action Is Not Appropriate to Prevent Evasion of the Orders
Under Section 781(b)(1)(E) of the Act
Comment 15: Whether Commerce Should Apply Affirmative
Circumvention Findings On a Country-Wide Basis
VIII. 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
light-walled rectangular pipe and tube (LWRPT) produced in the
Socialist Republic of 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) or an
input other than 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: State ``N/A'' for ``Country of Origin
of HRS'' if the LWRPT covered by this certification was produced
using inputs other than HRS.
Producer:
Producer's Address:
G. The LWRPT covered by this certification does not contain HRS
produced in the People's Republic of China (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 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 and countervailing duty
orders 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 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;
N. 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.
O. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE 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{time} ; 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 light-walled welded rectangular
pipe and tube (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 the People's Republic of China (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: State ``N/A'' if the producer did not
use HRS in the production of the LWRPT.
Location (Country) of Producer of HRS: State ``N/A'' if the
producer did not use HRS in the production of LWRPT.
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} ;
[[Page 77287]]
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 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. 2023-24796 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 9, 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.