Notice2023-24799
Certain Welded Carbon Steel Standard Pipes and Tubes From India: Final Affirmative Determination of Circumvention of the Antidumping Duty Order
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 certain welded carbon steel standard pipes and tubes (pipe and tube), completed in the Socialist Republic of Vietnam (Vietnam) using hot-rolled steel (HRS) produced in India, are circumventing the antidumping duty (AD) order on pipe and tube from India.
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 77279-77283]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24799]
[[Page 77279]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-502]
Certain Welded Carbon Steel Standard Pipes and Tubes From India:
Final Affirmative Determination of Circumvention of the Antidumping
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of certain welded carbon steel standard pipes and tubes (pipe
and tube), completed in the Socialist Republic of Vietnam (Vietnam)
using hot-rolled steel (HRS) produced in India, are circumventing the
antidumping duty (AD) order on pipe and tube from India.
DATES: Applicable November 9, 2023.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0665.
SUPPLEMENTARY INFORMATION:
Background
On May 12, 1986, Commerce published in the Federal Register the AD
order on pipe and tube from India.\1\ On August 4, 2022, Commerce
initiated a country-wide circumvention inquiry to determine whether
certain imports of pipe and tube completed in Vietnam using HRS
produced in India are circumventing the Order.\2\ On April 12, 2023,
Commerce published in the Federal Register its Preliminary
Determination that imports of pipe and tube completed in Vietnam using
HRS produced in India are circumventing the Order.\3\ 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 to November
2, 2023.\5\ For 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 consideration in the final
determination, see the Issues and Decision Memorandum.\6\ 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>.
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\1\ See Antidumping Duty Order; Certain Welded Carbon Steel
Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986)
(Order or India Order).
\2\ See Circular Welded Carbon Quality Steel Pipe from the
People's Republic of China; Certain Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea; Certain Welded Carbon Steel
Standard Pipes and Tubes from India; Certain Circular Welded Carbon
Steel Pipes and Tubes from Taiwan; Certain Circular Welded Non-Alloy
Steel Pipe from Taiwan; Light-Walled Rectangular Pipe and Tube from
the People's Republic of China; Light-Walled Rectangular Pipe and
Tube from the Republic of Korea; Light-Walled Welded Rectangular
Carbon Steel Tubing from Taiwan: Initiation of Circumvention
Inquiries on the Antidumping and Countervailing Duty Orders, 87 FR
47711 (August 4, 2022).
\3\ See Certain Welded Carbon Steel Standard Pipes and Tubes
from India: Preliminary Affirmative Determination of Circumvention
of the Antidumping Duty Order, 88 FR 21994 (April 12, 2023)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\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
Circumvention Inquiry of the Antidumping Duty Order on Certain
Welded Carbon Steel Standard Pipes and Tubes from India,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order
The products covered by the Order include certain welded carbon
steel standard pipes and tubes with an outside diameter of 0.375 inch
or more but not over 16 inches. For a full description of the scope of
the Order, see the Issues and Decision Memorandum.
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers pipe and tube completed in
Vietnam using India-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 5-23.
\8\ See Issues and Decision Memorandum at 4.
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Determination of No Shipments
Based on the information provided by Vietnam Haiphong Hongyuan
Machinery Manufactory Co., Ltd. (Vietnam Haiphong) in this
circumvention inquiry, Commerce continues to find, as it did in the
Preliminary Determination, that Vietnam Haiphong had no shipments of
inquiry merchandise to the United States during the period of inquiry,
January 1, 2017, through December 31, 2021.\9\
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\9\ See Preliminary Determination PDM at 12; see also Issues and
Decision Memorandum at Comments 2 and 3.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this inquiry 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 did not revise the Preliminary Determination, except for
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 pipe and tube were not produced
using HRS.
Final Circumvention Determination
As detailed in the Issues and Decision Memorandum, Commerce
determines that pipe and tube completed in Vietnam using India-origin
HRS and subsequently exported from Vietnam to the United States is
circumventing the Order 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 Order.
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.
Suspension of Liquidation and Cash Deposit Requirements
Based on the affirmative country-wide determination of
circumvention for India, in accordance with 19 CFR 351.226(l)(3), we
will direct U.S. Customs and Border Protection (CBP) to
[[Page 77280]]
suspend liquidation and require a cash deposit of estimated duties on
unliquidated entries of pipe and tube completed in Vietnam using India-
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.
Pipe and tube produced in Vietnam from HRS that is not of Indian
origin is not subject to this inquiry. Therefore, cash deposits are not
required for such merchandise under the India Order. However, Commerce
finds that certain circular welded non-alloy steel pipe (CWP) completed
in Vietnam using the People's Republic of China (China)-origin HRS is
circumventing the AD and countervailing duty (CVD) orders on CWP from
China, and CWP completed in Vietnam using the Republic of Korea
(Korea)-origin HRS is circumventing the AD order on CWP from Korea.\10\
Imports of such merchandise are subject to certification requirements,
and cash deposits may be required.
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\10\ See the unpublished Federal Register notices, ``Certain
Circular Welded Non-Alloy Steel Pipe from the People's Republic of
China: Final Affirmative Determination of Circumvention of the
Antidumping and Countervailing Duty Orders,'' and ``Certain Circular
Welded Non-Alloy Steel Pipe from the Republic of Korea: Final
Affirmative Determination of Circumvention of the Antidumping Duty
Order,'' dated concurrently with this notice.
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If an importer imports pipe and tube from Vietnam and claims that
the pipe and tube was not produced from India-origin HRS, or
alternately, claims that the pipe and tube was produced using an input
other the 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 India Order 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 pipe and
tube were not produced using HRS.
Where no certification is provided for an entry, and AD/CVD orders
from three countries (China, India, or Korea) 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 CWP from China (i.e., the AD cash deposit rate established for the
China-wide entity (85.55 percent) and the CVD cash deposit rate
established for all-others (39.01 percent)) under the following third
country CBP case numbers: A-552-009-000 and C-552-010-000.\11\ This is
to prevent evasion, given that the AD/CVD cash deposit rates
established for CWP from China are higher than the AD cash deposit
rates established for pipe and tube from India and CWP from Korea.
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\11\ See Notice of Antidumping Duty Order: Circular Welded
Carbon Quality Steel Pipe from the People's Republic of China, 73 FR
42547 (July 22, 2008); and Circular Welded Carbon Quality Steel Pipe
from the People's Republic of China: Notice of Amended Final
Affirmative Countervailing Duty Determination and Notice of
Countervailing Duty Order, 73 FR 42545 (July 22, 2008).
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Where a certification is provided for the AD/CVD orders on CWP 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 India Order (i.e., the AD case deposit rate established for all-
others (7.08 percent)) under the following third country CBP case
number: A-552-012-000.\12\ This is to prevent evasion, given that the
AD cash deposit rate established for pipe and tube from India is higher
than the AD cash deposit rate established for CWP from Korea.
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\12\ See India Order.
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Commerce established the following third country CBP case number in
the Automated Commercial Environment (ACE) for entries of pipe and tube
produced in Vietnam using India-origin HRS: A-552-012-000. Commerce
also established the following company-specific third country CBP case
number for SeAH VINA, for which Commerce made an affirmative
determination of circumvention, for entries of pipe and tube produced
in Vietnam using India-origin HRS: A-552-012-001. The cash deposit rate
will be the India AD all-others rate (i.e., 7.08 percent).\13\
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\13\ Id.
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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 for Vietnam, Commerce established importer and exporter
certifications which allow companies to certify that specific entries
of pipe and tube 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 India-origin HRS or was made with an
input other than HRS (see Appendix II to this notice).
Importers and exporters that claim that the entry of pipe and tube
is not subject to suspension of liquidation or the collection of cash
deposits because the merchandise was not made with India-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 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 pipe and
tube that was manufactured in Vietnam to the United States.
[[Page 77281]]
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 pipe and tube 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 pipe and tube that were declared as non-AD 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 type entries to AD type entries (e.g., type 01 to type 03).
Importers should report those AD 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
Order,\14\ 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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\14\ See Order.
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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. An
interested party who would like Commerce to conduct an administrative
review should wait until Commerce announces via the Federal Register
the next opportunity to request a review during the anniversary month
of the publication of the AD order to submit such requests. The
anniversary month for this Order is May.
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 Order
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: Certification Requirements for Vietnam Haiphong
Comment 4: Whether Commerce Is Bound by its Previous
Determination That SeAH VINA's Exports of Pipe Produced Using
Imported HRS Are Products of Vietnam
Comment 5: Whether Commerce May Impose Antidumping or
Countervailing Duties in the Absence of Evidence of Injurious
Dumping or Subsidies on SeAH VINA's Pipe Exports
Comment 6: Whether the Production of Pipe From Imported HRS
Constitutes ``Assembly or Completion'' Within the Meaning of the
Statute
Comment 7: Whether the Process of Completion of Pipe in Vietnam
Is Minor or Insignificant
Comment 8: Whether Commerce Properly Considered the Lack of
Affiliations
Comment 9: Whether Commerce Properly Considered the Pattern of
Trade and Sourcing
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
certain welded carbon steel standard pipes and tubes (pipe and tube)
produced in Vietnam that entered under entry summary number(s),
identified below, and are covered by this certification. ``Direct
personal knowledge'' refers to facts the certifying party is
expected to have in its own records. For example, the importer
should have direct personal knowledge of the importation of pipe and
tube, 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 pipe and tube 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 pipe and tube 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 pipe and tube);
F. This certification applies to the following entries (repeat
this block as many times as necessary):
[[Page 77282]]
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 pipe and tube covered by this certification was
produced using inputs other than HRS.
Producer:
Producer's Address:
G. The pipe and tube covered by this certification does not
contain HRS produced in India;
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
submit a copy of the importer and exporter certifications as part of
the entry summary by uploading them into the document imaging system
(DIS) in ACE, and to provide U.S. Customs and Border Protection
(CBP) and/or the U.S. Department of Commerce (Commerce) with the
importer certification, and any supporting documentation, and a copy
of the exporter's certification, and any supporting documentation
provided to the importer by the exporter, upon request of either
agency;
K. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
L. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are within the scope of the antidumping duty (AD) order on pipe and
tube from India. 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); located at {ADDRESS OF FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES);
B. I have direct personal knowledge of the facts regarding the
production and exportation of the certain welded carbon steel
standard pipes and tubes (pipe and tube) 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 pipe and tube 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 pipe and tube covered by this certification does not
contain HRS produced in India;
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 pipe and tube.
Location (Country) of Producer of HRS: State ``N/A'' if the
producer did not use HRS in the production of pipe and tube.
F. The pipe and tube covered by this certification was shipped
to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} ,
located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES{time} is required to maintain a copy of this
certification and sufficient documentation supporting this
certification (i.e., documents maintained in the normal course of
business, or documents obtained by the certifying party, for
example, product data sheets, mill test reports, productions
records, invoices, etc.) until the later of: (1) the date that is
five years after the latest date of the entries covered by the
certification; or (2) the date that is three years after the
conclusion of any litigation in the United States courts regarding
such entries;
H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES{time} is required to provide the U.S. importer
with a copy of this certification and is required to provide U.S.
Customs and Border Protection (CBP) and/or the U.S. Department of
Commerce (Commerce) with this certification, and any supporting
documents, upon request of either agency;
I. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
J. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all sales to which this certification applies are
within the scope of the antidumping duty order on pipe and tube from
India. 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
[[Page 77283]]
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. 2023-24799 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 9, 2023.
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