Notice2023-24806
Circular Welded Carbon Quality Steel Pipe 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 circular welded carbon quality steel pipe (CWP), 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 CWP 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 77287-77291]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24806]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-910, C-570-911]
Circular Welded Carbon Quality Steel Pipe 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 circular welded carbon quality steel pipe (CWP), 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 CWP from China.
DATES: Applicable November 9, 2023.
FOR FURTHER INFORMATION CONTACT: Krisha Hill, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-4037.
SUPPLEMENTARY INFORMATION:
Background
On July 22, 2008, Commerce published in the Federal Register the AD
and CVD orders on CWP from China.\1\ On August 4, 2022, Commerce
initiated a country-wide circumvention inquiry to determine whether
certain imports of CWP 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
CWP completed in Vietnam using HRS produced in China are circumventing
the Orders.\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 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) (collectively, Orders or China
Orders).
\2\ See Circular Welded Carbon Quality Steel Pipe from the
People's Republic of China; Certain Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea; Certain Welded Carbon Steel
Standard Pipes and Tubes from India; Certain Circular Welded Carbon
Steel Pipes and Tubes from Taiwan; Certain Circular Welded Non-Alloy
Steel Pipe from Taiwan; Light-Walled Rectangular Pipe and Tube from
the People's Republic of China; Light-Walled Rectangular Pipe and
Tube from the Republic of Korea; Light-Walled Welded Rectangular
Carbon Steel Tubing from Taiwan: Initiation of Circumvention
Inquiries on the Antidumping and Countervailing Duty Orders, 87 FR
47711 (August 4, 2022).
\3\ See Circular Welded Carbon Quality Steel Pipe from the
People's Republic of China: Preliminary Affirmative Determination of
Circumvention of the Antidumping Duty and Countervailing Duty Order,
88 FR 21975 (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 and Countervailing Duty
Orders on Circular Welded Carbon Quality Steel Pipe from the
People's Republic of China,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Orders
The products covered by the Orders include certain welded carbon
quality steel pipes and tubes, of circular cross-section, and with an
outside diameter of 0.372 inches or more, but not more than 16 inches.
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 CWP completed in Vietnam using
China-origin HRS and subsequently
[[Page 77288]]
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 Decision Memorandum 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 6-25.
\8\ See Issues and Decision Memorandum at 5.
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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 13-14; 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 CWP were not produced using HRS.
Final Circumvention Determination
As detailed in the Issues and Decision Memorandum, Commerce
determines that CWP 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.
Suspension of Liquidation and Cash Deposit Requirements
Based on the affirmative country-wide determination of
circumvention for China, 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 CWP 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.
CWP produced in Vietnam from HRS that is not of Chinese origin is
not subject to this inquiry. Therefore, cash deposits are not required
for such merchandise under the China Orders. However, Commerce finds
that certain welded carbon steel standard pipes and tubes (pipe and
tube) completed in Vietnam using India-origin HRS is circumventing the
AD order on pipe and tube from India, 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
Welded Carbon Steel Standard Pipes and Tubes from India: Final
Affirmative Determination of Circumvention of the Antidumping Duty
Order,'' 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 CWP from Vietnam and claims that the CWP was
not produced from China-origin HRS, or alternately, claims that the CWP
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 CWP 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 Orders or China Orders.
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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 cash 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 Antidumping Duty Order; Certain Welded Carbon Steel
Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986)
(India Order).
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Commerce established the following third country CBP case numbers
in the Automated Commercial Environment (ACE) for entries of CWP
produced in Vietnam using China-origin HRS: A-552-009-000 and C-552-
010-000. Commerce established the following company-specific third
country CBP case numbers for SeAH VINA, for which Commerce made an
affirmative determination of circumvention, for entries of CWP produced
in Vietnam using China-origin HRS: A-552-009-001 and C-552-010-001. The
cash deposit rates will be the China-wide entity AD rate (i.e., 85.55
percent) and the China CVD all-others rate (i.e., 39.01 percent),
respectively.\13\
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\13\ See Orders or China Orders.
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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
[[Page 77289]]
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 CWP 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).
Importers and exporters that claim that the entry of CWP 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 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 CWP 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 CWP 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 CWP 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,\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 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. 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 or CVD order to submit such requests. The
anniversary month for the AD and CVD Orders 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 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
[[Page 77290]]
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 Commerce Should Apply Countervailing Duties
on SeAH VINA
Comment 7: Whether the Production of Pipe From Imported HRS
Constitutes ``Assembly or Completion'' Within the Meaning of the
Statute
Comment 8: Whether the Process of Completion of Pipe in Vietnam
Is Minor or Insignificant
Comment 9: Whether Commerce Properly Considered the Lack of
Affiliations
Comment 10: 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
circular welded carbon quality steel pipe (CWP) 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 CWP, 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 CWP 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 CWP 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 CWP);
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 CWP covered by this certification was produced using
inputs other than HRS.
Producer:
Producer's Address:
G. The CWP covered by this certification does not contain HRS
produced in China;
H. I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of this certification and sufficient documentation
supporting this certification (i.e., documents maintained in the
normal course of business, or documents obtained by the certifying
party, for example, certificates of origin, product data sheets,
mill test reports, productions records, invoices, etc.) until the
later of: (1) the date that is five years after the date of the
latest entry covered by the certification; or (2) the date that is
three years after the conclusion of any litigation in the United
States courts regarding such entries;
I. I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of the exporter's certification (attesting to the
production and/or exportation of the imported merchandise identified
above), and any supporting documentation provided to the importer by
the exporter, until the later of: (1) the date that is five years
after the date of the latest entry covered by the certification; or
(2) the date that is three years after the conclusion of any
litigation in United States courts regarding such entries;
J. I understand that {IMPORTING COMPANY{time} is required to
provide U.S. Customs and Border Protection (CBP) and/or the U.S.
Department of Commerce (Commerce) with the importer certification,
and any supporting documentation, and a copy of the exporter's
certification, and any supporting documentation provided to the
importer by the exporter, upon request of either agency;
K. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
L. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are within the scope of the antidumping duty (AD) and countervailing
duty (CVD) orders on CWP 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); 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 circular welded carbon quality
steel pipe (CWP) 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 CWP 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 CWP covered by this certification does not contain HRS
produced in China;
E. This certification applies to the following sales to {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
[[Page 77291]]
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 CWP.
Location (Country) of Producer of HRS: State ``N/A'' if the
producer did not use HRS in the production of CWP.
F. The CWP covered by this certification was shipped to {NAME OF
U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} , located at {U.S.
ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES{time} is required to maintain a copy of this
certification and sufficient documentation supporting this
certification (i.e., documents maintained in the normal course of
business, or documents obtained by the certifying party, for
example, product data sheets, mill test reports, productions
records, invoices, etc.) until the later of: (1) the date that is
five years after the latest date of the entries covered by the
certification; or (2) the date that is three years after the
conclusion of any litigation in the United States courts regarding
such entries;
H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES{time} is required to provide the U.S. importer
with a copy of this certification and is required to provide U.S.
Customs and Border Protection (CBP) and/or the U.S. Department of
Commerce (Commerce) with this certification, and any supporting
documents, upon request of either agency;
I. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
J. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all sales to which this certification applies are
within the scope of the antidumping duty and countervailing duty
orders on CWP 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. 2023-24806 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.