Notice2024-01792
Antidumping and Countervailing Duty Orders on Certain Collated Steel Staples From the People's Republic of China: Final Affirmative Determinations of Circumvention With Respect to the Kingdom of Thailand and the Socialist Republic of Vietnam
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
January 30, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of certain collated steel staples (collated staples) that were exported from the Kingdom of Thailand (Thailand) or the Socialist Republic of Vietnam (Vietnam), using inputs (i.e., steel wire and wire bands) manufactured in the People's Republic of China (China), as specified below, are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on collated staples from China.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 20 (Tuesday, January 30, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 20 (Tuesday, January 30, 2024)]
[Notices]
[Pages 5855-5861]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01792]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-112, C-570-113]
Antidumping and Countervailing Duty Orders on Certain Collated
Steel Staples From the People's Republic of China: Final Affirmative
Determinations of Circumvention With Respect to the Kingdom of Thailand
and the Socialist Republic of Vietnam
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of certain collated steel staples (collated staples) that were
exported from the Kingdom of Thailand (Thailand) or the Socialist
Republic of Vietnam (Vietnam), using inputs (i.e., steel wire and wire
bands) manufactured in the People's Republic of China (China), as
specified below, are circumventing the antidumping duty (AD) and
countervailing duty (CVD) orders on collated staples from China.
DATES: Applicable February 29, 2024.
FOR FURTHER INFORMATION CONTACT: Brian Smith (Thailand) or Shane Subler
(Vietnam), AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1766
and (202) 482-6241, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 20, 2020, Commerce published in the Federal Register the
[[Page 5856]]
AD and CVD orders on collated staples from China.\1\ On December 14,
2022, Commerce initiated country-wide circumvention inquiries pursuant
to section 781(b) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.226(d)(1)(ii) to determine whether imports of collated
staples using Chinese-origin steel wire and wire bands that are
completed or assembled (e.g., processing galvanized steel wire or wire
bands through staple-forming machines) in Thailand and Vietnam are
circumventing the Orders.\2\ On August 24, 2023, Commerce published in
the Federal Register its Preliminary Determinations that imports of
collated staples completed in Thailand using steel wire and wire bands
produced in China and imports of collated staples completed in Vietnam
using wire bands produced in China are circumventing the Orders.\3\
---------------------------------------------------------------------------
\1\ See Certain Collated Steel Staples from the People's
Republic of China: Antidumping Duty Order, 85 FR 43815 (July 20,
2020) (AD Order); and Certain Collated Steel Staples from the
People's Republic of China: Countervailing Duty Order, 85 FR 43813
(July 20, 2020) (CVD Order) (collectively, Orders).
\2\ See Certain Collated Steel Staples from the People's
Republic of China: Initiation of Circumvention Inquiries on the
Antidumping Duty and Countervailing Duty Orders, 87 FR 78047
(December 21, 2022), and accompanying Memorandum, ``Certain Collated
Steel Staples from the People's Republic of China: Initiation of
Circumvention Inquiries on the Antidumping and Countervailing Duty
Orders,'' dated December 14, 2022.
\3\ See Antidumping and Countervailing Duty Orders on Certain
Collated Steel Staples from the People's Republic of China:
Preliminary Affirmative Determinations of Circumvention With Respect
to the Kingdom of Thailand and the Socialist Republic of Vietnam, 88
FR 57931 (August 24, 2023) (Preliminary Determinations), and
accompanying Thailand Preliminary Decision Memorandum (Thailand PDM)
and Vietnam Preliminary Decision Memorandum (Vietnam PDM)
(collectively, Preliminary Decision Memoranda).
---------------------------------------------------------------------------
On September 25, 2023, Commerce extended the deadline for the final
determinations of these circumvention inquiries to December 21,
2023.\4\ On December 15, 2023, Commerce further extended the deadline
for the final determinations in these circumvention inquiries to
January 23, 2024.\5\ For a summary of events that occurred since the
Preliminary Determinations, as well as a full discussion of the issues
raised by parties for consideration in the final determinations, see
the Issues and Decision Memoranda.\6\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Extension of Deadline for Issuing Final
Determination in Circumvention Inquiry,'' dated September 25, 2023.
\5\ See Memorandum, ``Extension of Deadline for Issuing Final
Determinations in Circumvention Inquiries,'' dated December 15,
2023.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Circumvention Determination of the Antidumping
Duty and Countervailing Duty Orders on Certain Collated Steel
Staples from the People's Republic of China with Respect to the
Kingdom of Thailand'' (Thailand IDM); and Memorandum, ``Issues and
Decision Memorandum for the Final Affirmative Circumvention
Determination of the Antidumping Duty and Countervailing Duty Orders
on Certain Collated Steel Staples from the People's Republic of
China with Respect to the Socialist Republic of Vietnam'' (Vietnam
IDM); each dated concurrently with, and hereby adopted by, this
notice (collectively, Issues and Decision Memoranda).
---------------------------------------------------------------------------
The Issues and Decision Memoranda are public documents and are on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memoranda 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 collated steel
staples. For a full description of the scope of the Orders, see the
Issues and Decision Memoranda.
Merchandise Subject to the Circumvention Inquiry
These circumvention inquiries cover collated staples, assembled or
completed in Thailand using Chinese-origin steel wire and/or wire
bands, and in Vietnam using Chinese-origin steel wire and/or wire
bands, that are subsequently exported from Thailand and Vietnam to the
United States (inquiry merchandise).
Methodology
Commerce is conducting these circumvention inquiries in accordance
with section 781(b) of the Act, and 19 CFR 351.226. See Preliminary
Determinations Preliminary Decision Memoranda 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 determinations.
---------------------------------------------------------------------------
\7\ See Preliminary Determinations Thailand PDM at 6-23 and
Vietnam PDM at 8-23.
---------------------------------------------------------------------------
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 Memoranda. 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 the following two changes with respect to the inquiry
involving Thailand:
(1) We clarified the certification language (see appendix III),
which we have modified to include mill certificates in the list of
documents that parties have available and may provide, if requested by
U.S. Customs and Border Protection (CBP) and/or Commerce, in support of
their certification that the imports of collated staples produced in
Thailand that are covered by their certification were not manufactured
using steel wire and/or wire bands produced in China; and
(2) We revised the processing cost calculations for the two Thai
mandatory respondents by including an amount for general and
administrative expenses, interest expenses, and unrefunded taxes
incurred for input purchases.
Further, based on our analysis of the comments received from
interested parties, we made the following two changes with respect to
the inquiry involving Vietnam:
(1) We found that imports of collated staples completed in Vietnam
using steel wire or wire bands manufactured in China, as opposed to
only wire bands manufactured in China, have circumvented the Orders on
a country-wide basis; and
(2) We clarified the certification language (see Appendix IV),
which we have modified to include mill certificates in the list of
documents that parties have available and may provide, if requested by
CBP and/or Commerce, in support their certification that the imports of
collated staples produced in Vietnam that are covered by their
certification were not manufactured using steel wire and/or wire bands
produced in China.
Final Circumvention Determinations
We determine that collated staples, assembled or completed in
Thailand and Vietnam by the entities identified in Appendix II to this
notice, using Chinese-origin steel wire and/or wire bands that are
subsequently exported from Thailand or Vietnam, are circumventing the
Orders. For a detailed explanation of our determinations with respect
to the entities identified in Appendix II, see the Preliminary Decision
Memoranda, the Issues and Decision Memoranda, and the ``Use of Adverse
Facts Available'' section of this notice below.
We also determine that U.S. imports of inquiry merchandise exported
from Thailand and Vietnam are circumventing the Orders on a country-
wide basis. As a result, in accordance with section 781(b) of the Act,
we determine that this merchandise is covered by the Orders. See the
``Suspension of Liquidation and Cash
[[Page 5857]]
Deposit Requirements'' section, below, for details regarding suspension
of liquidation and cash deposit requirements. See the
``Certifications'' and ``Certification Requirements'' sections, below,
for details regarding the use of certifications.
Use of Adverse Facts Available (AFA)
Within the context of the Vietnam inquiry, Commerce continues to
find that necessary information is not available on the record with
respect to Meihotech Vietnam Inc. (Meihotech) and Weifang Wenhe
Pneumatic Tools Co., Ltd. (Weifang Wenhe) within the meaning of section
776(a)(1) of the Act, and that Meihotech and Weifang Wenhe withheld
requested information, failed to provide requested information by the
deadline or in the form or manner requested, and significantly impeded
the inquiry pursuant to sections 776(a)(1), (A), (B), and (C) of the
Act. Moreover, Commerce continues to find that these companies failed
to cooperate by not acting to the best of their ability to provide
requested information pursuant to section 776(b)(1) of the Act.
Consequently, we have continued to use adverse inferences with respect
to Meihotech and Weifang Wenhe in selecting from among the facts
otherwise available on the record, pursuant to sections 776(a) and (b)
of the Act, for the reasons discussed in the Preliminary Determinations
and the Vietnam IDM.\8\ Based on the AFA used, we determine that
Meihotech and Weifang Wenhe exported inquiry merchandise and that U.S.
entries of that merchandise are circumventing the Orders. Additionally,
we are precluding Meihotech and Weifang Wenhe from participating in the
certification program that we are establishing for exports of collated
staples from Vietnam. U.S. entries of inquiry merchandise made on or
after December 21, 2022, that are ineligible for certification based on
the failure of these companies to cooperate, or for other reasons,
shall remain subject to suspension of liquidation until final
assessment instructions on those entries are issued, whether by
automatic liquidation instructions, or by instructions pursuant to the
final results of an administrative review. Interested parties that wish
to have their suspended entries, if any, reviewed, and their
ineligibility for the certification program reevaluated, should request
an administrative review of the relevant suspended entries during the
next anniversary month of these Orders (i.e., July 2024).\9\
---------------------------------------------------------------------------
\8\ See Preliminary Determinations, 88 FR 57931-57932; see also
Vietnam IDM at Comment 13.
\9\ See 19 CFR 351.213(b).
---------------------------------------------------------------------------
Suspension of Liquidation and Cash Deposit Requirements
Based on the affirmative country-wide determinations of
circumvention for Thailand and Vietnam, in accordance with 19 CFR
351.226(l)(3), we will direct CBP to suspend liquidation and require a
cash deposit of estimated duties on unliquidated entries of collated
staples completed or assembled in Thailand or Vietnam using Chinese-
origin steel wire and/or wire bands that were entered, or withdrawn
from warehouse, for consumption on or after December 21, 2022, the date
of publication of the initiation of this circumvention inquiry in the
Federal Register.
For exporters of collated staples that have a company-specific cash
deposit rate under the AD Order and/or CVD Order, the cash deposit rate
will be the company-specific AD and/or CVD cash deposit rate
established for that company in the most recently completed segment of
the collated staples proceedings. For exporters of collated staples
that do not have a company-specific cash deposit rate under the AD
Order and/or CVD Order, the cash deposit rate will be the company-
specific cash deposit rate established under the AD Order and/or CVD
Order for the company that exported the Chinese-origin steel wire and/
or wire bands that were incorporated into the imported collated staples
to the producer/exporters in Thailand or Vietnam.
If neither the exporter of the collated staples from Thailand or
Vietnam, nor the Chinese exporter of the steel wire and/or wire bands
has a company-specific cash deposit rate, the AD cash deposit rate will
be the China-wide rate (i.e., 112.01 percent), and the CVD cash deposit
rate will be the China all-others rate (i.e., 12.32 percent).
Commerce has established the following third-country case numbers
in the Automated Commercial Environment (ACE) for such entries:
Thailand A-549-112/C-549-113; Vietnam A-552-112/C-552-113. The
suspension of liquidation will remain in effect until further notice.
See Appendices III and IV for the revised importer and exporter
certifications, which we have modified based on the changes explained
in the ``Analysis of Comments Received'' section above.
Certified Entries
Entries for which the importer and exporter have met the
certification requirements described below and in Appendices III and IV
to this notice will not be subject to suspension of liquidation, or the
cash deposit requirements described above. Failure to comply with the
applicable requisite certification requirements may result in the
merchandise being subject to antidumping and countervailing duties.
Certifications
To administer the country-wide affirmative determinations of
circumvention for Thailand and Vietnam, Commerce established importer
and exporter certifications which will permit importers and exporters
to establish that specific entries of collated staples from Thailand or
Vietnam are not subject to suspension of liquidation or the collection
of cash deposits pursuant to these affirmative determinations of
circumvention because the merchandise meets the requirements described
in the certification (see appendix III (for Thailand) and appendix IV
(for Vietnam) to this notice). Because Meihotech and Weifang Wenhe were
non-cooperative, they are not eligible to use the certifications
described above.\10\
---------------------------------------------------------------------------
\10\ See Preliminary Determinations Vietnam 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).
---------------------------------------------------------------------------
Importers and exporters that claim that the entry of collated
staples is not subject to suspension of liquidation or the collection
of cash deposits based on the inputs used to manufacture such
merchandise must complete the applicable certification and meet the
certification and documentation requirements described below, as well
as the requirements identified in the applicable certification.
Certification Requirements for Thailand and Vietnam
Importers are required to complete and maintain the applicable
importer certification, 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
[[Page 5858]]
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, mill certificates, 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 collated staples that were manufactured in Thailand or
Vietnam to the United States.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce and/or
CBP. Importers and exporters are required to maintain the
certifications and supporting documentation until the later of: (1) the
date that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years after
the conclusion of any litigation in United States courts regarding such
entries.
For all collated staples from Thailand or Vietnam that were
entered, or withdrawn from warehouse, for consumption during the period
December 21, 2022 (the date of publication of the initiation of these
circumvention inquiries), through the date of publication of the
Preliminary Determinations in the Federal Register, where the entry has
not been liquidated (and entries for which liquidation has not become
final), the relevant certification should already be completed and
signed.
For unliquidated entries (and entries for which liquidation has not
become final) of collated staples that were declared as non-AD/CVD type
entries (e.g., type 01) and entered, or withdrawn from warehouse, for
consumption in the United States during the period December 21, 2022
(the date of publication of the initiation of these circumvention
inquiries), through the date of publication of the Preliminary
Determinations in the Federal Register, for which none of the above
certifications may be made, importers must file a Post Summary
Correction with CBP, in accordance with CBP's regulations, regarding
conversion of such entries from non-AD/CVD type entries to AD/CVD type
entries (e.g., type 01 to type 03). Importers should report those AD/
CVD type entries using the 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 antidumping and
countervailing duties.
If it is determined that an importer or exporter has not met the
certification and/or related documentation requirements for certain
entries, Commerce intends to instruct CBP to suspend, pursuant to these
country-wide affirmative determinations of circumvention and the
Orders,\11\ 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.
---------------------------------------------------------------------------
\11\ See Orders.
---------------------------------------------------------------------------
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 during the anniversary month of the publication of
the Orders to submit such requests. The anniversary month for these
Orders is July.
Administrative Protective Order
This notice will serve as the only reminder to all parties subject
to an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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
These determinations are issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.226(g)(2).
Dated: January 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendices
------------------------------------------------------------------------
Appendix No. Appendix name
------------------------------------------------------------------------
I.............................. List of Topics Discussed in the Issues
and Decision Memoranda.
II............................. Companies Found to Be Circumventing the
Orders.
III............................ Certification Regarding Chinese Inputs--
Thailand.
IV............................. Certification Regarding Chinese Inputs--
Vietnam.
------------------------------------------------------------------------
Appendix I
List of Topics Discussed in the Issues and Decision Memoranda
Thailand
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: Retroactive Suspension of Liquidation and Cash
Deposit Requirement
Comment 2: Mill Certificate Requirement and Certification
Process
Comment 3: The Relevance of Galvanized Wire Rod and Galvanized
Steel Wire Production to the Circumvention Analysis
Comment 4: Whether YF Thailand's Production Process in Thailand
Is Minor or Insignificant
Comment 5: Whether UM Industry's Production Process in Thailand
Is Minor or Insignificant
Comment 6: Whether Circumvention Action Is Inappropriate Under
the Act
Comment 7: Continuation of Certification Process
Comment 8: Chia Pao's Voluntary Response
Comment 9: Whether Commerce Should Apply Affirmative
Circumvention Findings on a Country-Wide Basis
VIII. Recommendation
Vietnam
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
[[Page 5859]]
Determination
VII. Discussion of the Issues
Comment 1: Retroactive Suspension of Liquidation and Cash
Deposit Requirement
Comment 2: Mill Certificate Requirement and Certification
Process
Comment 3: Limiting the Affirmative Determination to Collated
Staples Produced From Chinese-Origin Wire Bands
Comment 4: Whether Action Is Appropriate or Necessary To Prevent
Evasion of the Collated Staples Orders
Comment 5: Whether the Levels of Investment by Vina Hardwares
Joint Stock Company (Vina Hardwares) and Vina Staples Co., Ltd.
(Vina Staples) in Vietnam Are Minor or Insignificant
Comment 6: Whether Patterns of Trade and Post-Order Imports
Support a Negative Final Circumvention Determination
Comment 7: Whether Vina Hardwares' Lack of Affiliation With
Tianjin Jin Xin Sheng Long Metal Products Co., Ltd. (JXSL) or Any
Other Chinese Wire Band Producer Supports a Negative Final
Circumvention Determination
Comment 8: Whether Punching and Cutting Wire Bands Is a
Significant Step in the Production of Collated Staples
Comment 9: Whether the Extent of Vina Staples' Production
Facilities in Vietnam Is Minor or Insignificant
Comment 10: Whether Commerce Made Certain Errors in the
Calculation of Vina Staples' Value of Processing Performed in
Vietnam
Comment 11: Whether Commerce Should Exclude Collated Staples
Produced from Vietnamese-Origin Galvanized Wire
Comment 12: Whether Commerce Abused Its Discretion by Rejecting
the Quantity and Value (Q&V) Questionnaire Response from Meihotech
Vietnam Inc. (Meihotech)
Comment 13: Whether Commerce Should Have Applied Adverse Facts
Available (AFA) to Meihotech
Comment 14: Whether Commerce Should Clarify that the
Circumvention Determination and Suspension of Liquidation Do Not
Cover Merchandise Expressly Excluded from the Scope of the Orders
Comment 15: Whether Commerce Should Continue To Allow Exporters
and Importers to Certify That Their Shipments and Entries From
Vietnam Do Not Consist of Inquiry Merchandise
VIII. Recommendation
Appendix II
Companies Found To Be Circumventing the Orders
Thailand
1. YF Technology Corporation, Ltd.
2. UM Industry, Co., Ltd.
Vietnam
1. Vina Hardwares Joint Stock Company
2. VN Fasteners Co., Ltd.
3. Vina Staples Company Limited
4. Meihotech Vietnam Inc. (based on AFA)
5. Weifang Wenhe Pneumatic Tools Co., Ltd. (based on AFA)
Appendix III
Certification Regarding Chinese Inputs (for Thailand) Importer
Certification
I hereby certify that:
A. My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I am
an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of the
certain collated steel staples (collated staples) from the People's
Republic of China (China) completed in Thailand that entered under
the entry summary number(s), identified below, and are covered by
this certification. ``Direct personal knowledge'' refers to the
facts the certifying party is expected to have in its own records.
For example, the importer should have direct personal knowledge of
the exporter's and/or seller's identity and location.
C. If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The collated staples covered by this certification were imported
by {NAME OF IMPORTING COMPANY{time} on behalf of {NAME OF U.S.
CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
D. The collated staples covered by this certification were
shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE
MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS TO
WHICH MERCHANDISE WAS SHIPPED{time} .
E. I have personal knowledge of the facts regarding the
production of the imported products covered by this certification.
``Personal knowledge'' includes facts obtained from another party,
(e.g., correspondence received by the importer (or exporter) from
the producer regarding the source of the inputs used to produce the
imported products).
F. The importer certifies that the collated staples produced in
Thailand that are covered by this certification were not
manufactured using steel wire and/or wire bands produced in China,
regardless of whether sourced directly from a Chinese producer or
from a downstream supplier.
G. The collated staples covered by this certification are not
covered by the antidumping duty or countervailing duty orders on
collated staples from China.
H. This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer:
Producer's Address:
I. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, product specification sheets,
production records, invoices, mill certificates, etc.) until the
later of: (1) the date that is five years after the latest entry
date of the entries covered by the certification; or (2) the date
that is three years after the conclusion of any litigation in United
States courts regarding such entries.
J. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of the exporter's certification
(attesting to information regarding the production and/or
exportation of the imported merchandise identified above), and any
supporting documentation provided to the importer by the exporter,
until the later of: (1) the date that is five years after the latest
entry date of the entries covered by the certification; or (2) the
date that is three years after the conclusion of any litigation in
United States courts regarding such entries.
K. I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide U.S. Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce (Commerce) with the importer
certification, and any supporting documentation, and a copy of the
exporter's certification, and any supporting documentation provided
to the importer by the exporter, upon the request of either agency.
L. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
M. I understand that failure to maintain the required
certifications and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are entries of merchandise that is covered by the scope of the
antidumping and countervailing duty orders on certain collated steel
staples from China. I understand that such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping duty
and countervailing duty cash deposits determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
N. I understand that agents of the importer, such as brokers,
are not permitted to make this certification.
O. This certification was completed and signed on, or prior to,
the date of the entry summary if the entry date is more than 14 days
after the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of
[[Page 5860]]
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed by no later than 45 days after publication of
the notice of Commerce's preliminary determination of circumvention
in the Federal Register.
P. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.
Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
Exporter Certification
The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
A. My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF EXPORTING COMPANY{time} , located at {ADDRESS
OF EXPORTING COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
production and exportation of the collated staples for which sales
are identified below. ``Direct personal knowledge'' refers to facts
the certifying party is expected to have in its own records. For
example, an exporter should have direct personal knowledge of the
producer's identity and location.
C. The collated staples covered by this certification were
shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE
WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS TO WHICH
MERCHANDISE WAS SHIPPED{time} .
D. The seller certifies that the collated staples produced in
Thailand that are covered by this certification were not
manufactured using steel wire and/or wire bands produced in China,
regardless of whether sourced directly from a Chinese producer or
from a downstream supplier.
E. The collated staples covered by this certification are not
covered by the antidumping duty or countervailing duty orders on
collated staples from China.
F. This certification applies to the following sales to {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line Item #:
Producer Name:
Producer's Address:
Producer's Invoice # to the Foreign Seller: (if the foreign seller
and the producer are the same party, report ``NA'' here)
G. I understand that {EXPORTING COMPANY{time} is required to
maintain a copy of this certification and sufficient documentation
supporting this certification (i.e., documents maintained in the
normal course of business, or documents obtained by the certifying
party, for example, product specification sheets, customer
specification sheets, production records, invoices, mill
certificates, etc.) until the later of: (1) the date that is five
years after the latest entry date of the entries covered by the
certification; or (2) the date that is three years after the
conclusion of any litigation in United States courts regarding such
entries.
H. I understand that {EXPORTING COMPANY{time} is required to
provide the U.S. importer with a copy of this certification and is
required to provide U.S. Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce (Commerce) with this certification,
and any supporting documents, upon the request of either agency.
I. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
J. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all sales to which this certification applies are
sales of merchandise that is covered by the scope of the antidumping
and countervailing duty orders on collated staples from China. I
understand that such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping and
countervailing duty cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate
in the certification process.
K. I understand that agents of the seller/exporter, such as
freight forwarding companies or brokers, are not permitted to make
this certification.
L. This certification was completed and signed, and a copy of
the certification was provided to the importer, on, or prior to, the
date of shipment if the shipment date is after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register. If the shipment date is on or
before the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register,
this certification was completed and signed, and a copy of the
certification was provided to the importer, by no later than 45 days
after publication of the notice of Commerce's preliminary
determination of circumvention in the Federal Register.
M. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.
Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
APPENDIX IV
Certification Regarding Chinese Inputs (for Vietnam) Importer
Certification
I hereby certify that:
A. My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I am
an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of the
certain collated steel staples (collated staples) from the People's
Republic of China (China) completed in Vietnam that entered under
the entry summary number(s), identified below, and are covered by
this certification. ``Direct personal knowledge'' refers to the
facts the certifying party is expected to have in its own records.
For example, the importer should have direct personal knowledge of
the exporter's and/or seller's identity and location.
C. If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The collated staples covered by this certification were imported
by {NAME OF IMPORTING COMPANY{time} on behalf of {NAME OF U.S.
CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
D. The collated staples covered by this certification were
shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE
MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS TO
WHICH MERCHANDISE WAS SHIPPED{time} .
E. I have personal knowledge of the facts regarding the
production of the imported products covered by this certification.
``Personal knowledge'' includes facts obtained from another party,
(e.g., correspondence received by the importer (or exporter) from
the producer regarding the source of the inputs used to produce the
imported products).
F. The importer certifies that the collated staples produced in
Vietnam that are covered by this certification were not manufactured
using steel wire and/or wire bands produced in China, regardless of
whether sourced directly from a Chinese producer or from a
downstream supplier.
G. The collated staples covered by this certification are not
covered by the antidumping duty or countervailing duty orders on
collated staples from China.
H. This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer:
Producer's Address:
I. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, product specification sheets,
production
[[Page 5861]]
records, invoices, mill certificates, etc.) until the later of: (1)
the date that is five years after the latest entry date of the
entries covered by the certification; or (2) the date that is three
years after the conclusion of any litigation in United States courts
regarding such entries.
J. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of the exporter's certification
(attesting to information regarding the production and/or
exportation of the imported merchandise identified above), and any
supporting documentation provided to the importer by the exporter,
until the later of: (1) the date that is five years after the latest
entry date of the entries covered by the certification; or (2) the
date that is three years after the conclusion of any litigation in
United States courts regarding such entries.
K. I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide U.S. Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce (Commerce) with the importer
certification, and any supporting documentation, and a copy of the
exporter's certification, and any supporting documentation provided
to the importer by the exporter, upon the request of either agency.
L. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
M. I understand that failure to maintain the required
certifications and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are entries of merchandise that is covered by the scope of the
antidumping and countervailing duty orders on collated staples from
China. I understand that such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping duty
and countervailing duty cash deposits determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
N. I understand that agents of the importer, such as brokers,
are not permitted to make this certification.
O. This certification was completed and signed on, or prior to,
the date of the entry summary if the entry date is more than 14 days
after the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed by no later than 45 days after publication of
the notice of Commerce's preliminary determination of circumvention
in the Federal Register.
P. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.
Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
Exporter Certification
The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
A. My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF EXPORTING COMPANY{time} , located at {ADDRESS
OF EXPORTING COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
production and exportation of the collated staples for which sales
are identified below. ``Direct personal knowledge'' refers to facts
the certifying party is expected to have in its own records. For
example, an exporter should have direct personal knowledge of the
producer's identity and location.
C. The collated staples covered by this certification were
shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE
WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS TO WHICH
MERCHANDISE WAS SHIPPED{time} .
D. The seller certifies that the collated staples produced in
Vietnam that are covered by this certification were not manufactured
using steel wire and/or wire bands produced in China, regardless of
whether sourced directly from a Chinese producer or from a
downstream supplier.
E. The collated staples covered by this certification are not
covered by the antidumping duty or countervailing duty orders on
collated staples from China.
F. This certification applies to the following sales to {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line Item #:
Producer Name:
Producer's Address:
Producer's Invoice # to the Foreign Seller: (if the foreign seller
and the producer are the same party, report ``NA'' here)
G. I understand that {EXPORTING COMPANY{time} is required to
maintain a copy of this certification and sufficient documentation
supporting this certification (i.e., documents maintained in the
normal course of business, or documents obtained by the certifying
party, for example, product specification sheets, customer
specification sheets, production records, invoices, mill
certificates, etc.) until the later of: (1) the date that is five
years after the latest entry date of the entries covered by the
certification; or (2) the date that is three years after the
conclusion of any litigation in United States courts regarding such
entries.
H. I understand that {EXPORTING COMPANY{time} is required to
provide the U.S. importer with a copy of this certification and is
required to provide U.S. Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce (Commerce) with this certification,
and any supporting documents, upon the request of either agency.
I. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
J. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all sales to which this certification applies are
sales of merchandise that is covered by the scope of the antidumping
and countervailing duty orders on collated staples from China. I
understand that such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping and
countervailing duty cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate
in the certification process.
K. I understand that agents of the seller/exporter, such as
freight forwarding companies or brokers, are not permitted to make
this certification.
L. This certification was completed and signed, and a copy of
the certification was provided to the importer, on, or prior to, the
date of shipment if the shipment date is after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register. If the shipment date is on or
before the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register,
this certification was completed and signed, and a copy of the
certification was provided to the importer, by no later than 45 days
after publication of the notice of Commerce's preliminary
determination of circumvention in the Federal Register.
M. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.
Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
[FR Doc. 2024-01792 Filed 1-29-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on January 30, 2024.
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.