Notice2024-15681
Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Final Scope Determination, Certification Requirements, and Recission of Circumvention Inquiries on the Antidumping 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
July 17, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain imports of wooden cabinets and vanities and components thereof (wooden cabinets), completed in Malaysia or the Socialist Republic of Vietnam (Vietnam) using wooden cabinet components or constituent wooden parts manufactured in the People's Republic of China (China), are covered by the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on wooden cabinets from China. Further, Commerce is rescinding the circumvention inquiries that were initiated to determine whether imports of wooden cabinets from Malaysia or Vietnam are circumventing the AD and CVD orders on wooden cabinets from China.
Full Text
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<title>Federal Register, Volume 89 Issue 137 (Wednesday, July 17, 2024)</title>
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[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Notices]
[Pages 58110-58114]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15681]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-106, C-570-107]
Wooden Cabinets and Vanities and Components Thereof From the
People's Republic of China: Final Scope Determination, Certification
Requirements, and Recission of Circumvention Inquiries on the
Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain imports of wooden cabinets and vanities and components thereof
(wooden cabinets), completed in Malaysia or the Socialist Republic of
Vietnam (Vietnam) using wooden cabinet components or constituent wooden
parts manufactured in the People's Republic of China (China), are
covered by the scope of the antidumping duty (AD) and countervailing
duty (CVD) orders on wooden cabinets from China. Further, Commerce is
rescinding the circumvention inquiries that were initiated to determine
whether imports of wooden cabinets from Malaysia or Vietnam are
circumventing the AD and CVD orders on wooden cabinets from China.
DATES: Applicable July 17, 2024.
FOR FURTHER INFORMATION CONTACT: Michael Romani, 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) 482-0198.
SUPPLEMENTARY INFORMATION:
Background
On April 21, 2020, Commerce published the AD and CVD orders on
imports of wooden cabinets from China.\1\ On May 24, 2022, Commerce
issued scope initiation memoranda explaining that we intended to
determine whether imports of wooden cabinets completed in Malaysia and
Vietnam using wooden component parts manufactured in China are covered
by the AD and CVD orders on wooden cabinets from China.\2\ Further, on
June 10, 2022, Commerce published in the Federal Register the notice of
initiation of circumvention inquiries of the AD and CVD orders on
wooden cabinets from China which were assembled in Malaysia or Vietnam
using wooden cabinet component parts sourced from China.\3\ The
American Kitchen Cabinet Alliance (the petitioner) withdrew its support
for continuing the circumvention inquiry.\4\
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\1\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Antidumping Duty Order, 85 FR 22126
(April 21, 2020) (Wooden Cabinets from China AD Order); and Wooden
Cabinets and Vanities and Components Thereof from the People's
Republic of China: Countervailing Duty Order, 85 FR 22134 (April 21,
2020) (Wooden Cabinets from China CVD Order) (collectively, Orders).
\2\ See Memoranda, ``Initiation of Scope Inquiry,'' dated May
24, 2022 (Scope Initiation).
\3\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Initiation of Circumvention
Inquiries on the Antidumping and Countervailing Duty Orders, 87 FR
354999 (June 10, 2022) (Circumvention Initiation Notice), and
accompanying Circumvention Initiation Memorandum.
\4\ See Memoranda, ``Wooden Cabinets and Vanities and Components
Thereof from the People's Republic of China--Final Scope Ruling on
Certain Wooden Cabinets that Are Further Processed in Malaysia,''
dated concurrently with this notice (Malaysia Final Scope
Memorandum), at Comment 12; and ``Wooden Cabinets and Vanities and
Components Thereof from the People's Republic of China--Final Scope
Ruling on Certain Wooden Cabinets that Are Further Processed in the
Socialist Republic of Vietnam,'' dated concurrently with this notice
(Vietnam Final Scope Memorandum), at Comment 12 (collectively, Final
Scope Rulings).
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For a complete description of the events that followed the
initiation, see the Final Scope Memoranda.\5\
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\5\ See Final Scope Rulings at section II, Background.
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Scope of the Orders
The merchandise covered by these Orders are wooden cabinets from
China. A complete description of the scope of the Orders is provided in
the Final Scope Memoranda.\6\
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\6\ See Final Scope Rulings at section III, Scope of the Orders.
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Merchandise Subject to the Scope and Circumvention Inquiries
These scope and circumvention inquiries cover wooden cabinets
exported to the United States that were completed in Malaysia or
Vietnam under the following scenarios:
Scenario 1: A Malaysian or Vietnamese company imports finished
wooden cabinet doors, drawer fronts, and frames that are produced in
China. The Malaysian or Vietnamese company produces wooden cabinet
boxes and drawer boxes in Malaysia or Vietnam and combines the wooden
cabinet subassemblies from China and Malaysia or Vietnam, resulting in
merchandise that still meets the description of the scope of the
Orders.
Scenario 2: A Malaysian or Vietnamese company imports semifinished
wooden cabinet doors, drawer fronts, and frames that are produced in
China and performs further processing of these components from China in
Malaysia or Vietnam such as trimming, cutting, notching, punching,
drilling, painting, staining, or other finishing processes. The
Malaysian or Vietnamese company produced wooden cabinet boxes and
drawer boxes in Malaysia or Vietnam and combines the wooden cabinet
doors, drawer fronts, and frames that are produced in China with the
wooden cabinet boxes and drawer boxes produced in Malaysia or Vietnam,
resulting in merchandise that still meets the description of the scope
of the Orders.
Scenario 3: A Malaysian or Vietnamese company imports semifinished
wooden component parts of wooden cabinet doors, drawer fronts, and
frames that are produced in China. The wooden component parts of the
wooden cabinet doors, drawer fronts, and frames include rails, stiles,
and panels. The Malaysian or Vietnamese company performs further
processing of these parts from China in Malaysia or Vietnam such as
trimming, cutting, notching, punching, drilling, painting, staining, or
other finishing processes, including the assembly of the wooden
component parts into completed subassembly doors, drawer fronts, and
frames. The Malaysian or Vietnamese company produces wooden cabinet
boxes and drawer boxes in Malaysia or Vietnam. Finally, the Malaysian
or Vietnamese company combines the wooden cabinet doors, drawer fronts,
and frames that are produced in China with the wooden cabinet boxes and
drawer boxes produced in Malaysia or Vietnam, resulting in merchandise
that still meets the description of the scope of the Orders.
Scenario 4: A Malaysian or Vietnamese company imports a finished
wooden cabinet wooden component part, toe kick, that is produced in
China. The Malaysian or Vietnamese company produces all other wooden
cabinet component parts necessary to assemble a complete wooden cabinet
in Malaysia or Vietnam. The Malaysian or Vietnamese company combines
the wooden component part, cabinet box toe kick, produced in China with
the other wooden cabinet component parts of the cabinet box, as well as
the frame, doors, and drawer subassemblies made
[[Page 58111]]
in Malaysia or Vietnam, resulting in merchandise that does not meet the
description of the scope of the Orders.\7\
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\7\ See Scope Initiation at 2-3; see also Petitioner's Letter
``Response to Request for Additional Information,'' dated May 17,
2022, at 5-6.
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Methodology and Final Scope Ruling
Commerce conducted this scope inquiry in accordance with 19 CFR
351.225(k)(1) and 351.225(j). Specifically, as discussed in the Final
Scope Memoranda, we find that Scenarios 1, 2, and 3 wooden cabinets
produced in China, and combined in Malaysia or Vietnam with wooden
cabinet component parts produced in Malaysia or Vietnam, and exported
to the United States, are Chinese in origin and, thus, covered by the
scope of the Orders.\8\ We find that merchandise made according to
Scenario 4 is not subject to the Orders because it is substantially
transformed in Malaysia or Vietnam.\9\ A complete list of the issues
discussed in the Final Scope Rulings is contained in Appendix I.
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\8\ See Memoranda, ``Post-Preliminary Analysis,'' dated
September 28, 2023 (Malaysia Post-Preliminary Scope Memorandum), at
15, unchanged in Malaysia Final Scope Memorandum at section IV,
``Scope Ruling''; and ``Post-Preliminary Analysis,'' dated September
28, 2023 (Vietnam Post-Preliminary Scope Memorandum), at 15,
unchanged in Vietnam Final Scope Memorandum at section IV, ``Scope
Ruling.''
\9\ See Malaysia Post-Preliminary Scope Memorandum at 15,
unchanged in Malaysia Final Scope Memorandum at section III, ``Final
Scope Determination''; see also Vietnam Post-Preliminary Scope
Memorandum at 15; unchanged in Vietnam Final Scope Memorandum at
section III, ``Final Scope Determination.''
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Continuation of Suspension of Liquidation in Accordance With Final
Scope Ruling
As stated above, Commerce found that imports of Scenario 1, 2, and
3 wooden cabinets produced in China, and combined in Malaysia or
Vietnam with wooden cabinet component parts produced in Malaysia or
Vietnam, and exported to the United States, are Chinese in origin and,
thus, covered the scope of the Orders. As a result of this
determination and consistent with 19 CFR 351.225(l)(3), we intend to
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of Scenarios 1, 2, and 3 wooden cabinets from Malaysia or Vietnam, and
to require a cash deposit of estimated duties, at the applicable rate,
that are entered, or withdrawn from warehouse, for consumption on or
after November 4, 2021, the effective date of the regulations pursuant
to 19 CFR 351.225(l)(2).\10\ These suspension of liquidation and cash
deposit requirements do not apply to imports of wooden cabinets from
Malaysia or Vietnam produced under scenarios other than Scenarios 1, 2,
and 3 (and otherwise not subject to the Orders). Therefore, cash
deposits are not required for such merchandise, subject to the
certification and documentation requirements described in the Importer
and Exporter Certifications found in appendices II and III,
respectively.
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\10\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021).
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Specifically, if an importer of wooden cabinets from Malaysia or
Vietnam claims that the wooden cabinet was not produced using Scenarios
1, 2, or 3, then the importer and exporter must meet the certification
and documentation requirements described in Appendices II and III. An
exporter of wooden cabinets in Malaysia or Vietnam claiming its wooden
cabinet were not produced using the Chinese wooden cabinet input
scenarios subject to these inquiries must prepare and maintain an
Exporter Certification and documentation supporting the Exporter
Certification (see Appendix III). In addition, importers of such wooden
cabinets must prepare and maintain an Importer Certification (see
Appendix II) and documentation supporting the Importer Certification.
Further, the importer must also maintain a copy of the Exporter
Certification and relevant supporting documentation from its exporter
of wooden cabinets in Malaysia or Vietnam that were not produced using
any of the Chinese wooden cabinet input scenarios subject to these
inquiries.
If it is determined that the certification and/or documentation
requirements in a certification have not been met (e.g., where the
importer/exporter cannot support its claim that the imported
merchandise was produced using any of the Chinese wooden cabinet input
scenarios subject to these inquiries) Commerce will instruct CBP to
suspend liquidation and require cash deposits for such entries.
For AD cash deposits, Commerce will instruct CBP to require AD cash
deposits equal to the China-wide rate (i.e., 251.64 percent), unless
the producer and/or exporter has a company-specific separate rate.\11\
In that instance, the cash deposit rate will be the rate of the Chinese
producer of the wooden cabinet that has a separate rate of its own.
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\11\ See Wooden Cabinets from China AD Order, 85 FR at 22127.
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For CVD cash deposits, Commerce will instruct CBP to require CVD
cash deposits equal to the all-others rate (i.e., 20.93 percent),
unless the producer and/or exporter has a company-specific rate.\12\ In
that instance, the cash deposit rate will be the rate of the Chinese
producer of the wooden cabinet that has its own rate. The suspension of
liquidation and cash deposit requirements will remain in effect until
further notice.
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\12\ See Wooden Cabinets from China CVD Order, 85 FR at 22135.
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Finally, for imports of Scenarios 1, 2, and 3 wooden cabinets from
Malaysia or Vietnam, Commerce has established third-country case
numbers in the Automated Commercial Environment (ACE). For Scenarios 1,
2, and 3 wooden cabinets exported from Malaysia, where the country-of-
origin changes for CBP's reporting purposes, importers should report
such entries under the following third-country case numbers: A-557-107-
000 and C-557-107-000. For Scenarios 1, 2, and 3 wooden cabinets
exported from Vietnam, where the country-of-origin changes for CBP's
reporting purposes, importers should report such entries under the
following third-country case numbers: A-552-106-000 and C-552-107-000.
The importer, producer, or exporter of Scenarios 1, 2, and 3 wooden
cabinets from Malaysia or Vietnam should file a request in Enforcement
and Compliance's electronic system, ACCESS, and on the record of the
applicable administrative review proceeding, asking Commerce to
establish a case number in ACE for China that is specific to the
Chinese supplier of wooden cabinets if that supplier has its own
company-specific rate. CBP may also submit a request through the ACE
AD/CVD Portal Inquiry System, for Commerce to establish company-
specific third-country case numbers for the Orders.
Where no certification is provided for an entry, and the Orders
potentially apply to that entry, Commerce intends to instruct CBP to
suspend the entry and collect cash deposits at the AD rate established
for the China-wide entity and the CVD all-others rate, i.e., 251.64
percent and 20.93 percent, under the third-country case number above.
These suspension of liquidation instructions will remain in effect
until further notice.
Recission of the Circumvention Inquiries
Pursuant to 19 CFR 351.226(f)(6)(ii), Commerce may rescind a
circumvention inquiry where it has been determined that the merchandise
at issue in the circumvention inquiry is covered by the scope of the AD
or CVD order. Commerce, in the Circumvention Initiation Notice, stated
that it would
[[Page 58112]]
first determine if the merchandise at issue is covered by the scope of
the Orders before considering whether this merchandise is circumventing
the Orders.\13\ Because we have now determined that the scope of the
Orders covers imports of wooden cabinets from Malaysia or Vietnam
produced under Scenarios 1, 2, and 3 (i.e., using certain wooden
cabinet components or constituent wooden parts manufactured in China),
we are rescinding the circumvention inquiries with respect to Scenarios
1, 2, and 3 merchandise.
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\13\ See Circumvention Initiation Notice, 87 FR 35499, 35499-
35500.
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Further, on April 24, 2024, the domestic industry withdrew its
request for a circumvention inquiries on wooden cabinets exported from
Malaysia or Vietnam under Scenario 4 (i.e., using a wooden component
part, toe kick, produced in China).\14\ Therefore, in accordance 19 CFR
351.226(f)(6)(i), Commerce finds that it is appropriate to also rescind
the circumvention inquiries with respect to Scenario 4. As such, we are
rescinding the circumvention inquiries in their entirety (i.e., for
Scenarios 1, 2, 3, and 4 merchandise).
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\14\ See Petitioner's Letter, ``Comments on the Proposed
Certification Regime,'' dated April 24, 2024, at 5; see also Final
Scope Ruling at Comment 12; Petitioner's Letter, ``Scope Ruling
Application and Request for Circumvention Inquiry,'' dated April 20,
2020, at 2 (requesting a country-wide circumvention of the related
application for scope inquiry, (i.e., of scenarios 1, 2, 3, and 4).
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Suspension of Liquidation Related to the Recission of the Circumvention
Inquiries
Pursuant to 19 CFR 351.226(l)(1), Commerce notified CBP of the
initiation of these circumvention inquiries and directed CBP to
continue the suspension of liquidation of entries of products subject
to the circumvention inquiry that were already subject to the
suspension of liquidation under the Orders and to apply the cash
deposit rate that would be applicable if the products were determined
to be covered by the scope of the Orders.\15\ Upon publication of this
rescission notice, Commerce will inform CBP that Commerce is rescinding
the circumvention inquiries in their entirety. However, because we have
made affirmative scope findings on Scenarios 1, 2, and 3 merchandise,
Commerce will instruct CBP to suspend merchandise produced under those
three scenarios at the applicable rate(s) in effect on the date of
entry until specific liquidation instructions are issued. Because we
have found merchandise made according to Scenario 4 is not subject to
the Orders and are rescinding the circumvention inquiries as to that
scenario, we will instruct CBP to no longer suspend entries produced
under Scenario 4 and liquidate any such entries without regard to
duties.
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\15\ See CBP Message 2164404, ``Initiation of Circumvention
Inquiry--Antidumping and Countervailing Duty Orders on Wooden
Cabinets and Vanities and Components Thereof from the People's
Republic of China (A-570-106, C-570-107),'' dated June 13, 2022.
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Certification Requirements for Malaysia and Vietnam
All Malaysian and Vietnamese companies are eligible to participate
in the scope certification process. For further information, see the
Final Scope Memoranda at Comment 10.
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. Except for 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 brokers, however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete and maintain the applicable
exporter certification and provide the importer with a copy of that
certification and all supporting documentation (e.g., invoice, purchase
order, production records, etc.) Except for 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 wooden cabinets
assembled in Malaysia 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 wooden cabinets entered, or withdrawn from warehouse, for
consumption during the period November 4, 2021 (the effective date of
the regulations pursuant to 19 CFR 351.225(l)(2)), through the date of
the publication of this Federal Register notice, where an entry has not
been liquidated (and for entries for which liquidation has not become
final), the relevant certifications should be completed and signed as
soon as practicable, but not later than 90 days after the date of
publication of this notice in the Federal Register. It is not necessary
to file certifications in the DIS for entries from this period that
have already been liquidated. For entries from this period, importers,
and exporters each have the option to complete a blanket certification
covering multiple entries, individual certifications for each entry, or
a combination thereof. The exporter must provide the importer with a
copy of the exporter certification with sufficient time for the
importer to meet the 90-day deadline. Importers must file a Post
Summary Correction with CBP, in accordance with CBP's regulations, to
upload certifications for applicable unliquidated entries.
For unliquidated entries (and entries for which liquidation has not
become final) of wooden cabinets from China 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
November 4, 2021 (the effective date of the regulations pursuant to 19
CFR 351.225(l)(2)), through the date of the publication of this Federal
Register notice, 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 case numbers A-557-106 and C-557-107 for entries from
Malaysia and A-552-106 and C-552-107 from Vietnam. The importer should
pay cash deposits on those entries consistent with the regulations
governing post summary corrections that require payment of additional
duties.
If it is determined that an importer and/or exporter has not met
the certification and/or related documentation requirements for certain
entries, Commerce intends to instruct CBP to suspend, pursuant to this
final affirmative country-wide scope determination and the Orders, all
[[Page 58113]]
unliquidated entries for which these requirements were not met and to
require the importer to post applicable cash deposits equal to the
rates noted above.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/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
We are issuing and publishing this notice in accordance with
sections 781(b) and 777(i) of the Act, 19 CFR 351.225(h), 19 CFR
351.226(f)(6), and 19 CFR 351.228.
Dated: July 10, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Final Scope Ruling Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Scope Ruling
V. Discussion of the Issues--Scope Determination and Substantial
Transformation
Comment 1: Whether the Scope Inquiries Were Properly Initiated
Comment 2: Whether Parts Not Specified in the Scope Are Subject
to the Orders
Comment 3: Whether Use of the Petitioner's New Factual
Information (NFI) Is Appropriate
Comment 4: Whether Commerce Weighted Outcomes of the Substantial
Transformation Analysis
Comment 5: Whether Certain Wooden Cabinets Are Subject to the
Orders
Comment 6: Whether Wooden Cabinets Wholly Produced in Third
Countries Are Subject to the Orders
VI. Discussion of the Issues--Certification
Comment 7: Whether Commerce Has the Authority to Implement
Certification in a Scope Inquiry
Comment 8: Whether Commerce's Proposed Certification Regime Is
Reasonable
Comment 9: Whether 45 Days Is Sufficient Time to File All
Certifications
Comment 10: Whether All Parties Are Eligible to Certify
Comment 11: Whether Other Revisions to the Certification
Language Are Appropriate
Comment 12: Whether to Rescind the Circumvention Inquiry
VII. Appendix A--Moot Comments
Comment 13: Whether Incorporations by Reference Are Necessary or
Valid
Comment 14: Whether the Product Scenarios Are Ill-Defined
VIII. Recommendation
Appendix II
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
wooden cabinets and vanities and components thereof (wooden
cabinets) completed in Malaysia or the Socialist Republic of Vietnam
(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 wooden cabinets, 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 wooden cabinets 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 wooden cabinets 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. This certification applies to the following entries (repeat
this block as many times as necessary for each entry, to identify
all the producers of wooden cabinet components and wooden component
parts used to produce each wooden cabinet):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer's Name:
Producer's Address:
Country of Origin of Wooden Cabinet Components or Wooden Cabinet
Component Parts:
G. The wooden cabinets covered by this certification do not
contain wooden cabinet components started in the People's Republic
of China (China), completed in Malaysia or Vietnam, produced
according to production Scenario 1, 2, or 3, and exported to the
United States.\16\
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\16\ Scenario 1: finished wooden doors, drawer fronts, and
frames produced in China are combined in Malaysia or Vietnam with
wooden cabinet and vanity boxes and drawers produced in Malaysia or
Vietnam;
Scenario 2: semifinished wooden doors, drawer fronts, and frames
produced in China are further processed in Malaysia or Vietnam (by,
for example trimming, cutting, notching, punching, drilling,
painting, staining, or other finishing processes), and combined in
Malaysia or Vietnam with wooden cabinet and vanity boxes and drawers
produced in Malaysia or Vietnam;
Scenario 3: semifinished parts of wooden cabinet and vanity
doors, drawer fronts, and frames (including the rails, stiles, and
panels) produced in China are further processed in Malaysia or
Vietnam (by, for example trimming, cutting, notching, punching,
drilling, painting, staining, or other finishing processes,
including the assembly of the parts to produce fully finished wooden
cabinet doors, drawer fronts, and frames) and combined in Malaysia
or Vietnam with wooden cabinet and vanity boxes and drawers produced
in Malaysia or Vietnam.
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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,
bills of materials, productions records in China and Malaysia or
Vietnam, descriptions of processes completed in China and Malaysia
or Vietnam, invoices, etc.) until the later of: (1) the date that is
five years after the latest entry date of the entries covered by the
certification; or (2) the date that is three years after the
conclusion of any litigation in 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 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 {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
in the Automated Commercial Environment, 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.
[[Page 58114]]
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 wooden cabinets from China. I understand that
such finding:
(i) will result in the suspension of liquidation of all
unliquidated entries (and entries for which liquidation has not
become final) for which these requirements were not met;
(ii) will result in the importer being required to post the AD
and CVD cash deposits determined by Commerce; and
(iii) may also result in 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 by the time of filing the
entry summary or within 45 days of the date on which Commerce issued
the final scope determination implementing the certification regime.
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}
Appendix III
Exporter Certification
The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
A. My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE
UNITED STATES{time} , located at {ADDRESS OF FOREIGN COMPANY THAT
MADE THE SALE TO THE UNITED STATES{time} .
B. I have direct personal knowledge of the facts regarding the
production and exportation of the wooden cabinets and vanities and
components thereof (wooden cabinets) 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 wooden cabinets 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 wooden cabinets covered by this certification do not
contain wooden cabinet components, produced according to Scenarios
1, 2, or 3,\17\ started in the People's Republic of China (China),
completed in Malaysia or Vietnam, and exported to the United States,
regardless of whether sourced directly from a producer in China or
from a downstream seller.
---------------------------------------------------------------------------
\17\ Scenario 1: finished wooden doors, drawer fronts, and
frames produced in China are combined in Malaysia or the Socialist
Republic of Vietnam (Vietnam) with wooden cabinet and vanity boxes
and drawers produced in Malaysia or Vietnam;
Scenario 2: semifinished wooden doors, drawer fronts, and frames
produced in China are further processed in Malaysia or Vietnam (by,
for example trimming, cutting, notching, punching, drilling,
painting, staining, or other finishing processes), and combined in
Malaysia or Vietnam with wooden cabinet and vanity boxes and drawers
produced in Malaysia or Vietnam;
Scenario 3: semifinished parts of wooden cabinet and vanity
doors, drawer fronts, and frames (including the rails, stiles, and
panels) produced in China are further processed in Malaysia or
Vietnam (by, for example trimming, cutting, notching, punching,
drilling, painting, staining, or other finishing processes,
including the assembly of the parts to produce fully finished wooden
cabinet doors, drawer fronts, and frames) and combined in Malaysia
or Vietnam with wooden cabinet and vanity boxes and drawers produced
in Malaysia or Vietnam.
---------------------------------------------------------------------------
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's Name:
Producer's Address:
Producer's Invoice # to Foreign Seller:
Name of Producer(s) of Wooden Cabinets, Wooden Cabinet Components,
and Wooden Cabinet Component Parts:
Producers' Addresses Including Country:
F. 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, bills of materials, productions
records, descriptions of processes completed in China and Malaysia
or Vietnam, 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.
G. 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.
H. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
I. 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 and countervailing duty orders
on wooden cabinets from China. I understand that such a finding:
(i) will result in suspension of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) will result in the importer being required to post the AD
and CVD cash deposits determined by Commerce; and
(iii) may also result in the seller/exporter no longer being
allowed to participate in the certification process.
J. I understand that agents of the seller/exporter, such as
freight forwarding companies or brokers, are not permitted to make
this certification.
K. This certification was completed at time of shipment or
within 45 days of the date on which Commerce issued its final scope
determination implementing the certification regime.
L. 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. 2024-15681 Filed 7-16-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 17, 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.