Notice2024-17473
Aluminum Wire and Cable From the People's Republic of China: Preliminary Negative Scope Determinations With Respect to Cambodia, Korea, and Vietnam; Preliminary Affirmative Determinations of Circumvention With Respect to Korea and Vietnam; Preliminary Negative Determination of Circumvention With Respect to Cambodia
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
August 7, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that imports of aluminum wire and cable (AWC) completed in Cambodia, the Republic of Korea (Korea), and the Socialist Republic of Vietnam (Vietnam) (collectively, the third countries) using certain AWC inputs manufactured in the People's Republic of China (China) are not covered by scope of the antidumping duty (AD) and countervailing duty (CVD) orders on AWC from China. In addition, Commerce preliminarily determines that AWC completed in Korea and Vietnam using certain AWC inputs manufactured in China are circumventing the orders. Commerce also preliminarily determines that AWC completed in Cambodia using certain AWC inputs manufactured in China are not circumventing the orders. Commerce is also imposing a certification requirement with respect to applicable entries from Korea and Vietnam. Interested parties are invited to comment on these preliminary determinations.
Full Text
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<title>Federal Register, Volume 89 Issue 152 (Wednesday, August 7, 2024)</title>
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[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Notices]
[Pages 64406-64411]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17473]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-095, C-570-096]
Aluminum Wire and Cable From the People's Republic of China:
Preliminary Negative Scope Determinations With Respect to Cambodia,
Korea, and Vietnam; Preliminary Affirmative Determinations of
Circumvention With Respect to Korea and Vietnam; Preliminary Negative
Determination of Circumvention With Respect to Cambodia
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that imports of aluminum wire and cable (AWC) completed in
Cambodia, the Republic of Korea (Korea), and the Socialist Republic of
Vietnam (Vietnam) (collectively, the third countries) using certain AWC
inputs manufactured in the People's Republic of China (China) are not
covered by scope of the antidumping duty (AD) and countervailing duty
(CVD) orders on AWC from China. In addition, Commerce preliminarily
determines that AWC completed in Korea and Vietnam using certain AWC
inputs manufactured in China are circumventing the orders. Commerce
also preliminarily determines that AWC completed in Cambodia using
certain AWC inputs manufactured in China are not circumventing the
orders. Commerce is also imposing a certification requirement with
respect to applicable entries from Korea and Vietnam. Interested
parties are invited to comment on these preliminary determinations.
DATES: Applicable August 7, 2024.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
On December 23, 2019, Commerce published the orders in the Federal
Register.\1\ On October 19, 2023, pursuant to 19 CFR 351.225(b),
[[Page 64407]]
Commerce self-initiated scope inquiries to determine whether imports of
AWC completed in Cambodia, Korea, and Vietnam using inputs manufactured
in China are covered by the Orders.\2\ On this same day, pursuant to 19
CFR 351.226(b) and section 781(b) of the Tariff Act of 1930, as amended
(the Act), Commerce also self-initiated country-wide circumvention
inquiries to determine whether imports of AWC from Cambodia, Korea, and
Vietnam, if outside of the scope of the Orders, are nonetheless
circumventing the Orders. Commerce aligned both the scope and
circumvention inquiries in accordance with 19 CFR 351.225(e)(3) and 19
CFR 351.226(e)(e).
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\1\ See Aluminum Wire and Cable from the People's Republic of
China: Antidumping and Countervailing Duty Orders, 84 FR 70496
(December 23, 2019) (Orders).
\2\ See Aluminum Wire and Cable from the People's Republic of
China: Initiation of Scope and Circumvention Inquiries of the
Antidumping Duty and Countervailing Duty Orders, 88 FR 72041
(October 19, 2023) (Initiation Notice), and accompanying Initiation
Memorandum.
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In the Initiation Notice, Commerce determined that it is
appropriate to first determine whether the merchandise is subject to
the scope of the Orders through a scope inquiry before considering
whether the merchandise is circumventing the Orders. Commerce also
stated that, accordingly, it would initially conduct a scope inquiry of
the merchandise at issue, and then once it has made a determination as
the scope coverage status of the merchandise, would determine whether
to proceed with a circumvention inquiry.\3\
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\3\ See Initiation Notice.
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Between February 12 and 23, 2024, Commerce selected respondents
from each of the third countries as mandatory respondents in these
scope and circumvention inquiries.\4\ On March 8, 2024, Commerce
extended the deadline for these preliminary determinations until June
13, 2024.\5\ On June 5, 2024, and based on a request from Encore Wire
Corporation (Encore) and Southwire Company LLC (Southwire)
(collectively, the petitioners),\6\ Commerce further extended these
preliminary determinations to July 12, 2024.\7\ On July 12, 2024, we
further extended the deadline for the preliminary determinations to
July 24, 2024.\8\ On July 22, 2024, Commerce tolled certain deadlines
in this administrative proceeding by seven days. The deadline for these
preliminary determinations is now July 31, 2024.\9\ For a complete
description of the events that followed initiation of these scope and
circumvention investigations, see the Preliminary Decision
Memoranda.\10\ The Preliminary 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, complete versions of the Preliminary
Decision Memoranda can be access directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memoranda, ``Respondent Selection Regarding the Scope
and Circumvention Inquiries with Respect to the Republic of Korea,''
dated February 12, 2024; ``Respondent Selection Regarding the Scope
and Circumvention Inquiries with Respect to the Socialist Republic
of Vietnam,'' dated February 12, 2024; and ``Respondent Selection
Regarding the Scope and Circumvention Inquires for the Kingdom of
Cambodia,'' dated February 23, 2024.
\5\ See Memorandum, ``Extension of Deadlines for the Preliminary
Determinations in Circumvention Inquiries,'' dated March 8, 2024.
\6\ See Petitioners' Letter, ``Petitioners' Request that
Commerce Extend the Deadlines for its Scope Rulings and Preliminary
Circumvention Determinations,'' dated May 14, 2024.
\7\ See Memorandum, ``Extension of Deadlines for the Final
Determination in Circumvention Inquiries,'' dated June 5, 2024.
\8\ See Memorandum, ``Extension of Deadlines for the Preliminary
Determinations in Circumvention Inquiries,'' dated July 12, 2024.
\9\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\10\ See Memoranda, ``Preliminary Decision Memorandum for the
Scope Inquiry and Preliminary Decision Memorandum for the
Circumvention Inquiry with Respect to Cambodia,'' (Cambodia
Preliminary Decision Memorandum); ``Preliminary Decision Memorandum
for the Scope Inquiry and Preliminary Decision Memorandum for the
Circumvention Inquiry with Respect to the Republic of Korea;'' and
``Preliminary Decision Memorandum for the Scope Inquiry and
Preliminary Decision Memorandum for the Circumvention Inquiry with
Respect to the Socialist Republic of Vietnam,'' all dated
concurrently with, and hereby adopted by this notice (collectively,
Preliminary Decision Memoranda).
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Scope of the Orders
The products subject to the Orders are aluminum wire and cable. For
a full description of the scope of the Orders, see the Preliminary
Decision Memoranda.
Merchandise Subject to the Scope and Anti-Circumvention Inquiries
These inquiries cover AWC assembled or completed in either
Cambodia, Korea, or Vietnam using Chinese-origin AWC inputs (e.g.,
stranded wire and cables or unfinished AWC) that is subsequently
exported from the third countries to the United States (inquiry
merchandise). These inquiries cover exports of AWC from the third
countries that are assembled or completed using inputs of Chinese
origin which undergo further processing in the third countries.
Scope Determinations
As detailed in the Preliminary Decision Memoranda, Commerce
preliminarily determines that the AWC in question that is produced in
the third countries using Chinese inputs does not meet the physical
description of the scope of the Orders and, therefore, the AWC produced
in the third countries does not fall under the scope of the Orders.\11\
Commerce noted in the Preliminary Decision Memoranda that it recently
made a similar finding regarding merchandise subject to the scope of
the Orders.\12\
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\11\ See the Preliminary Decision Memoranda at the sections,
``Scope Inquiry.''
\12\ Id., citing Notice of Scope Rulings, 89 FR 47896 (June 4,
2024), at the section ``A-570-096 and C-570-096: Aluminum Wire and
Cable from China,'' and accompanying Memorandum, ``Aluminum Wire and
Cable from the People's Republic of China: Scope Ruling for Imperium
Cables, LLC,'' dated December 2, 2023, a public document and is on
file electronically via ACCESS.
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Commerce notes that these preliminary scope determinations are
subject to verification of record information submitted by the company
respondents in the third countries that are subject to these inquiries.
At the completion of these inquiries, Commerce will serve a copy of
these scope determinations to interested parties on the scope service
list. In addition, Commerce will issue appropriate instructions to U.S.
Customs and Border Protection (CBP).
Methodology Regarding Circumvention Inquiries
Commerce made these preliminary circumvention determinations in
accordance with section 781(b) of the Act and 19 CFR 351.226. With
respect to Korea and Vietnam, we relied on the facts available under
section 776(a) of the Act, including facts available with adverse
inferences under section 776(b) of the Act, where appropriate.\13\ For
a full description of the methodology underlying these preliminary
determinations, see the Preliminary Decision Memoranda. A list of
topics discussed in the Preliminary Decision Memoranda is included as
Appendix I to this notice.
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\13\ See the Preliminary Decision Memoranda with Respect to
Korea and Vietnam at the section, ``Use of Facts Otherwise Available
and Application of Adverse Inferences.''
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Affirmative Preliminary Determinations of Circumvention: Korea and
Vietnam
As detailed in the Preliminary Decision Memoranda, Commerce
preliminarily determines that U.S. imports of inquiry merchandise from
Korea and from Vietnam are
[[Page 64408]]
circumventing the Orders on a country-wide basis.\14\ As a result,
Commerce preliminarily determines that it is appropriate to include
inquiry merchandise within the Orders and to instruct CBP to suspend
entries of AWC from Korea or from Vietnam that were produced in either
Korea or Vietnam and that are produced using inputs sourced from China.
To administer these preliminary affirmative determinations of
circumvention, exporters and importers of AWC completed in Korea or
Vietnam using non-Chinese origin aluminum wire rod, aluminum wire
strand, or aluminum wire will be permitted to attest that specific
entries are not subject to the suspension of liquidation or the
collection of cash deposits.
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\14\ See the Preliminary Decision Memoranda with respect to
Korea and Vietnam at the section, ``Certification Process and
Country-Wide Preliminary Affirmative Determination of
Circumvention.''
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See the ``Suspension of Liquidation'' section below for details
regarding the suspension of liquidation and cash deposit requirements.
See the ``Certification'' and ``Certification Requirements'' sections
below regarding the use of certifications.
Suspension of Liquidation
Based on the preliminary affirmative country-wide determinations of
circumvention with respect to Korea and Vietnam, in accordance with 19
CFR 351.225(l)(2), Commerce will direct CBP to suspend liquidation and
to require a cash deposit of estimated duties on unliquidated entries
of inquiry merchandise that were entered, or withdrawn from warehouse,
for consumption, on or after October 19, 2023, the date of publication
of the initiation of these circumvention inquiries in the Federal
Register.\15\
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\15\ See Initiation Notice.
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Where companies subject to these inquiries have their own company-
specific rate under the Orders, the cash deposit rate will be the
company-specific rate. Otherwise, Commerce will instruct CBP to require
AD cash deposits equal to the China-wide rate of 52.79 percent and CVD
cash deposits equal to 33.44 percent.\16\ The suspension of liquidation
will remain in effect until further notice.
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\16\ See Orders.
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Negative Preliminary Determination of Circumvention: Cambodia
Also as detailed in the Cambodia Preliminary Decision Memorandum,
Commerce preliminarily determines that U.S. imports of inquiry
merchandise from Cambodia are not circumventing the Orders.\17\ As a
result, in accordance with section 781(b) of the Act, Commerce
preliminarily determines that the inquiry merchandise exported from
Cambodia should not be included within the scope of the Orders.
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\17\ See Cambodia Preliminary Decision Memorandum at the
section, ``Country-Wide Preliminary Negative Determination of
Circumvention.''
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Certified Entries
Entries for which the importer has met the certification
requirements described below and in Appendix II to this notice will not
be subject to suspension of liquidation, or the cash deposit
requirements described above. Failure to comply with the applicable
requisite certification requirements may result in the merchandise
being subject to antidumping and countervailing duties.
Certifications
To administer the preliminary country-wide affirmative
circumvention determinations for Korea and for Vietnam, Commerce has
established importer and exporter certifications as provided for in
Appendix II to this notice. These certifications will permit importers
and exporters to establish that specific entries of AWC from Korea and
Vietnam are not subject to suspension of liquidation or the collection
of cash deposits pursuant to these preliminary country-wide affirmative
determinations of circumvention because the merchandise was processed
in either Korea or in Vietnam and does not incorporate Chinese-sourced
aluminum wire rod, aluminum wire strand, or aluminum wire. Importers
and exporters that claim that an entry of AWC is not subject to
suspension of liquidation or the collection of cash deposits because
the merchandise was processed in either Korea or in Vietnam and does
not incorporate Chinese-sourced aluminum wire rod, aluminum wire
strand, or aluminum wire must certify that these products satisfy the
requirements of these certification requirements as described in
Appendix II of this notice.
Certification Requirements for Korea and 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. 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.). 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 AWC that was manufactured in Korea 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 AWC from Korea or Vietnam that were entered, or withdrawn
from warehouse, for consumption during the period October 19, 2023 (the
date of initiation of these circumvention inquiries) through the date
of publication of these preliminary affirmative 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 be completed and signed as soon as practicable, but not later
than 45 days after the date of publication of these preliminary
determinations in the Federal Register. For such entries, 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 within 45 days of the date of
publication of these preliminary determinations in the Federal
Register.
For unliquidated entries (and entries for which liquidation has not
become final) of AWC that were declared as non-AD/CVD type entries
(e.g., type 01)
[[Page 64409]]
and entered, or withdrawn from warehouse, for consumption in the United
States during the period October 19, 2023 (the date of 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 following third-country case
numbers: Korea A-580-095-000/C-580-096-000; and Vietnam A-552-095-000/
C-552-096-000. Other third-country case numbers may be established
following the process described above. 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 these
preliminary country-wide affirmative determinations of circumvention
and the Orders,\18\ all unliquidated entries for which these
requirements were not met and require the importer to post applicable
AD and CVD cash deposits equal to the rates noted above.
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\18\ See Orders.
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Interested parties may comment on these certification requirements,
and on the certification language contained in the appendices to this
notice in their case briefs.
Verification
As provided in 19 CFR 351.226(f)(3), Commerce intends to verify the
information relied upon in making its final determinations.
Public Comment and Request for Hearing
Case briefs or other written comments should be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which any verification report is issued.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline for case
briefs.\19\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in these circumvention inquiries
must submit: (1) a statement of the issue; and (2) a table of
authorities. Case and rebuttal briefs should be filed using ACCESS.
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\19\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069 (September 29, 2023)
(APO and Service Final Rule).
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As provided in 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In these scope and circumvention inquiries,
we instead request that interested parties provide at the beginning of
their briefs, a public executive summary for each issue raised in their
briefs.\20\ Further, we request that interested parties limit their
public executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in these scope
and circumvention inquiries. We request that interested parties include
footnotes for relevant citations in the public executive summary of
each issue. Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\21\
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\20\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\21\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register,
filed electronically via ACCESS. Requests should contain: (1) the
requesting party's name, address, and telephone number; (2) the number
of individuals from the requesting party that will attend the hearing;
and (3) a list of the issues that the party intends to discuss at the
hearing. Oral presentations at the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, parties will
be notified of the time and date for the hearing.
U.S. International Trade Commission Notification
Commerce, consistent with section 781(e) of the Act, will notify
the U.S. International Trade Commission (ITC) of these preliminary
determinations to include the merchandise subject to these
circumvention inquiries within the Orders. Pursuant to section 781(e)
of the Act, the ITC may request consultations concerning Commerce's
proposed inclusion of the inquiry merchandise. If, after consultations,
the ITC believes that a significant injury issue is presented by the
proposed inclusion, it will have 60 days from the date of notification
by Commerce to provide written advice.
Notification to Interested Parties
Commerce is issuing and publishing these determinations in
accordance with section 781(b) of the Act, 19 CFR 351.225(g), and 19
CFR 351.226(g)(1).
Dated: July 31, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Topics Discussed in the Preliminary Decision Memoranda
Cambodia
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to These Circumvention and Scope Inquiries
V. Scope Inquiry
VI. Circumvention Inquiry
VII. Country-Wide Preliminary Negative Determination of
Circumvention
VIII. Recommendation
Korea
I. Summary
II. Background
III. Treatment of Voluntary Respondent
IV. Untimely Submission
V. Scope of the Orders
VI. Merchandise Subject to These Circumvention and Scope Inquiries
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Scope Inquiry
IX. Circumvention Inquiry
X. Summary of Statutory Analysis
XI. Certification Process and Country-Wide Preliminary Affirmative
Determination of Circumvention
XII. Recommendation
Vietnam
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to These Circumvention and Scope Inquiries
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Scope Inquiry
VII. Circumvention Inquiry
VIII. Certification Process and Country-Wide Preliminary Affirmative
Determination of Circumvention
[[Page 64410]]
IX. 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
aluminum wire and cable (AWC) assembled or completed in {select
Korea or Vietnam{time} that 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 AWC,
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 AWC 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 AWC 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 the inputs (i.e., aluminum wire
rod, aluminum wire strand, or aluminum wire) used to produce the
imported AWC).
(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:
Producer:
Producer's Address:
(G) The AWC covered by this certification does not contain
aluminum wire rod, aluminum wire strand, or aluminum wire produced
in the People's Republic of China.
(H) I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of this certification and sufficient documentation
supporting this certification (i.e., documents maintained in the
normal course of business, or documents obtained by the certifying
party, for example, certificates of origin, product data sheets,
mill test reports, productions records, invoices, etc.) until the
later of: (1) the date that is five years after the date of the
latest entry covered by the certification; or (2) the date that is
three years after the conclusion of any litigation in the United
States courts regarding such entries.
(I) I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of the exporter's certification (attesting to the
production and/or exportation of the imported merchandise identified
above), and any supporting documentation provided to the importer by
the exporter, until the later of: (1) the date that is five years
after the date of the latest entry covered by the certification; or
(2) the date that is three years after the conclusion of any
litigation in United States courts regarding such entries.
(J) I understand that {IMPORTING COMPANY{time} is required to
provide U.S. Customs and Border Protection (CBP) and/or the U.S.
Department of Commerce (Commerce) with the importer certification,
and any supporting documentation, and a copy of the exporter's
certification, and any supporting documentation provided to the
importer by the exporter, upon request of either agency.
(K) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(L) I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are within the scope of the antidumping duty and countervailing duty
orders on AWC 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.
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.
(N) 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 aluminum wire and cable (AWC) 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 AWC 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 THE MERCHANDISE
WAS SHIPPED{time} .
(D) The AWC covered by this certification does not contain
aluminum wire rod, aluminum wire strand, or aluminum wire produced
in the People's Republic of China.
(E) This certification applies to the following sales to {NAME
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Producer Name:
Producer's Address:
Producer's Invoice # to Foreign Seller: (If the foreign seller and
the producer are the same party, put NA here.)
Name of Producer of AWC:
Location (Country) of Producer of AWC:
(F) The AWC 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.
[[Page 64411]]
Customs and Border Protection (CBP) and/or the U.S. Department of
Commerce (Commerce) with this certification, and any supporting
documents, upon request of either agency.
(I) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(J) I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all sales to which this certification applies are
within the scope of the antidumping duty order and countervailing
duty order on AWC 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.
(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. 2024-17473 Filed 8-6-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on August 7, 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.