Notice2025-01744
Aluminum Wire and Cable From the People's Republic of China: Final Negative Scope Ruling and Final Affirmative Determination of Circumvention With Respect to 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 27, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of aluminum wire and cable (AWC) completed in the Socialist Republic of Vietnam (Vietnam) using certain AWC inputs manufactured in the People's Republic of China (China) are not covered by the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on AWC from China. In addition, Commerce determines that AWC completed in Vietnam using certain AWC inputs manufactured in China are circumventing the AD and CVD orders on AWC from China.
Full Text
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<title>Federal Register, Volume 90 Issue 16 (Monday, January 27, 2025)</title>
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[Federal Register Volume 90, Number 16 (Monday, January 27, 2025)]
[Notices]
[Pages 8196-8200]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01744]
[[Page 8196]]
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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:
Final Negative Scope Ruling and Final Affirmative Determination of
Circumvention With Respect to 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 aluminum wire and cable (AWC) completed in the Socialist
Republic of Vietnam (Vietnam) using certain AWC inputs manufactured in
the People's Republic of China (China) are not covered by the scope of
the antidumping duty (AD) and countervailing duty (CVD) orders on AWC
from China. In addition, Commerce determines that AWC completed in
Vietnam using certain AWC inputs manufactured in China are
circumventing the AD and CVD orders on AWC from China.
DATES: Applicable January 27, 2025.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, 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) 482-1388.
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),
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\ Commerce also, pursuant to 19
CFR 351.226(b) and section 781(b) of the Tariff Act of 1930, as amended
(the Act), 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.\3\
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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.
\3\ Id.
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On August 7, 2024, Commerce published in the Federal Register its
Preliminary Determinations that imports of AWC completed in Vietnam
using certain AWC inputs manufactured in China are not covered by the
scope of the AD and CVD orders on AWC from China and, that imports of
AWC completed in Vietnam using certain AWC inputs are circumventing
Orders.\4\ Pursuant to section 781(e) of the Tariff Act of 1930, as
amended (the Act), on August 13, 2024, Commerce notified the U.S.
International Trade Commission (ITC) of its preliminary affirmative
determination of circumvention with respect to Vietnam.\5\ The ITC did
not request consultations with Commerce.
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\4\ See 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, 89
FR 64406 (August 7, 2024) (Preliminary Determinations), and
accompanying Preliminary Determination Memorandum (PDM); see also
Orders.
\5\ See Commerce's Letter, ``Notification of Affirmative and
Negative Preliminary Determinations of Circumvention,'' dated August
13, 2024.
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Between September and October 2024, Commerce conducted verification
of the questionnaire responses submitted by the Vietnamese respondents,
ICF Cable Co. Ltd. (ICF) and Tanghenam Electric Wire and Cable Co.,
Ltd. (Tanghenam).\6\
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\6\ See Memorandum, ``Verification of the Responses of Tanghenam
Electric Wire and Cable Co., Ltd. in the Circumvention and Scope
Inquiry on the Antidumping Duty Order on Aluminum Wire and Cable
from People's Republic of China,'' dated November 20, 2024
(Tanghenam Verification Report); see also ``Verification of the
Responses of ICF Cable Co. Ltd. in the Circumvention and Scope
Inquiry on the Antidumping Duty Order on Aluminum Wire and Cable
from People's Republic of China,'' dated November 25, 2024 (ICF
Verification Report).
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On December 12, 2024, Commerce extended the deadline for the final
determination of this circumvention inquiry to January 8, 2025.\7\ On
January 6, 2025, Commerce further extended the deadline for the final
determination to January 17, 2025.\8\ 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 determination, see the Issues and Decision Memorandum.\9\ The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\7\ See Memorandum, ``Extension of Deadlines for the Final
Determinations in Circumvention Inquiries Pertaining to Korea and
Vietnam,'' dated December 12, 2024.
\8\ See Memorandum, ``Extension of Deadlines for the Final
Determinations,'' dated January 6, 2025.
\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Scope Ruling and Circumvention Inquiry of the
Antidumping and Countervailing Duty Orders on Aluminum Wire and
Cable from the People's Republic of China with Respect to the
Socialist Republic of Vietnam,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum)
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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 Appendix I of this
notice.
Merchandise Subject to the Scope and Circumvention Inquiries
These inquiries cover AWC assembled or completed in Vietnam using
Chinese-origin AWC inputs (e.g., stranded wire and cables or unfinished
AWC) that is subsequently exported from Vietnam to the United States
(inquiry merchandise). These inquiries cover exports of AWC from
Vietnam that are assembled or completed using inputs of Chinese origin
which undergo further processing in Vietnam. For a full description of
the merchandise subject to the scope and circumvention inquiries, see
Appendix II of this notice.
Analysis of Comments Received
All issues raised in this inquiry are addressed in the Issues and
Decision Memorandum. A list of the issues raised is attached to this
notice in Appendix III. Based on our analysis of the comments received
from Encore Wire Corporation (Encore), a domestic interested party and
Tanghenam, we made changes from the Preliminary Determinations.
Specifically, we applied partial adverse facts available (AFA) to our
circumvention determination under sections 781(b)(2)(E) and
781(b)(1)(D) of the Act with respect to Tanghenam. Furthermore, we are
precluding Tanghenam from participating in the certification program
for exports of AWC completed in Vietnam and subsequently exported to
the United States; as well as not allowing Tanghenam to certify.
[[Page 8197]]
Methodology and Final Scope Ruling
Commerce conducted this scope inquiry in accordance with 19 CFR
351.225(k)(1), and made no changes to its methodology for this final
scope ruling. Specifically, as discussed in the Preliminary
Determinations, Commerce finds that AWC produced in Vietnam using
Chinese-sourced inputs that do not satisfy the physical description of
the scope of the Orders is not subject to the Orders.\10\
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\10\ See Preliminary Determinations PDM at 7-10.
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Methodology and Final Circumvention Determination
Commerce conducted this circumvention inquiry in accordance with
section 781(a) of the Act and 19 CFR 351.226. Furthermore, as discussed
in the Preliminary Determinations and the Issues and Decision
Memorandum, Commerce determines that U.S. imports of inquiry
merchandise from Vietnam are circumventing the Orders.\11\ We have
continued to apply this methodology and incorporate by reference this
description of the methodology for our final determination for ICF.\12\
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\11\ Id. at 10-23; see also Issues and Decision Memorandum.
\12\ See Issues and Decision Memorandum.
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With regard to Tanghenam, Commerce has revised its preliminary
circumvention analysis by relying on partial facts available with an
adverse inference under section 776 of the Act for the purpose of
reaching determinations under sections 781(b)(2)(E) and 781(b)(1)(D) of
the Act as discussed in the Issues and Decision Memorandum and in the
``Use of Facts Available'' section below.
Commerce is making its final affirmative determination of
circumvention on a country-wide basis. As a result, in accordance with
section 781(b) of the Act, Commerce determines that the inquiry
merchandise exported from Vietnam should be included within the scope
of the Orders.
We determine that Vietnamese-origin AWC produced by ICF and
Tanghenam with Chinese-origin aluminum inputs is circumventing the
Orders. We also determine that U.S. imports of Vietnamese-origin AWC
produced with Chinese-sourced inputs are circumventing the Orders on a
country-wide basis. As a result, in accordance with section 781(a) of
the Act, we determine that this merchandise is covered by the
Orders.\13\ See the ``Certified Entries,'' ``Certification,'' and
``Certification Requirements'' sections, below, for details regarding
the use of certifications. See the ``Suspension of Liquidation and Cash
Deposit Requirements'' section, below, for details regarding suspension
of liquidation and cash deposit requirements.
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\13\ See Preliminary Determinations PDM and the Issues and
Decision Memorandum.
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Application of AFA
In this final determination, Commerce finds that necessary
information is not available on the record with respect to Tanghenam
within the meaning of section 776(a)(1) of the Act. Tanghenam 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 finds that this company failed to cooperate by
not acting to the best of its ability to provide the requested
information pursuant to section 776(b)(1) of the Act. Consequently, we
are relying on the application of partial adverse inferences with
respect to Tanghenam in selecting from among the facts otherwise
available on the record, pursuant to sections 776(a) and (b) of the
Act; specifically, we have relied on AFA in reaching determinations
under sections 781(b)(2)(E) and 781(b)(1)(D) of the Act.\14\
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\14\ See Issues and Decision Memorandum.
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Suspension of Liquidation and Cash Deposits
Based on the affirmative country-wide determinations of
circumvention, 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 AWC completed or assembled Vietnam
using Chinese-origin aluminum rod, aluminum wire, or aluminum wire
strand, that were entered, or withdrawn from warehouse, for consumption
on or after October 19, 2023, the date of publication of the Initiation
Notice. In accordance with 19 CFR 351.226(l)(3), we will direct CBP to
continue the suspension of liquidation of previously suspended entries
and to suspend liquidation of all entries of AWC completed or assembled
in Vietnam from Chinese-origin aluminum rod, aluminum wire, or aluminum
wire strand that are entered, or withdrawn from warehouse, for
consumption on or after October 19, 2023 (i.e., the date of publication
of the Initiation Notice).\15\
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\15\ See, generally, Initiation Notice.
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For all suspended U.S. entries of inquiry merchandise, the
antidumping duty cash deposit rate will be the cash deposit rate for
the China-wide entity (i.e., 52.79 percent).\16\ For all suspended U.S.
entries of inquiry merchandise, the CVD cash deposit rate will be the
all-others rate (i.e., 33.44 percent).\14\ Commerce has established the
following third-country case numbers in the Automated Commercial
Environment (ACE) for such entries: A-552-095-000/C-552-096-000.
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\16\ See AD Order.
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Cash deposits for exports of AWC from Vietnam already subject to
the Orders should continue to be collected in accordance with existing
CBP instructions and Chinese ACE numbers for such entries: A-570-095/C-
570-096.
These suspension of liquidation instructions and cash deposit
requirements will remain in effect until further notice.
Certified Entries
Entries for which the importer and exporter have met the
certification requirements described below and in Appendix 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 AD and CVD duties.
Certification
For Tanghenam, which will not be permitted to certify that its
merchandise was not produced from China-origin inputs, Commerce will
direct CBP, for all entries of AWC from Vietnam produced or exported by
Tanghenam, to suspend liquidation and require a cash deposit at the
rate applicable to the AD and CVD orders on AWC from China (i.e, the AD
cash deposit rate established for China-wide entity (52.79 percent) and
the CVD cash deposit rate established for all-others (33.44 percent).
These suspension of liquidation instructions will remain in effect
until further notice.
To administer the final country-wide affirmative circumvention
determination for Vietnam, Commerce has established importer and
exporter certifications as provided for in Appendix IV to this notice.
These certifications will permit eligible importers and exporters to
establish that specific entries of AWC from Vietnam are not subject to
suspension of liquidation or the collection of cash deposits pursuant
to these final country-wide affirmative determinations of circumvention
because the merchandise was processed in Vietnam and does not
incorporate Chinese-sourced inputs.
[[Page 8198]]
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 Vietnam and does not incorporate
Chinese-sourced inputs must certify that these products satisfy the
requirements of these certification requirements as described in
Appendix IV of this notice.
Certification Requirements
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. Unless otherwise specified, the, the importer
certification must be completed, signed, and dated by the time the
entry summary is filed for the relevant entry. The importer, or the
importer's agent, must submit both the importer's certification and the
exporter's certification to CBP as part of the entry process by
uploading them into the document imaging system (DIS) in ACE. Where the
importer uses a broker to facilitate the entry process, the importer
should obtain the entry summary number from the broker. Agents of the
importer, such as a broker, however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete and maintain the applicable
exporter certification and provide the importer with a copy of that
certification and all supporting documentation (e.g., invoice, purchase
order, production records, etc.). With the exception of the entries
described below, the exporter certification must be completed, signed,
and dated by the time of shipment of the relevant entries. The exporter
certification should be completed by the party selling the AWC that was
manufactured in Vietnam to the United States.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce or CBP
or both Commerce and 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 Vietnam that was entered, or withdrawn from
warehouse, for consumption during the period October 19, 2023 (the date
of initiation of this circumvention inquiry), 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 complete and signed.
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) 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 third
country CBP case numbers identified in the ``Suspension of Liquidation
and Cash Deposit Requirements'' section, above. The importer should
post cash deposits on those entries consistent with the regulations
governing post summary corrections that require payment of additional
duties, including AD/CVD duties.
If it is determined that an importer or exporter has not met the
certification and related documentation requirements for certain
entries, Commerce intends to instruct CBP to suspend, pursuant to this
country-wide affirmative determination of circumvention and the
Orders,\17\ all unliquidated entries for which these requirements were
not met and require the importer to post applicable cash deposits equal
to the rates noted above.
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\17\ See Orders.
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Opportunity To Request an Administrative Review
Each year during the anniversary month of the publication of an AD
or CVD order, finding, or suspended investigation, an interested party,
as defined in section 771(9) of the Act, may request, in accordance
with 19 CFR 351.213, that Commerce conduct an administrative review of
that AD or CVD order, finding, or suspended investigation. Interested
parties who wish that Commerce conducts an administrative review should
wait until Commerce announces via the Federal Register the next window
during the anniversary month of the publication of the AD or CVD order
to submit such requests. The anniversary month for these Orders is
December.
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
Commerce is issuing and publishing this notice in accordance with
sections 781(b) and 777(i) of the Act, 19 CFR 351.225(h), and 19 CFR
351.226(g)(2).
Dated: January 17, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Orders
The merchandise subject to the Orders is aluminum wire and
cable, which is defined as an assembly of one or more electrical
conductors made from 8000 Series Aluminum Alloys (defined in
accordance with ASTM B800), Aluminum Alloy 1350 (defined in
accordance with ASTM B230/B230M or B609/B609M), and/or Aluminum
Alloy 6201 (defined in accordance with ASTM B398/B398M), provided
that: (1) At least one of the electrical conductors is insulated;
(2) each insulated electrical conductor has a voltage rating greater
than 80 volts and not exceeding 1000 volts; and (3) at least one
electrical conductor is stranded and has a size not less than 16.5
thousand circular mil (kcmil) and not greater than 1000 kcmil. The
assembly may: (1) Include a grounding or neutral conductor; (2) be
clad with aluminum, steel, or other base metal; or (3) include a
steel support center wire, one or more connectors, a tape shield, a
jacket or other covering, and/or filler materials.
Most aluminum wire and cable products conform to National
Electrical Code (NEC) types THHN, THWN, THWN-2, XHHW-2, USE, USE-2,
RHH, RHW, or RHW-2, and also conform to Underwriters Laboratories
(UL) standards UL-44, UL-83, UL-758, UL- 854, UL-1063, UL- 1277, UL-
1569, UL-1581, or UL-4703, but such conformity is not required for
the merchandise to be included within the scope.
The scope of the Orders specifically excludes aluminum wire and
cable products in lengths less than six feet, whether or not
included in equipment already assembled at the time of importation.
The merchandise covered by the Orders is currently classifiable
under subheading 8544.49.9000 of the Harmonized Tariff Schedule of
the United States (HTSUS).
[[Page 8199]]
Products subject to the scope may also enter under HTSUS subheading
8544.42.9090. The HTSUS subheadings are provided for convenience and
customs purposes. The written description of the scope of the Orders
is dispositive.
Appendix II
Merchandise Subject to the Scope and Circumvention Inquiries
The scope and circumvention inquiries cover AWC completed in
Vietnam using AWC inputs (e.g., stranded wire and cables or
unfinished AWC) of Chinese-origin that is subsequently exported from
Vietnam to the United States.
Available evidence shows that AWC inputs from China are
processed in Vietnam and subsequently exported to the United States.
These inquiries cover exports of AWC made using inputs of Chinese-
origin that undergo further processing in Vietnam.
These preliminary determinations apply to all shipments of
inquiry merchandise on or after the date of the initiation of these
circumvention and scope inquiries (i.e., October 19, 2023).
Importers and exporters of AWC from Vietnam, even where
preliminarily determined to be out of scope, must still certify that
merchandise is not subject to our country-wide finding of
circumvention. Otherwise, their merchandise may be subject to
antidumping and countervailing duties.
Appendix III
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Merchandise Subject to the Circumvention and Scope Inquiry
IV. Period of Circumvention Inquiry
V. Changes From the Preliminary Determinations
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Revise its Analysis Under
Section 781(b)(2)(E) of the Act
Comment 2: Levels of Investment and Research and Development,
Patterns of Trade, and Changes in Imports of AWC Inputs Into Vietnam
From China
Comment 3: Revision of Verification Statements
Comment 4: Application of Total AFA to Tanghenam
Comment 5: Tanghenam's Participation in the Certification
Process
VIII. Recommendation
Appendix IV
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 Vietnam 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.
(N) This certification was completed at time of shipment or
within 45 days of the date on which Commerce issued its preliminary
circumvention 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}
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.
[[Page 8200]]
(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. 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 at time of shipment or
within 45 days of the date on which Commerce issued its preliminary
circumvention determination implementing the certification regime.
(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. 2025-01744 Filed 1-24-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on January 27, 2025.
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.