Certain Corrosion-Resistant Steel Products From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders, 23895-23898 [2018-11028]
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Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices
84.94 percent rate calculated in the
Investigation.8
Final Determination of No Shipments
We found in the Preliminary Results
that Euro SME had no shipments of
subject merchandise during the POR,9
and no party commented on this
preliminary finding. As a result, this
finding has not changed.10 For further
details of the issues addressed in this
proceeding, see the Preliminary
Results.11
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Assessment Rates
Commerce determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise, where applicable, in
accordance with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b).
Commerce intends to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
this review.
Regarding Euro SME, the exporter
under review, which we determined
had no shipments of the subject
merchandise during the POR, for any
suspended entries of subject
merchandise for which Euro SME did
not know its merchandise was destined
for the United States, we will instruct
CBP to liquidate these entries at the allothers rate if there is no rate for the
intermediate company involved in the
transaction.12
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice of final
results of the administrative review, as
provided by section 751(a)(2)(C) of the
Act: (1) For Euro SME, which claimed
no shipments, the cash deposit rate will
remain unchanged from the rate
assigned to Euro SME in the most
recently completed review of the
company; (2) for previously investigated
or reviewed companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is a firm not covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters is 84.94 percent.13 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to 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 the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
We are issuing and publishing these
final results and this notice in
accordance with sections 751(a)(1) and
777(i) of the Act and 19 CFR
351.221(b)(5).
Dated: May 17, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
BILLING CODE 3510–DS–P
Preliminary Results, 83 FR at 11959.
10 Id.
11 Id.
12 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–026, C–570–027]
Certain Corrosion-Resistant Steel
Products From the People’s Republic
of China: Affirmative Final
Determination of Circumvention of the
Antidumping Duty and Countervailing
Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
certain corrosion-resistant steel
products (CORE), produced in the
Socialist Republic of Vietnam (Vietnam)
using carbon hot-rolled steel (HRS) or
cold-rolled steel (CRS) flat products
manufactured in the People’s Republic
of China (China), are circumventing the
antidumping duty (AD) and
countervailing duty (CVD) orders on
CORE from China.
DATES: Applicable May 23, 2018.
FOR FURTHER INFORMATION CONTACT:
Nancy Decker or 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) 482–0196 or
(202) 482–3148, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 11, 2017, Commerce
published the Preliminary
Determination 1 of circumvention of the
CORE Orders.2 A summary of the events
that occurred since Commerce
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
[FR Doc. 2018–11030 Filed 5–22–18; 8:45 am]
8 Id.
9 See
23895
13 See
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Investigation, 69 FR at 34129.
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1 See Certain Corrosion-Resistant Steel Products
from the People’s Republic of China: Affirmative
Preliminary Determination of Anti-Circumvention
Inquiries on the Antidumping Duty and
Countervailing Duty Orders, 82 FR 58170
(December 11, 2017) (Preliminary Determination)
and accompanying Preliminary Decision
Memorandum.
2 See Certain Corrosion-Resistant Steel Flat
Products from India, Italy, the People’s Republic of
China, the Republic of Korea, and Taiwan:
Amended Final Affirmative Antidumping Duty
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390 (July 25,
2016), and Certain Corrosion-Resistant Steel
Products from India, Italy, Republic of Korea, and
the People’s Republic of China: Countervailing Duty
Order, 81 FR 48387 (July 25, 2016) (collectively,
CORE Orders).
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Memorandum.3 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 https://access.trade.gov, and it is
available to all parties in the Central
Records Unit, room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Issues and Decision
Memorandum are identical in content.
Scope of the Orders
The products covered by these orders
are certain flat-rolled steel products,
either clad, plated, or coated with
corrosion-resistant metals such as zinc,
aluminum, or zinc-, aluminum-, nickelor iron-based alloys, whether or not
corrugated or painted, varnished,
laminated, or coated with plastics or
other non-metallic substances in
addition to the metallic coating. For a
complete description of the scope of the
orders, see the Issues and Decision
Memorandum.
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Scope of the Anti-Circumvention
Inquiries
These anti-circumvention inquiries
cover CORE produced in Vietnam using
HRS or CRS substrate manufactured in
China and subsequently exported from
Vietnam to the United States (inquiry
merchandise). These rulings apply to all
shipments of inquiry merchandise on or
after the date of the initiation of these
inquiries. Importers and exporters of
CORE produced in Vietnam using (1)
HRS manufactured in Vietnam or third
countries, (2) CRS manufactured in
Vietnam using HRS produced in
Vietnam or third countries, or (3) CRS
manufactured in third countries, must
certify that the HRS or CRS processed
into CORE in Vietnam did not originate
in China, as provided for in the
certifications attached to this Federal
Register notice. Otherwise, their
merchandise may be subject to
antidumping and countervailing duties.
Methodology
Commerce is conducting these anticircumvention inquiries in accordance
with section 781(b) of the Tariff Act of
3 See Memorandum, ‘‘Issues and Decision
Memorandum for Anti-Circumvention Inquiries on
the Antidumping Duty and Countervailing Duty
Orders on Certain Corrosion-Resistant Steel
Products from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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17:33 May 22, 2018
Jkt 244001
1930, as amended (the Act). Because
Vietnam and China 4 are non-market
economy countries, within the meaning
of section 771(18) of the Act, Commerce
calculated the value of certain
processing and merchandise using
factors of production and market
economy values, as discussed in section
773(c) of the Act. Because Vietnam and
China are non-market economy
countries, within the meaning of section
771(18) of the Act, in the Preliminary
Determination Commerce calculated the
value of certain processing and
merchandise using factors of production
and market economy values, as
discussed in section 773(c) of the Act.
See Preliminary Decision Memorandum
for a full description of the
methodology. We have continued to
apply this methodology for our final
determination. For further information,
see Comment 6 of the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in these
inquiries are addressed in the Issues and
Decision Memorandum. A list of the
issues raised is attached to this notice as
Appendix I.
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
our value of processing calculation
since the Preliminary Determination.
These changes are discussed in the
Issues and Decision Memorandum.
Final Affirmative Determination of
Circumvention
We determine that CORE produced in
Vietnam from HRS or CRS substrate
manufactured in China is circumventing
the CORE Orders. We, therefore, find it
appropriate to determine that this
merchandise falls within the CORE
Orders and to instruct U.S. Customs and
Border Protection (CBP) to continue to
suspend liquidation of any entries of
CORE from Vietnam produced using
4 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017) (citing Memorandum to Gary
Taverman, ‘‘China’s Status as a Non-Market
Economy,’’ dated October 26, 2017), unchanged in
Certain Aluminum Foil from the People’s Republic
of China: Final Determination of Sales at Less Than
Fair Value, 83 FR 9282 (March 5, 2018); see also
Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Preliminary Results
of Antidumping Duty Administrative Review, 81 FR
24797 (October 14, 2016) (unchanged in Certain Oil
Country Tubular Goods from the Socialist Republic
of Vietnam: Final Results of Antidumping Duty
Administrative Review; 2014–2015, 82 FR 18611
(April 20, 2017)).
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HRS or CRS substrate manufactured in
China.
Continuation of Suspension of
Liquidation
As stated above, Commerce has made
an affirmative determination of
circumvention of the CORE Orders by
exports to the United States of CORE
produced in Vietnam using Chineseorigin HRS or CRS substrate. This
circumvention finding applies to CORE
produced by any Vietnamese company
using Chinese-origin HRS or CRS
substrate. In accordance with 19 CFR
351.225(l)(3), Commerce will direct CBP
to continue to suspend liquidation and
to require a cash deposit of estimated
duties on unliquidated entries of CORE
produced in Vietnam using Chineseorigin HRS or CRS substrate that were
entered, or withdrawn from warehouse,
for consumption on or after November
4, 2016, the date of initiation of these
anti-circumvention inquiries.
The suspension of liquidation
instructions will remain in effect until
further notice. Commerce will instruct
CBP to require AD cash deposits equal
to the rate established for the Chinawide entity (199.43 percent) and CVD
cash deposits equal to the rate
established for the China all-others rate
(39.05 percent). In the underlying AD
and CVD investigations, Commerce
relied on the rates calculated for the sole
cooperative respondent in each
investigation to determine the Chinawide rate of 199.43 percent in the AD
investigation and the all-others rate of
39.05 percent in the CVD investigation.
The rates are thus based on the cost and
sales data and subsidy benefits of
Chinese producers.
CORE produced in Vietnam using
HRS or CRS substrate that is not of
Chinese-origin is not subject to these
inquiries. Therefore, cash deposits are
not required for such merchandise. If an
importer imports CORE from Vietnam
and it claims that the CORE was not
produced using HRS or CRS substrate
manufactured in China, in order not to
be subject to cash deposit requirements,
the importer and exporter are required
to meet the certification and
documentation requirements described
in Appendix II. Exporters of CORE
produced in Vietnam using nonChinese-origin HRS or CRS substrate
must prepare and maintain an Exporter
Certification and documentation
supporting the Exporter Certification
(see Appendix IV). In addition,
importers of such CORE must prepare
and maintain an Importer Certification
(see Appendix III) as well as
documentation supporting the Importer
Certification. Besides the Importer
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Certification, the importer must also
maintain a copy of an Exporter
Certification (see Appendix IV) and
relevant supporting documentation from
its exporter of CORE produced using
non-Chinese-origin HRS or CRS
substrate.
Notification Regarding Administrative
Protective Orders
This notice will serve as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction or APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
These determinations are issued and
published in accordance with section
781(b) of the Act and 19 CFR 351.225(f).
Dated: May 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
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Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Anti-Circumvention
Inquiries
V. Changes Since the Preliminary
Determination
VI. Statutory Framework
VII. Statutory Analysis
VIII. Discussion of the Issues
Comment 1: Section 781(B) AntiCircumvention Inquiry When Commerce Has
Made Previous Substantial Transformation
Findings
Comment 2: The Scopes of the Orders Do
Not Cover Merchandise Further Processed in
a Third Country
Comment 3: A Country-Wide
Determination Is Not Justified
Comment 4: Certification Requirements
Comment 5: Statutory Criteria
Benchmarked to HRS or CRS Production in
China
Comment 6: Assembly or Completion in
Vietnam and Value of Processing Performed
in Vietnam (Including Use of SV
Methodology)
Comment 7: ‘‘Pattern of Trade and
Sourcing’’ and ‘‘Increased Imports’’ Findings
Comment 8: Energy
Comment 9: Unit Values for Hot-Rolled
and Cold-Rolled Steel Inputs
Comment 10: TDA’s Labor
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17:33 May 22, 2018
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Comment 11: TDA’s Byproducts
Comment 12: Affiliation With Suppliers
IX. Recommendation
Appendix II
Certification Requirements
If an importer imports certain corrosionresistant steel products (CORE) from the
Socialist Republic of Vietnam (Vietnam) and
claims that the CORE was not produced
using hot-rolled or cold-rolled steel substrate
(substrate) manufactured in the People’s
Republic of China (China), the importer is
required to complete and maintain the
importer certification attached as Appendix
III. The importer is further required to
maintain a copy of the exporter certification,
discussed below. The importer certification
must be completed, signed, and dated at the
time of filing of the entry summary for the
relevant importation. Where the importer
uses a broker to facilitate the entry process,
it should obtain the entry number from the
broker. Agents of the importer, such as
brokers, however, are not permitted to make
this certification.
The exporter is required to complete and
maintain the exporter certification, attached
as Appendix IV, and is further required to
provide the importer a copy of that
certification. The exporter certification must
be completed, signed, and dated before or at
the time of shipment of the relevant entries.
The exporter certification should be
completed by the party selling the
merchandise manufactured in Vietnam to the
United States, which is not necessarily the
producer of the product.
The importer and third-country exporter
are also required to maintain sufficient
documentation (as indicated in the
certifications) supporting their certifications.
The importer will not be required to
submit the certifications or supporting
documentation to U.S. Customs and Border
Protection (CBP) as part of the entry process.
However, the importer and the exporter will
be required to present the certifications and
supporting documentation, to the U.S.
Department of Commerce (Commerce) and/or
CBP, as applicable, upon request by the
respective agency. Additionally, the claims
made in the certifications and any supporting
documentation are subject to verification by
Commerce and/or CBP. The importer and
exporter are required to maintain the
certifications and supporting documentation
for the later of (1) a period of five years from
the date of entry or (2) a period of three years
after the conclusion of any litigation in
United States courts regarding such entries.
If it is determined that the certification and/
or documentation requirements in a
certification have not been met, Commerce
intends to instruct CBP to suspend, under the
China CORE orders A–570–026 and C–570–
027, all unliquidated entries for which these
requirements were not met and require the
importer to post applicable antidumping
duty (AD) and/or countervailing duty (CVD)
cash deposits equal to the rates as
determined by Commerce. Entries suspended
under A–570–026 and C–570–027 will be
liquidated pursuant to applicable
administrative reviews of the China orders or
through the automatic liquidation process.
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23897
For CORE produced in Vietnam using
Chinese hot-rolled or cold-rolled substrate,
Commerce has established the following
third-country case numbers in the Automated
Commercial Environment (ACE): A–552–994
and C–552–995.
For entries suspended pursuant to the
Preliminary Determination of these anticircumvention inquiries that were (1)
shipped and/or (2) entered, or withdrawn
from warehouse, for consumption during the
period November 4, 2016, through December
10, 2017, the day preceding publication of
the preliminary determination in the Federal
Register, which are claimed to be produced
using non-Chinese HRS or CRS substrate,
Commerce permitted importer and exporter
certifications to be completed for a limited
period following the Preliminary
Determination.5 Specifically, Commerce
required completion of the importer and
exporter certifications within 45 days of
publication of the Preliminary Determination
Federal Register notice. Likewise, for such
merchandise, the exporter was required to
provide the importer a copy of the exporter
certification within 45 days of the
Preliminary Determination publication.
For unliquidated entries (and entries for
which liquidation has not become final) of
merchandise entered as type 01 entries that
were (1) shipped and/or (2) entered, or
withdrawn from warehouse, for consumption
during the period November 4, 2016, through
December 10, 2017, the day preceding
publication of the preliminary determination
in the Federal Register, produced from
Chinese substrate, importers should file a
Post Summary Correction with CBP, in
accordance with CBP’s regulations, regarding
possible conversion of such entries from type
1 to type 3 entries and report those type 3
entries using the third-country case numbers
A–552–994 and C–552–995. Accordingly, the
importer also should pay cash deposits on
those entries consistent with the regulations
governing post summary corrections that
require payment of additional duties.
For merchandise (1) shipped and/or (2)
entered, or withdrawn from warehouse, for
consumption during the period November 4,
2016, through December 10, 2017, the day
preceding publication of the preliminary
determination in the Federal Register, for
which certifications are required, importers
and exporters each had the option to
complete a blanket certification covering
multiple entries, individual certifications for
each entry, or a combination thereof.6 The
importer certifications, and copies of the
exporter certifications, should be maintained
by the importer and provided to CBP or
Commerce upon request by the respective
agency.
Appendix III
Importer Certification
I hereby certify that:
5 See Commerce Memorandum, ‘‘Clarification of
Certification Requirements Pursuant to Preliminary
Affirmative Anti-circumvention Rulings and
Extension of 30-Day Deadline for Pre-Preliminary
Determination Shipments,’’ dated January 9, 2018,
at 2–3.
6 Id.
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• My name is {INSERT COMPANY
OFFICIAL’S NAME} and I am an official of
{IMPORTING COMPANY};
• This certification pertains to {INSERT
ENTRY NUMBER(S), ENTRY LINE
NUMBER(S), AND PRODUCT CODE(S)
REFERENCED ON ENTRY SUMMARY};
• I have direct personal knowledge of the
facts regarding the importation into the
Customs territory of the United States of the
corrosion-resistant steel products produced
in the Socialist Republic of Vietnam
(Vietnam) that entered under entry number(s)
{INSERT ENTRY NUMBER(S)} and are
covered by this certification. ‘‘Direct personal
knowledge’’ for purposes of this certification
refers to facts in records maintained by the
importing company in the normal course of
its business. The importer should have
‘‘direct personal knowledge’’ of the
importation of the product (e.g., the name of
the exporter) in its records;
• I have personal knowledge of the facts
regarding the production of the imported
products covered by this certification.
‘‘Personal knowledge’’ for purposes of this
certification includes facts obtained from
another party (e.g., correspondence received
by the importer (or exporter) from the
producer regarding the source of the
substrate used to produce the imported
products);
• The corrosion-resistant steel products
produced in Vietnam that are covered by this
certification do not contain hot-rolled or
cold-rolled steel substrate produced in the
People’s Republic of China;
• I understand that {INSERT IMPORTING
COMPANY NAME} 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, mill
certificates, productions records, invoices,
etc.) for the later of (1) a period of five years
from the date of entry or (2) a period of three
years after the conclusion of any litigation in
the United States courts regarding such
entries;
• I understand that {INSERT IMPORTING
COMPANY NAME} is required to provide
this certification and supporting records,
upon request, to U.S. Customs and Border
Protection (CBP) and/or the Department of
Commerce (Commerce);
• I understand that {INSERT IMPORTING
COMPANY NAME} is required to maintain
a copy of the Exporter’s Certification for the
later of (1) a period of five years from the date
of entry or (2) a period of three years after
the conclusion of any litigation in United
States courts regarding such entries;
• I understand that {INSERT IMPORTING
COMPANY NAME} is required to maintain
and provide a copy of the Exporter’s
Certification and supporting records, upon
request, to CBP and/or the Department;
• I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce;
• I understand that failure to maintain the
required certification and/or failure to
substantiate the claims made herein will
result in:
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Æ Suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met, and
Æ the requirement that the importer post
applicable antidumping duty (AD) and/or
countervailing duty (CVD) cash deposits (as
appropriate) equal to the rates determined by
Commerce;
• I understand that agents of the importer,
such as brokers, are not permitted to make
this certification;
• This certification was completed at the
time of filing the entry summary for the
relevant importation;
• 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
lllllllllllllllllllll
NAME OF COMPANY OFFICIAL
lllllllllllllllllllll
TITLE
lllllllllllllllllllll
DATE
Appendix IV
Exporter Certification
I hereby certify that:
• My name is {INSERT COMPANY
OFFICIAL’S NAME HERE} and I am an
official of {INSERT NAME OF EXPORTING
COMPANY};
• This certification pertains to {INSERT
INVOICE NUMBER(S) TO U.S. CUSTOMERS
AND PRODUCT CODE(S) REFERENCED ON
INVOICE};
• I have direct personal knowledge of the
facts regarding the production and
exportation of the corrosion-resistant steel
products from the Socialist Republic of
Vietnam (Vietnam) that shipped pursuant to
{INSERT INVOICE NUMBER(S) TO U.S.
CUSTOMERS} and are covered by this
certification. ‘‘Direct personal knowledge’’
for purposes of this certification refers to
facts in records maintained by the exporting
company in the normal course of its
business. For example, an exporter should
have ‘‘direct personal knowledge’’ of the
producer’s identity and location.
• The corrosion-resistant steel products
produced in Vietnam that are covered by this
certification do not contain hot-rolled or
cold-rolled steel substrate produced in the
People’s Republic of China.
• I understand that {INSERT NAME OF
EXPORTING COMPANY} 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,
mill certificates, productions records,
invoices, etc.) for the later of (1) a period of
five years from the date of entry or (2) a
period of three years after the conclusion of
any litigation in the United States courts
regarding such entries;
• I understand that {INSERT NAME OF
EXPORTING COMPANY} must provide this
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Fmt 4703
Sfmt 4703
Exporter Certification to the U.S. importer
before or at the time of shipment;
• I understand that {INSERT NAME OF
EXPORTING COMPANY} is required to
provide a copy of this certification and
supporting records, upon request, to U.S.
Customs and Border Protection (CBP) and/or
the Department of Commerce (Commerce);
• I understand that the claims made
herein, and the substantiating documentation
are subject to verification by CBP and/or the
Commerce;
• I understand that failure to maintain the
required certification and/or failure to
substantiate the claims made herein will
result in:
Æ Suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met, and
Æ the requirement that the importer post
applicable antidumping duty (AD) and/or
countervailing duty (CVD) cash deposits (as
appropriate) equal to the rates as determined
by the Department;
• This certification was completed before
or at the time of shipment of the relevant
entries;
• 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
lllllllllllllllllllll
NAME OF COMPANY OFFICIAL
lllllllllllllllllllll
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DATE
[FR Doc. 2018–11028 Filed 5–22–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice of 30-day Public Comment
Period on an Addendum to the
Portland Harbor Damage Assessment
Plan
National Ocean Service,
National Oceanic and Atmospheric
Administration, U.S. Department of
Commerce.
ACTION: Notice of Public Comment
Period.
AGENCY:
On June 1, 2010 NOAA and
its co-members of the Portland Harbor
Trustee Council (Trustee Council)
published the ‘‘Portland Harbor
Superfund Site Natural Resource
Damage Assessment Plan’’, which set
forward the Trustee Council’s approach
for assessing natural resource damages
at the Portland Harbor Superfund Site in
cooperation with potentially responsible
parties in order to resolve natural
SUMMARY:
E:\FR\FM\23MYN1.SGM
23MYN1
]]>Agencies
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23895-23898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11028]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-026, C-570-027]
Certain Corrosion-Resistant Steel Products From the People's
Republic of China: Affirmative Final Determination of Circumvention of
the Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of certain corrosion-resistant steel products (CORE), produced in the
Socialist Republic of Vietnam (Vietnam) using carbon hot-rolled steel
(HRS) or cold-rolled steel (CRS) flat products manufactured in the
People's Republic of China (China), are circumventing the antidumping
duty (AD) and countervailing duty (CVD) orders on CORE from China.
DATES: Applicable May 23, 2018.
FOR FURTHER INFORMATION CONTACT: Nancy Decker or 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) 482-0196 or (202) 482-3148,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2017, Commerce published the Preliminary
Determination \1\ of circumvention of the CORE Orders.\2\ A summary of
the events that occurred since Commerce published the Preliminary
Determination, as well as a full discussion of the issues raised by
parties for this final determination, may be found in the Issues and
Decision
[[Page 23896]]
Memorandum.\3\ 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 https://access.trade.gov, and it is available to all parties in the Central
Records Unit, room B8024 of the main Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
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\1\ See Certain Corrosion-Resistant Steel Products from the
People's Republic of China: Affirmative Preliminary Determination of
Anti-Circumvention Inquiries on the Antidumping Duty and
Countervailing Duty Orders, 82 FR 58170 (December 11, 2017)
(Preliminary Determination) and accompanying Preliminary Decision
Memorandum.
\2\ See Certain Corrosion-Resistant Steel Flat Products from
India, Italy, the People's Republic of China, the Republic of Korea,
and Taiwan: Amended Final Affirmative Antidumping Duty Determination
for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July
25, 2016), and Certain Corrosion-Resistant Steel Products from
India, Italy, Republic of Korea, and the People's Republic of China:
Countervailing Duty Order, 81 FR 48387 (July 25, 2016)
(collectively, CORE Orders).
\3\ See Memorandum, ``Issues and Decision Memorandum for Anti-
Circumvention Inquiries on the Antidumping Duty and Countervailing
Duty Orders on Certain Corrosion-Resistant Steel Products from the
People's Republic of China,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Orders
The products covered by these orders are certain flat-rolled steel
products, either clad, plated, or coated with corrosion-resistant
metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-
based alloys, whether or not corrugated or painted, varnished,
laminated, or coated with plastics or other non-metallic substances in
addition to the metallic coating. For a complete description of the
scope of the orders, see the Issues and Decision Memorandum.
Scope of the Anti-Circumvention Inquiries
These anti-circumvention inquiries cover CORE produced in Vietnam
using HRS or CRS substrate manufactured in China and subsequently
exported from Vietnam to the United States (inquiry merchandise). These
rulings apply to all shipments of inquiry merchandise on or after the
date of the initiation of these inquiries. Importers and exporters of
CORE produced in Vietnam using (1) HRS manufactured in Vietnam or third
countries, (2) CRS manufactured in Vietnam using HRS produced in
Vietnam or third countries, or (3) CRS manufactured in third countries,
must certify that the HRS or CRS processed into CORE in Vietnam did not
originate in China, as provided for in the certifications attached to
this Federal Register notice. Otherwise, their merchandise may be
subject to antidumping and countervailing duties.
Methodology
Commerce is conducting these anti-circumvention inquiries in
accordance with section 781(b) of the Tariff Act of 1930, as amended
(the Act). Because Vietnam and China \4\ are non-market economy
countries, within the meaning of section 771(18) of the Act, Commerce
calculated the value of certain processing and merchandise using
factors of production and market economy values, as discussed in
section 773(c) of the Act. Because Vietnam and China are non-market
economy countries, within the meaning of section 771(18) of the Act, in
the Preliminary Determination Commerce calculated the value of certain
processing and merchandise using factors of production and market
economy values, as discussed in section 773(c) of the Act. See
Preliminary Decision Memorandum for a full description of the
methodology. We have continued to apply this methodology for our final
determination. For further information, see Comment 6 of the Issues and
Decision Memorandum.
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\4\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing
Memorandum to Gary Taverman, ``China's Status as a Non-Market
Economy,'' dated October 26, 2017), unchanged in Certain Aluminum
Foil from the People's Republic of China: Final Determination of
Sales at Less Than Fair Value, 83 FR 9282 (March 5, 2018); see also
Certain Oil Country Tubular Goods from the Socialist Republic of
Vietnam: Preliminary Results of Antidumping Duty Administrative
Review, 81 FR 24797 (October 14, 2016) (unchanged in Certain Oil
Country Tubular Goods from the Socialist Republic of Vietnam: Final
Results of Antidumping Duty Administrative Review; 2014-2015, 82 FR
18611 (April 20, 2017)).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
these inquiries are addressed in the Issues and Decision Memorandum. A
list of the issues raised is attached to this notice as Appendix I.
Based on our analysis of the comments received and our findings at
verification, we made certain changes to our value of processing
calculation since the Preliminary Determination. These changes are
discussed in the Issues and Decision Memorandum.
Final Affirmative Determination of Circumvention
We determine that CORE produced in Vietnam from HRS or CRS
substrate manufactured in China is circumventing the CORE Orders. We,
therefore, find it appropriate to determine that this merchandise falls
within the CORE Orders and to instruct U.S. Customs and Border
Protection (CBP) to continue to suspend liquidation of any entries of
CORE from Vietnam produced using HRS or CRS substrate manufactured in
China.
Continuation of Suspension of Liquidation
As stated above, Commerce has made an affirmative determination of
circumvention of the CORE Orders by exports to the United States of
CORE produced in Vietnam using Chinese-origin HRS or CRS substrate.
This circumvention finding applies to CORE produced by any Vietnamese
company using Chinese-origin HRS or CRS substrate. In accordance with
19 CFR 351.225(l)(3), Commerce will direct CBP to continue to suspend
liquidation and to require a cash deposit of estimated duties on
unliquidated entries of CORE produced in Vietnam using Chinese-origin
HRS or CRS substrate that were entered, or withdrawn from warehouse,
for consumption on or after November 4, 2016, the date of initiation of
these anti-circumvention inquiries.
The suspension of liquidation instructions will remain in effect
until further notice. Commerce will instruct CBP to require AD cash
deposits equal to the rate established for the China-wide entity
(199.43 percent) and CVD cash deposits equal to the rate established
for the China all-others rate (39.05 percent). In the underlying AD and
CVD investigations, Commerce relied on the rates calculated for the
sole cooperative respondent in each investigation to determine the
China-wide rate of 199.43 percent in the AD investigation and the all-
others rate of 39.05 percent in the CVD investigation. The rates are
thus based on the cost and sales data and subsidy benefits of Chinese
producers.
CORE produced in Vietnam using HRS or CRS substrate that is not of
Chinese-origin is not subject to these inquiries. Therefore, cash
deposits are not required for such merchandise. If an importer imports
CORE from Vietnam and it claims that the CORE was not produced using
HRS or CRS substrate manufactured in China, in order not to be subject
to cash deposit requirements, the importer and exporter are required to
meet the certification and documentation requirements described in
Appendix II. Exporters of CORE produced in Vietnam using non-Chinese-
origin HRS or CRS substrate must prepare and maintain an Exporter
Certification and documentation supporting the Exporter Certification
(see Appendix IV). In addition, importers of such CORE must prepare and
maintain an Importer Certification (see Appendix III) as well as
documentation supporting the Importer Certification. Besides the
Importer
[[Page 23897]]
Certification, the importer must also maintain a copy of an Exporter
Certification (see Appendix IV) and relevant supporting documentation
from its exporter of CORE produced using non-Chinese-origin HRS or CRS
substrate.
Notification Regarding Administrative Protective Orders
This notice will serve as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction or APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
These determinations are issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.225(f).
Dated: May 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Anti-Circumvention Inquiries
V. Changes Since the Preliminary Determination
VI. Statutory Framework
VII. Statutory Analysis
VIII. Discussion of the Issues
Comment 1: Section 781(B) Anti-Circumvention Inquiry When
Commerce Has Made Previous Substantial Transformation Findings
Comment 2: The Scopes of the Orders Do Not Cover Merchandise
Further Processed in a Third Country
Comment 3: A Country-Wide Determination Is Not Justified
Comment 4: Certification Requirements
Comment 5: Statutory Criteria Benchmarked to HRS or CRS
Production in China
Comment 6: Assembly or Completion in Vietnam and Value of
Processing Performed in Vietnam (Including Use of SV Methodology)
Comment 7: ``Pattern of Trade and Sourcing'' and ``Increased
Imports'' Findings
Comment 8: Energy
Comment 9: Unit Values for Hot-Rolled and Cold-Rolled Steel
Inputs
Comment 10: TDA's Labor
Comment 11: TDA's Byproducts
Comment 12: Affiliation With Suppliers
IX. Recommendation
Appendix II
Certification Requirements
If an importer imports certain corrosion-resistant steel
products (CORE) from the Socialist Republic of Vietnam (Vietnam) and
claims that the CORE was not produced using hot-rolled or cold-
rolled steel substrate (substrate) manufactured in the People's
Republic of China (China), the importer is required to complete and
maintain the importer certification attached as Appendix III. The
importer is further required to maintain a copy of the exporter
certification, discussed below. The importer certification must be
completed, signed, and dated at the time of filing of the entry
summary for the relevant importation. Where the importer uses a
broker to facilitate the entry process, it should obtain the entry
number from the broker. Agents of the importer, such as brokers,
however, are not permitted to make this certification.
The exporter is required to complete and maintain the exporter
certification, attached as Appendix IV, and is further required to
provide the importer a copy of that certification. The exporter
certification must be completed, signed, and dated before or at the
time of shipment of the relevant entries. The exporter certification
should be completed by the party selling the merchandise
manufactured in Vietnam to the United States, which is not
necessarily the producer of the product.
The importer and third-country exporter are also required to
maintain sufficient documentation (as indicated in the
certifications) supporting their certifications.
The importer will not be required to submit the certifications
or supporting documentation to U.S. Customs and Border Protection
(CBP) as part of the entry process. However, the importer and the
exporter will be required to present the certifications and
supporting documentation, to the U.S. Department of Commerce
(Commerce) and/or CBP, as applicable, upon request by the respective
agency. Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce
and/or CBP. The importer and exporter are required to maintain the
certifications and supporting documentation for the later of (1) a
period of five years from the date of entry or (2) a period of three
years after the conclusion of any litigation in United States courts
regarding such entries. If it is determined that the certification
and/or documentation requirements in a certification have not been
met, Commerce intends to instruct CBP to suspend, under the China
CORE orders A-570-026 and C-570-027, all unliquidated entries for
which these requirements were not met and require the importer to
post applicable antidumping duty (AD) and/or countervailing duty
(CVD) cash deposits equal to the rates as determined by Commerce.
Entries suspended under A-570-026 and C-570-027 will be liquidated
pursuant to applicable administrative reviews of the China orders or
through the automatic liquidation process.
For CORE produced in Vietnam using Chinese hot-rolled or cold-
rolled substrate, Commerce has established the following third-
country case numbers in the Automated Commercial Environment (ACE):
A-552-994 and C-552-995.
For entries suspended pursuant to the Preliminary Determination
of these anti-circumvention inquiries that were (1) shipped and/or
(2) entered, or withdrawn from warehouse, for consumption during the
period November 4, 2016, through December 10, 2017, the day
preceding publication of the preliminary determination in the
Federal Register, which are claimed to be produced using non-Chinese
HRS or CRS substrate, Commerce permitted importer and exporter
certifications to be completed for a limited period following the
Preliminary Determination.\5\ Specifically, Commerce required
completion of the importer and exporter certifications within 45
days of publication of the Preliminary Determination Federal
Register notice. Likewise, for such merchandise, the exporter was
required to provide the importer a copy of the exporter
certification within 45 days of the Preliminary Determination
publication.
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\5\ See Commerce Memorandum, ``Clarification of Certification
Requirements Pursuant to Preliminary Affirmative Anti-circumvention
Rulings and Extension of 30-Day Deadline for Pre-Preliminary
Determination Shipments,'' dated January 9, 2018, at 2-3.
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For unliquidated entries (and entries for which liquidation has
not become final) of merchandise entered as type 01 entries that
were (1) shipped and/or (2) entered, or withdrawn from warehouse,
for consumption during the period November 4, 2016, through December
10, 2017, the day preceding publication of the preliminary
determination in the Federal Register, produced from Chinese
substrate, importers should file a Post Summary Correction with CBP,
in accordance with CBP's regulations, regarding possible conversion
of such entries from type 1 to type 3 entries and report those type
3 entries using the third-country case numbers A-552-994 and C-552-
995. Accordingly, the importer also should pay cash deposits on
those entries consistent with the regulations governing post summary
corrections that require payment of additional duties.
For merchandise (1) shipped and/or (2) entered, or withdrawn
from warehouse, for consumption during the period November 4, 2016,
through December 10, 2017, the day preceding publication of the
preliminary determination in the Federal Register, for which
certifications are required, importers and exporters each had the
option to complete a blanket certification covering multiple
entries, individual certifications for each entry, or a combination
thereof.\6\ The importer certifications, and copies of the exporter
certifications, should be maintained by the importer and provided to
CBP or Commerce upon request by the respective agency.
\6\ Id.
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Appendix III
Importer Certification
I hereby certify that:
[[Page 23898]]
My name is {INSERT COMPANY OFFICIAL'S NAME{time} and I
am an official of {IMPORTING COMPANY{time} ;
This certification pertains to {INSERT ENTRY NUMBER(S),
ENTRY LINE NUMBER(S), AND PRODUCT CODE(S) REFERENCED ON ENTRY
SUMMARY{time} ;
I have direct personal knowledge of the facts regarding
the importation into the Customs territory of the United States of
the corrosion-resistant steel products produced in the Socialist
Republic of Vietnam (Vietnam) that entered under entry number(s)
{INSERT ENTRY NUMBER(S){time} and are covered by this
certification. ``Direct personal knowledge'' for purposes of this
certification refers to facts in records maintained by the importing
company in the normal course of its business. The importer should
have ``direct personal knowledge'' of the importation of the product
(e.g., the name of the exporter) in its records;
I have personal knowledge of the facts regarding the
production of the imported products covered by this certification.
``Personal knowledge'' for purposes of this certification includes
facts obtained from another party (e.g., correspondence received by
the importer (or exporter) from the producer regarding the source of
the substrate used to produce the imported products);
The corrosion-resistant steel products produced in
Vietnam that are covered by this certification do not contain hot-
rolled or cold-rolled steel substrate produced in the People's
Republic of China;
I understand that {INSERT IMPORTING COMPANY NAME{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, mill certificates, productions
records, invoices, etc.) for the later of (1) a period of five years
from the date of entry or (2) a period of three years after the
conclusion of any litigation in the United States courts regarding
such entries;
I understand that {INSERT IMPORTING COMPANY NAME{time}
is required to provide this certification and supporting records,
upon request, to U.S. Customs and Border Protection (CBP) and/or the
Department of Commerce (Commerce);
I understand that {INSERT IMPORTING COMPANY NAME{time}
is required to maintain a copy of the Exporter's Certification for
the later of (1) a period of five years from the date of entry or
(2) a period of three years after the conclusion of any litigation
in United States courts regarding such entries;
I understand that {INSERT IMPORTING COMPANY NAME{time}
is required to maintain and provide a copy of the Exporter's
Certification and supporting records, upon request, to CBP and/or
the Department;
I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein
will result in:
[cir] Suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met, and
[cir] the requirement that the importer post applicable
antidumping duty (AD) and/or countervailing duty (CVD) cash deposits
(as appropriate) equal to the rates determined by Commerce;
I understand that agents of the importer, such as
brokers, are not permitted to make this certification;
This certification was completed at the time of filing
the entry summary for the relevant importation;
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
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NAME OF COMPANY OFFICIAL
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TITLE
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DATE
Appendix IV
Exporter Certification
I hereby certify that:
My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time}
and I am an official of {INSERT NAME OF EXPORTING COMPANY{time} ;
This certification pertains to {INSERT INVOICE
NUMBER(S) TO U.S. CUSTOMERS AND PRODUCT CODE(S) REFERENCED ON
INVOICE{time} ;
I have direct personal knowledge of the facts regarding
the production and exportation of the corrosion-resistant steel
products from the Socialist Republic of Vietnam (Vietnam) that
shipped pursuant to {INSERT INVOICE NUMBER(S) TO U.S.
CUSTOMERS{time} and are covered by this certification. ``Direct
personal knowledge'' for purposes of this certification refers to
facts in records maintained by the exporting company in the normal
course of its business. For example, an exporter should have
``direct personal knowledge'' of the producer's identity and
location.
The corrosion-resistant steel products produced in
Vietnam that are covered by this certification do not contain hot-
rolled or cold-rolled steel substrate produced in the People's
Republic of China.
I understand that {INSERT NAME OF EXPORTING
COMPANY{time} is required to maintain a copy of this certification
and sufficient documentation supporting this certification (i.e.,
documents maintained in the normal course of business, or documents
obtained by the certifying party, for example, mill certificates,
productions records, invoices, etc.) for the later of (1) a period
of five years from the date of entry or (2) a period of three years
after the conclusion of any litigation in the United States courts
regarding such entries;
I understand that {INSERT NAME OF EXPORTING
COMPANY{time} must provide this Exporter Certification to the U.S.
importer before or at the time of shipment;
I understand that {INSERT NAME OF EXPORTING
COMPANY{time} is required to provide a copy of this certification
and supporting records, upon request, to U.S. Customs and Border
Protection (CBP) and/or the Department of Commerce (Commerce);
I understand that the claims made herein, and the
substantiating documentation are subject to verification by CBP and/
or the Commerce;
I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein
will result in:
[cir] Suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met, and
[cir] the requirement that the importer post applicable
antidumping duty (AD) and/or countervailing duty (CVD) cash deposits
(as appropriate) equal to the rates as determined by the Department;
This certification was completed before or at the time
of shipment of the relevant entries;
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
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NAME OF COMPANY OFFICIAL
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TITLE
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DATE
[FR Doc. 2018-11028 Filed 5-22-18; 8:45 am]
BILLING CODE 3510-DS-P
