Carbon Steel Butt-Weld Pipe Fittings From the People's Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty Order, 29164-29168 [2019-13252]

Download as PDF 29164 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices jspears on DSK30JT082PROD with NOTICES weight). Steel propane cylinders have two or fewer ports and may be imported assembled or unassembled (i.e., welded or brazed before or after importation), with or without all components (including collars, valves, gauges, tanks, foot rings, and overfill prevention devices), and coated or uncoated. Also included within the scope are drawn cylinder halves, unfinished propane cylinders, collars, and foot rings for steel propane cylinders. An ‘‘unfinished’’ or ‘‘unassembled’’ propane cylinder includes drawn cylinder halves that have not been welded into a cylinder, cylinders that have not had flanges welded into the port hole(s), cylinders that are otherwise complete but have not had collars or foot rings welded to them, otherwise complete cylinders without a valve assembly attached, and cylinders that are otherwise complete except for testing, certification, and/or marking. This investigation also covers steel propane cylinders that meet, are produced to meet, or are certified as meeting, other U.S. or Canadian government, international, or industry standards (including, for example, American Society of Mechanical Engineers (ASME), or American National Standard Institute (ANSI)), if they also meet, are produced to meet, or are certified as meeting USDOT Specification 4B, 4BA, or 4BW, or Transport Canada Specification 4BM, 4BAM, or 4BWM, or a United Nations pressure receptacle standard ISO 4706. Subject merchandise also includes steel propane cylinders that have been further processed in a third country, including but not limited to, attachment of collars, foot rings, or handles by welding or brazing, heat treatment, painting, testing, certification, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the in-scope steel propane cylinders. Specifically excluded are seamless steel propane cylinders and propane cylinders made from stainless steel (i.e., steel containing at least 10.5 percent chromium by weight and less than 1.2 percent carbon by weight), aluminum, or composite fiber material. Composite fiber material is material consisting of the mechanical combination of two components: Fiber (typically glass, carbon, or aramid (synthetic polymer)) and a matrix material (typically polymer resin, ceramic, or metallic). The merchandise subject to this investigation is properly classified under statistical reporting numbers 7311.00.0060 and 7311.00.0090 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination VerDate Sep<11>2014 18:30 Jun 20, 2019 Jkt 247001 V. Discussion of the Issues Comment 1: Selection of Financial Statements to Value the Financial Ratios Comment 2: Subsidy Rate Calculated for the Export Buyer’s Credit Program Comment 3: Surrogate Value Selections for Huanri and GSBF A. Natural Gas for Huanri B. Rubber Plug for GSBF C. Teflon Tape for GSBF D. Valve for GSBF E. Steel Roll for GSBF F. Steel Scrap for GSBF Comment 4: Ministerial Errors and Other Issues A. Errors in the Determination of the Surrogate Financial Ratios B. Argon Conversion for Huanri and GSBF C. Oxygen Gas Conversion for GSBF D. Natural Gas Conversion for Huanri E. Calculation of Market Economy Purchase for Overflow Protection Devices (OPDs) for Huanri F. Misclassified Paint Variable in GSBF’s Margin Calculation Program G. Errors Identified in Huanri’s Verification Report VI. Recommendation [FR Doc. 2019–13250 Filed 6–20–19; 8:45 am] BILLING CODE 3510–DS–P Background On July 25, 2018, Commerce published the Preliminary Determination of circumvention of the Order.1 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 Memorandum.2 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 http://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 http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. DEPARTMENT OF COMMERCE Scope of the Order International Trade Administration The products covered by the Order are carbon steel butt-weld pipe fittings. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. [A–570–814] Carbon Steel Butt-Weld Pipe Fittings From the People’s Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that carbon steel butt-weld pipe fittings (butt-weld pipe fittings) exported from Malaysia, which were completed in Malaysia using finished or unfinished butt-weld pipe fittings sourced from the People’s Republic of China (China), are circumventing the antidumping duty (AD) order on butt-weld pipe fittings from China. Commerce has also updated the language in the certification requirements and importer and exporter certifications that are appended to this notice. DATES: Applicable June 21, 2019. FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4047. SUPPLEMENTARY INFORMATION: AGENCY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Scope of the Anti-Circumvention Inquiry This anti-circumvention inquiry covers butt-weld pipe fittings exported from Malaysia to the United States, which were completed (i.e., have undergone minor finishing processes, or were simply marked with ‘‘Malaysia’’ as the country of origin) in Malaysia using finished or unfinished butt-weld pipe fittings sourced from China (inquiry merchandise). This final ruling applies to all shipments of inquiry merchandise on or after the date of the initiation of this inquiry. 1 See Carbon Steel Butt-Weld Pipe Fittings From the People’s Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order, 83 FR 35205 (July 25, 2018) (Preliminary Determination) and accompanying Preliminary Decision Memorandum; see also Antidumping Duty Order and Amendment to the Final Determination of Sales at Less Than Fair Value; Certain Carbon Steel Butt-Weld Pipe Fittings from the People’s Republic of China, 57 FR 29702 (July 6, 1992) (Order). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Anti-Circumvention Inquiry of the Antidumping Duty Order on Certain Carbon Steel Butt-Weld Pipe Fittings from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\21JNN1.SGM 21JNN1 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices Methodology Commerce is conducting this anticircumvention inquiry in accordance with section 781(b) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying the Commerce’s final determination, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this inquiry 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 results of Commerce’s verification of questionnaire responses and the comments received, we made certain changes to the Preliminary Determination. jspears on DSK30JT082PROD with NOTICES Final Affirmative Determination of Circumvention As detailed in the Issues and Decision Memorandum, we determine that buttweld pipe fittings exported from Malaysia, which were completed in Malaysia using finished or unfinished butt-weld pipe fittings from China, or were simply marked with ‘‘Malaysia’’ as the country of origin, are circumventing the Order. As such, we determine that it is appropriate to include this merchandise within the Order and to instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation and require cash deposits for any unliquidated entries of butt-weld pipe fittings from Malaysia, which were completed in Malaysia using finished or unfinished butt-weld pipe fittings from China, or were simply marked with ‘‘Malaysia’’ as the country of origin, as discussed below. Continuation of Suspension of Liquidation 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 inquiry merchandise that were entered, or withdrawn from warehouse, for consumption on or after August 21, 2017, the date of initiation of the anticircumvention inquiry. The suspension of liquidation and cash deposit instructions will remain in effect until further notice. Commerce will instruct CBP to require AD cash deposits equal to the China-wide rate of 182.90 percent, unless the importer/ exporter can demonstrate that the Chinese-origin finished or unfinished butt-weld pipe fittings completed in Malaysia were supplied by a Chinese VerDate Sep<11>2014 18:30 Jun 20, 2019 Jkt 247001 manufacturer with a company-specific separate rate. In that instance, the cash deposit rate will be the rate of the Chinese butt-weld pipe fittings manufacturer that has its own rate.3 Butt-weld pipe fittings completed in Malaysia from finished and unfinished butt-weld pipe fittings that are not of Chinese-origin are not subject to this inquiry and are not included within the scope of the Order as a result of this final affirmative determination. Therefore, the suspension of liquidation and cash deposit requirements do not apply to such merchandise, subject to the following certification requirements. An importer of butt-weld pipe fittings from Malaysia claiming that its buttweld pipe fittings were completed from finished and/or unfinished non-Chinese butt-weld pipe fittings must meet the certification and documentation requirements described in Appendices II, III, and IV. Commerce will instruct CBP to suspend liquidation and require cash deposits for entries where the importer/exporter cannot demonstrate that the imported merchandise was completed from non-Chinese origin finished or unfinished butt-weld pipe fittings. The AD cash deposits required on such entries will be equal to the China-wide rate of 182.90 percent, unless the importer/exporter can demonstrate that the Chinese-origin finished or unfinished butt-weld pipe fittings completed in Malaysia were supplied by a Chinese manufacturer with a company-specific separate rate. In that instance, the cash deposit rate will be the rate of the Chinese butt-weld pipe fittings manufacturer that has its own rate. We determine that the following companies are not eligible for the certification process: Able Steel Pipes Sdn. Bhd, Alliance Fittings Industry Sdn Bhd, Anggerik Laksana Sdn. Bhd, Globefit Manufacturing Sdn Bhd, Hiap Teck Venture Bhd., JAKS Steel Industries Sdn Bhd, Luda Malaysia, Ltd., Pipefab Industries Sdn. Bhd, Solidbend Fittings & Flanges Sdn. Bhd., Southern Steel Bhd, and Wing Tiek Ductile Iron Pipe Sdn Bhd. Accordingly, importers of butt-weld pipe fittings from Malaysia that are produced and/or exported by these ineligible companies are similarly ineligible for the 3 See, e.g., Glycine from the People’s Republic of China: Preliminary Partial Affirmative Determination of Circumvention of the Antidumping Duty Order and Initiation of Scope Inquiry, 77 FR 21532, 21535 (April 10, 2012), unchanged in Glycine from the People’s Republic of China: Final Partial Affirmative Determination of Circumvention of the Antidumping Duty Order, 77 FR 73426 (December 10, 2012). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 29165 certification process with regard to those imports. In the Preliminary Determination, Pantech Steel Industries Sdn. Bhd. (Pantech) and its importers were precluded from participating in the certification process. However, because Commerce has verified Pantech’s ability to trace the country of origin for its shipments of butt-weld pipe fittings, we will allow Pantech and its importers to participate in the certification process for unliquidated entries of butt-weld pipe fittings from Malaysia that were entered, or withdrawn from warehouse, for consumption on or after August 21, 2017 (the initiation date of this anticircumvention inquiry). For any unliquidated entries of butt-weld pipe fittings produced and/or exported by Pantech that were entered, or withdrawn from warehouse, for consumption on or after August 21, 2017, and through the day before the date of publication of this Federal Register notice, Commerce will instruct CBP to liquidate the entries without regard to AD duties if the importer provides both the importer and exporter certification and documentation requirements as described in Appendices II, III, and IV to CBP. An importer of butt-weld pipe fittings from Malaysia produced and/or exported by Pantech, which claims that its butt-weld pipe fittings were completed from finished and/or unfinished non-Chinese butt-weld pipe fittings, must meet the certification and documentation requirements described in Appendices II, III, and IV for such entries that were entered, or withdrawn from warehouse, for consumption on or after the date of publication of this Federal Register notice. 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). E:\FR\FM\21JNN1.SGM 21JNN1 29166 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices Dated: June 14, 2019. Jeffrey I. Kessler, 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 Order IV. Merchandise Subject to the Anticircumvention Inquiry V. Period of Inquiry VI. Changes Since the Preliminary Determination VII. Statutory Framework VIII. Use of Facts Available and Facts Available with Adverse Inference IX. Anti-Circumvention Determination X. Country-Wide Determination XI. Certification for Use of Non-ChineseOrigin Butt Weld Pipe Fittings XII. Discussion of the Issues Comment 1: Whether Commerce May Issue a Country-Wide Finding Comment 2: Whether Pantech Has Circumvented the Order Comment 3: Whether Pantech and Its Importers Should Be Allowed to Participate in the Certification Process Comment 4: Whether Solidbend Was Lawfully Subject to This AntiCircumvention Inquiry Comment 5: Whether Solidbend Has Circumvented the Order Comment 6: Whether Commerce’s Instructions to Suspend Liquidation and Require Cash Deposits Following the Preliminary Determination Were Lawful XIII. Recommendation Appendix II—Certification Requirements jspears on DSK30JT082PROD with NOTICES Section 1 provides general instructions for the certification process applicable to all eligible importers and exporters of carbon steel butt-weld pipe fittings (butt-weld pipe fittings) from Malaysia. Section 2 provides the certification timing requirements for eligible companies other than Pantech Steel Industries Sdn. Bhd. (Pantech) and the importers of butt-weld pipe fittings produced and/or exported by firms other than Pantech. Section 3 provides the certification timing requirements for Pantech and the importers of butt-weld pipe fittings produced and/or exported by Pantech. 1. General Instructions For all parties eligible for the certification process, the following requirements apply. If an importer imports butt-weld pipe fittings from Malaysia and claims that the butt-weld pipe fittings were completed in Malaysia using finished or unfinished butt-weld pipe fittings manufactured of non-Chinese origin, the importer is required to complete and maintain the importer certification, attached as Appendix III, and all supporting documentation. The importer is further required to maintain a copy of the exporter certification, discussed below and attached as Appendix IV, and all supporting documentation. The importer certification must be completed, signed, and dated within VerDate Sep<11>2014 18:30 Jun 20, 2019 Jkt 247001 the timeframes specified in Sections 2 or 3 below (as appropriate). 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 on behalf of the importer. 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 and all supporting documentation. The exporter certification must be completed, signed, dated, and provided to the importer within the timeframes specified in Sections 2 or 3 below (as appropriate). The exporter certification should be completed by the party selling the merchandise manufactured in Malaysia to the United States, which is not necessarily the producer of the product. 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 at this time. However, the importer and the exporter will be required to present the certifications and supporting documentation, to 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 antidumping duty (AD) order on butt-weld pipe fittings from the People’s Republic of China, A–570–814, all unliquidated entries for which these requirements were not met and require the importer to post applicable AD cash deposits equal to the rates as determined by Commerce. Commerce has established the following third-country case number in the Automated Commercial Environment (ACE): A–557–994 for such entries. Entries suspended under A–557–994 will be liquidated pursuant to applicable administrative reviews of the China AD order or through the automatic liquidation process. For unliquidated entries (and entries for which liquidation has not become final) entered as non-AD/CVD type entries that were shipped and/or entered, or withdrawn from warehouse, for consumption during the period, August 21, 2017 (the date of initiation of this anti-circumvention inquiry) through the day prior to the date of publication of the final determination of this anticircumvention inquiry in the Federal Register, for which certifications are required to be maintained in accordance with the instructions above, importers should file a Post Summary Correction with CBP, in accordance with CBP’s regulations, regarding conversion of such entries from nonantidumping entries (e.g., type 01) to antidumping entries (i.e., type 03, 06, 07, 34, PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 and 38) entries and report those entries using the third-country case number, A–557–994. Similarly, the importer should pay cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties. 2. Certification Timing Requirements for Companies Other Than Pantech and Its Importers A. For Entries on or after August 21, 2017 Through July 25, 2018 For entries suspended pursuant to the Preliminary Determination and continue to be suspended pursuant to the final determination of this anti-circumvention inquiry that were shipped and/or entered, or withdrawn from warehouse, for consumption on or after August 21, 2017 (the date of initiation of this anti-circumvention inquiry) through July 25, 2018 (the date of publication of the Preliminary Determination in the Federal Register), for which certifications are required, the importer certification should have been completed, and the exporter certification should have been completed and provided to the importer, no later than September 8, 2018 (45 days after the date of publication of the Preliminary Determination in the Federal Register). Accordingly, where appropriate, the relevant bullet in the certification should have been edited to reflect that the certification was completed within the time frame specified in the paragraph above. For example, the bullet in the importer certification that reads: ‘‘This certification was completed by the time of filing the Entry Summary,’’ could be edited as follows: ‘‘The shipments/products referenced herein entered before the 07/25/2018 publication of the Preliminary Determination Federal Register notice. This certification was completed on mm/dd/yyyy, within 45 days of that Federal Register notice publication.’’ Similarly, the bullet in the exporter certification that reads, ‘‘This certification was completed by the time of shipment,’’ could be edited as follows: ‘‘The shipments/ products referenced herein shipped before the 07/25/2018 publication of the Preliminary Determination Federal Register notice. This certification was completed on mm/dd/yyyy, within 45 days of that Federal Registernotice publication.’’ For such entries/shipments, importers and exporters each have the option to complete a blanket certification covering multiple entries/ shipments, individual certifications for each entry/shipment, or a combination thereof. B. For Entries on or After July 26, 2018 Through August 31, 2018 For entries suspended pursuant to the Preliminary Determination and continue to be suspended pursuant to the final determination of this anti-circumvention inquiry that were shipped and/or entered, or withdrawn from warehouse, for consumption on or after July 26, 2018 through August 31, 2018, for which certifications are required, the importer certification should have been completed within 45 days after the date of Entry Summary and the exporter certification should have been completed and provided to E:\FR\FM\21JNN1.SGM 21JNN1 jspears on DSK30JT082PROD with NOTICES Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices the importer within 45 days after the date of shipment. Accordingly, where appropriate, the relevant bullet in the certification should have been edited to reflect that the certification was completed within the time frame specified in the paragraph above. For example, the bullet in the importer certification that reads: ‘‘This certification was completed by the time of filing the Entry Summary,’’ could be edited as follows: ‘‘The shipments/products referenced herein entered during the period 07/26/2018 through 08/31/2018. This certification was completed on mm/dd/yyyy, within 45 days of the date of entry.’’ Similarly, the bullet in the exporter certification that reads, ‘‘This certification was completed by the time of shipment,’’ could be edited as follows: ‘‘The shipments/products referenced herein shipped during the period 07/26/2018 through 08/31/2018. This certification was completed on mm/dd/yyyy, within 45 days of the date of shipment.’’ For such entries/ shipments, importers and exporters each have the option to complete a blanket certification covering multiple entries/ shipments, individual certifications for each entry/shipment, or a combination thereof. C. For Entries on or After September 1, 2018 Through the Day Prior to the Date of Publication of the Final Determination of This Anti-Circumvention Inquiry in the Federal Register For entries suspended pursuant to the Preliminary Determination and continue to be suspended pursuant to the final determination of this anti-circumvention inquiry that were shipped and/or entered, or withdrawn from warehouse, for consumption on or after September 1, 2018 through the day prior to the date of publication of the final determination of this anticircumvention inquiry in the Federal Register for which certifications are required, the importer certification should have been completed by the date of Entry Summary and the exporter certification should have been completed and provided to the importer by the date of shipment. D. For Entries on or After the Date of Publication of the Final Determination of This Anti-Circumvention Inquiry in the Federal Register For entries suspended pursuant to the Preliminary Determination and continue to be suspended pursuant to the final determination of this anti-circumvention inquiry that were shipped and/or entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final determination in the Federal Register for which certifications are required, the importer certification should be completed by the date of Entry Summary and the exporter certification should be completed and provided to the importer by the date of shipment. For such entries/shipments, the importers and exporters must use the updated certification forms in Appendices III and IV. 3. Certification Timing Requirements for Pantech and Its Importers These timing requirements apply only to Pantech and its importers because they were VerDate Sep<11>2014 18:30 Jun 20, 2019 Jkt 247001 not previously eligible for the certification process. A. For Entries on or After August 21, 2017 Through the 30th Day After the Date of Publication of the Final Determination of This Anti-Circumvention Inquiry in the Federal Register For entries of butt-weld pipe fittings from Pantech suspended pursuant to the Preliminary Determination of this anticircumvention inquiry that were shipped and/or entered, or withdrawn from warehouse, for consumption during the period, August 21, 2017 (the date of initiation of this anti-circumvention inquiry) through the 30th day after the date of publication of the final determination in the Federal Register, for which certifications are required, the importer certification should be completed, and exporter certification should be completed and provided to the importer, within 45 days of the date of publication of the final determination in the Federal Register. Accordingly, where appropriate, the relevant bullet in the certification should be edited to reflect that the certification was completed within the time frame specified in the paragraph above. For example, the bullet in the importer certification that reads: ‘‘This certification was completed by the time of filing the Entry Summary,’’ could be edited as follows: ‘‘The shipments/products referenced herein entered during the period 08/21/2017 through the 30th day after the date of publication of the final determination in the Federal Register. This certification was completed on mm/dd/yyyy, within 45 days of that Federal Register notice publication.’’ Similarly, the bullet in the exporter certification that reads, ‘‘This certification was completed by the time of shipment,’’ could be edited as follows: ‘‘The shipments/products referenced herein shipped during the period 08/21/2017 through the 30th day after the date of publication of the final determination in the Federal Register. This certification was completed on mm/dd/yyyy, within 45 days of that Federal Register notice publication.’’ For such entries/shipments, importers and exporters each have the option to complete a blanket certification covering multiple entries/shipments, individual certifications for each entry/shipment, or a combination thereof. B. For Entries on or After the 31st Day After the Date of Publication of the Final Determination of This Anti-Circumvention Inquiry in the Federal Register For entries of butt-weld pipe fittings from Pantech that were shipped and/or entered, or withdrawn from warehouse, for consumption, on or after the 31st day after the date of publication of the final determination of this anti-circumvention inquiry in the Federal Register, for which certifications are required, the importer certification should be completed by the date of Entry Summary and the exporter certification should be completed and provided to the importer by the date of shipment. For such entries/shipments, the importers and exporters must use the updated certification forms in Appendices III and IV. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 29167 Appendix III—Importer Certification I hereby certify that: • My name is {COMPANY OFFICIAL’S NAME} and I am an official of {IMPORTING COMPANY}; • I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the carbon steel butt-weld pipe fittings completed in Malaysia that entered under entry number(s) {INSERT ENTRY NUMBER(S)} 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 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’’ includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the source of the input used to produce the imported products); • The carbon steel butt-weld pipe fittings completed in Malaysia do not contain finished or unfinished butt-weld pipe fittings manufactured in the People’s Republic of China; • I understand that {IMPORTING 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 {IMPORTING COMPANY} 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 {IMPORTING COMPANY} is required to maintain a copy of the exporter’s certification, (attesting to the production and/or export of the imported merchandise identified above), 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 {IMPORTING COMPANY} is required to maintain and, upon request, provide a copy of the exporter’s certification and supporting records to CBP and/or Commerce; • 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: Æ suspension of liquidation of all unliquidated entries (and entries for which E:\FR\FM\21JNN1.SGM 21JNN1 29168 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices liquidation has not become final) for which these requirements were not met; and Æ the requirement that the importer post applicable antidumping duty (AD) 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 by the time of filing the Entry Summary; and • 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 llllllllllllllll NAME OF COMPANY OFFICIAL lllllllllllllllllllll TITLE lllllllllllllllllllll jspears on DSK30JT082PROD with NOTICES Appendix IV—Exporter Certification 18:30 Jun 20, 2019 Jkt 247001 [FR Doc. 2019–13252 Filed 6–20–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE I hereby certify that: • My name is {COMPANY OFFICIAL’S NAME HERE} and I am an official of {NAME OF EXPORTING COMPANY}; • I have direct personal knowledge of the facts regarding the production and exportation of the carbon steel butt-weld pipe fittings identified below. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have ‘‘direct personal knowledge’’ of the producer’s identity and location. • The carbon steel butt-weld pipe fittings completed in Malaysia do not contain finished or unfinished butt-weld pipe fittings manufactured in the People’s Republic of China; • I understand that {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 {NAME OF EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer by the time of shipment. ; • I understand that {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 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 VerDate Sep<11>2014 Æ the requirement that the importer post applicable antidumping duty (AD) cash deposits (as appropriate) equal to the rates as determined by Commerce; • This certification was completed at or prior to the time of shipment; and • 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 llllllllllllllll NAME OF COMPANY OFFICIAL lllllllllllllllllllll TITLE lllllllllllllllllllll DATE International Trade Administration [A–549–839] Steel Propane Cylinders From Thailand: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that steel propane cylinders from Thailand are being, or are likely to be, sold in the United States at less than fair value (LTFV). AGENCY: DATES: Applicable June 21, 2019. FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Stephanie Moore, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3797 or (202) 482–3692, respectively. SUPPLEMENTARY INFORMATION: Background On December 27, 2018, Commerce published the Preliminary Determination of sales at LTFV of steel propane cylinders from Thailand.1 On June 3, 2019, a public hearing was held at Commerce. A complete 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 1 See Steel Propane Cylinders from Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 83 FR 66678 (December 27, 2018) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 found in the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is available 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 to all parties in the Central Records Unit, Room B–8024 of Commerce’s main building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and electronic version are identical in content. Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018 through the resumption of operations on January 29, 2019.3 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the final determination of this investigation is now June 17, 2019. Period of Investigation (POI) The POI is April 1, 2017 through March 31, 2018. Scope of the Investigation The merchandise covered by this investigation is steel propane cylinders from Thailand. For a complete discussion of the scope of this investigation, see Appendix I of this notice. Scope Comments During the course of this investigation and the concurrent countervailing duty (CVD) investigation, Commerce received scope comments from interested parties. Certain interested parties commented on the scope of the investigation as it appeared in the Preliminary Scope Decision Memorandum,4 which was 2 See Memorandum, ‘‘Issues and Decision Memorandum for Final Affirmative Determination in the Antidumping Duty Investigation of Steel Propane Cylinders from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 4 See Memorandum, ‘‘Steel Propane Cylinders from the People’s Republic of China (China) and Thailand: Scope Decision Memorandum for the E:\FR\FM\21JNN1.SGM 21JNN1

Agencies

[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29164-29168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13252]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-814]


Carbon Steel Butt-Weld Pipe Fittings From the People's Republic 
of China: Final Affirmative Determination of Circumvention of the 
Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that carbon 
steel butt-weld pipe fittings (butt-weld pipe fittings) exported from 
Malaysia, which were completed in Malaysia using finished or unfinished 
butt-weld pipe fittings sourced from the People's Republic of China 
(China), are circumventing the antidumping duty (AD) order on butt-weld 
pipe fittings from China. Commerce has also updated the language in the 
certification requirements and importer and exporter certifications 
that are appended to this notice.

DATES: Applicable June 21, 2019.

FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-4047.

SUPPLEMENTARY INFORMATION: 

Background

    On July 25, 2018, Commerce published the Preliminary Determination 
of circumvention of the Order.\1\ 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 Memorandum.\2\ 
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 http://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 http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Carbon Steel Butt-Weld Pipe Fittings From the People's 
Republic of China: Preliminary Affirmative Determination of 
Circumvention of the Antidumping Duty Order, 83 FR 35205 (July 25, 
2018) (Preliminary Determination) and accompanying Preliminary 
Decision Memorandum; see also Antidumping Duty Order and Amendment 
to the Final Determination of Sales at Less Than Fair Value; Certain 
Carbon Steel Butt-Weld Pipe Fittings from the People's Republic of 
China, 57 FR 29702 (July 6, 1992) (Order).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Anti-Circumvention Inquiry of the Antidumping Duty Order on Certain 
Carbon Steel Butt-Weld Pipe Fittings from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the Order are carbon steel butt-weld pipe 
fittings. For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.

Scope of the Anti-Circumvention Inquiry

    This anti-circumvention inquiry covers butt-weld pipe fittings 
exported from Malaysia to the United States, which were completed 
(i.e., have undergone minor finishing processes, or were simply marked 
with ``Malaysia'' as the country of origin) in Malaysia using finished 
or unfinished butt-weld pipe fittings sourced from China (inquiry 
merchandise). This final ruling applies to all shipments of inquiry 
merchandise on or after the date of the initiation of this inquiry.

[[Page 29165]]

Methodology

    Commerce is conducting this anti-circumvention inquiry in 
accordance with section 781(b) of the Tariff Act of 1930, as amended 
(the Act). For a full description of the methodology underlying the 
Commerce's final determination, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this inquiry 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 results of Commerce's verification of 
questionnaire responses and the comments received, we made certain 
changes to the Preliminary Determination.

Final Affirmative Determination of Circumvention

    As detailed in the Issues and Decision Memorandum, we determine 
that butt-weld pipe fittings exported from Malaysia, which were 
completed in Malaysia using finished or unfinished butt-weld pipe 
fittings from China, or were simply marked with ``Malaysia'' as the 
country of origin, are circumventing the Order. As such, we determine 
that it is appropriate to include this merchandise within the Order and 
to instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation and require cash deposits for any unliquidated 
entries of butt-weld pipe fittings from Malaysia, which were completed 
in Malaysia using finished or unfinished butt-weld pipe fittings from 
China, or were simply marked with ``Malaysia'' as the country of 
origin, as discussed below.

Continuation of Suspension of Liquidation

    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 inquiry merchandise that 
were entered, or withdrawn from warehouse, for consumption on or after 
August 21, 2017, the date of initiation of the anti-circumvention 
inquiry.
    The suspension of liquidation and cash deposit instructions will 
remain in effect until further notice. Commerce will instruct CBP to 
require AD cash deposits equal to the China-wide rate of 182.90 
percent, unless the importer/exporter can demonstrate that the Chinese-
origin finished or unfinished butt-weld pipe fittings completed in 
Malaysia were supplied by a Chinese manufacturer with a company-
specific separate rate. In that instance, the cash deposit rate will be 
the rate of the Chinese butt-weld pipe fittings manufacturer that has 
its own rate.\3\
---------------------------------------------------------------------------

    \3\ See, e.g., Glycine from the People's Republic of China: 
Preliminary Partial Affirmative Determination of Circumvention of 
the Antidumping Duty Order and Initiation of Scope Inquiry, 77 FR 
21532, 21535 (April 10, 2012), unchanged in Glycine from the 
People's Republic of China: Final Partial Affirmative Determination 
of Circumvention of the Antidumping Duty Order, 77 FR 73426 
(December 10, 2012).
---------------------------------------------------------------------------

    Butt-weld pipe fittings completed in Malaysia from finished and 
unfinished butt-weld pipe fittings that are not of Chinese-origin are 
not subject to this inquiry and are not included within the scope of 
the Order as a result of this final affirmative determination. 
Therefore, the suspension of liquidation and cash deposit requirements 
do not apply to such merchandise, subject to the following 
certification requirements. An importer of butt-weld pipe fittings from 
Malaysia claiming that its butt-weld pipe fittings were completed from 
finished and/or unfinished non-Chinese butt-weld pipe fittings must 
meet the certification and documentation requirements described in 
Appendices II, III, and IV. Commerce will instruct CBP to suspend 
liquidation and require cash deposits for entries where the importer/
exporter cannot demonstrate that the imported merchandise was completed 
from non-Chinese origin finished or unfinished butt-weld pipe fittings. 
The AD cash deposits required on such entries will be equal to the 
China-wide rate of 182.90 percent, unless the importer/exporter can 
demonstrate that the Chinese-origin finished or unfinished butt-weld 
pipe fittings completed in Malaysia were supplied by a Chinese 
manufacturer with a company-specific separate rate. In that instance, 
the cash deposit rate will be the rate of the Chinese butt-weld pipe 
fittings manufacturer that has its own rate.
    We determine that the following companies are not eligible for the 
certification process: Able Steel Pipes Sdn. Bhd, Alliance Fittings 
Industry Sdn Bhd, Anggerik Laksana Sdn. Bhd, Globefit Manufacturing Sdn 
Bhd, Hiap Teck Venture Bhd., JAKS Steel Industries Sdn Bhd, Luda 
Malaysia, Ltd., Pipefab Industries Sdn. Bhd, Solidbend Fittings & 
Flanges Sdn. Bhd., Southern Steel Bhd, and Wing Tiek Ductile Iron Pipe 
Sdn Bhd. Accordingly, importers of butt-weld pipe fittings from 
Malaysia that are produced and/or exported by these ineligible 
companies are similarly ineligible for the certification process with 
regard to those imports.
    In the Preliminary Determination, Pantech Steel Industries Sdn. 
Bhd. (Pantech) and its importers were precluded from participating in 
the certification process. However, because Commerce has verified 
Pantech's ability to trace the country of origin for its shipments of 
butt-weld pipe fittings, we will allow Pantech and its importers to 
participate in the certification process for unliquidated entries of 
butt-weld pipe fittings from Malaysia that were entered, or withdrawn 
from warehouse, for consumption on or after August 21, 2017 (the 
initiation date of this anti-circumvention inquiry). For any 
unliquidated entries of butt-weld pipe fittings produced and/or 
exported by Pantech that were entered, or withdrawn from warehouse, for 
consumption on or after August 21, 2017, and through the day before the 
date of publication of this Federal Register notice, Commerce will 
instruct CBP to liquidate the entries without regard to AD duties if 
the importer provides both the importer and exporter certification and 
documentation requirements as described in Appendices II, III, and IV 
to CBP. An importer of butt-weld pipe fittings from Malaysia produced 
and/or exported by Pantech, which claims that its butt-weld pipe 
fittings were completed from finished and/or unfinished non-Chinese 
butt-weld pipe fittings, must meet the certification and documentation 
requirements described in Appendices II, III, and IV for such entries 
that were entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this Federal Register notice.

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).


[[Page 29166]]


    Dated: June 14, 2019.
Jeffrey I. Kessler,
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 Order
IV. Merchandise Subject to the Anti-circumvention Inquiry
V. Period of Inquiry
VI. Changes Since the Preliminary Determination
VII. Statutory Framework
VIII. Use of Facts Available and Facts Available with Adverse 
Inference
IX. Anti-Circumvention Determination
X. Country-Wide Determination
XI. Certification for Use of Non-Chinese-Origin Butt Weld Pipe 
Fittings
XII. Discussion of the Issues
    Comment 1: Whether Commerce May Issue a Country-Wide Finding
    Comment 2: Whether Pantech Has Circumvented the Order
    Comment 3: Whether Pantech and Its Importers Should Be Allowed 
to Participate in the Certification Process
    Comment 4: Whether Solidbend Was Lawfully Subject to This Anti-
Circumvention Inquiry
    Comment 5: Whether Solidbend Has Circumvented the Order
    Comment 6: Whether Commerce's Instructions to Suspend 
Liquidation and Require Cash Deposits Following the Preliminary 
Determination Were Lawful
XIII. Recommendation

Appendix II--Certification Requirements

    Section 1 provides general instructions for the certification 
process applicable to all eligible importers and exporters of carbon 
steel butt-weld pipe fittings (butt-weld pipe fittings) from 
Malaysia. Section 2 provides the certification timing requirements 
for eligible companies other than Pantech Steel Industries Sdn. Bhd. 
(Pantech) and the importers of butt-weld pipe fittings produced and/
or exported by firms other than Pantech. Section 3 provides the 
certification timing requirements for Pantech and the importers of 
butt-weld pipe fittings produced and/or exported by Pantech.

1. General Instructions

    For all parties eligible for the certification process, the 
following requirements apply. If an importer imports butt-weld pipe 
fittings from Malaysia and claims that the butt-weld pipe fittings 
were completed in Malaysia using finished or unfinished butt-weld 
pipe fittings manufactured of non-Chinese origin, the importer is 
required to complete and maintain the importer certification, 
attached as Appendix III, and all supporting documentation. The 
importer is further required to maintain a copy of the exporter 
certification, discussed below and attached as Appendix IV, and all 
supporting documentation. The importer certification must be 
completed, signed, and dated within the timeframes specified in 
Sections 2 or 3 below (as appropriate). 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 on behalf of 
the importer.
    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 and all supporting 
documentation. The exporter certification must be completed, signed, 
dated, and provided to the importer within the timeframes specified 
in Sections 2 or 3 below (as appropriate). The exporter 
certification should be completed by the party selling the 
merchandise manufactured in Malaysia to the United States, which is 
not necessarily the producer of the product.
    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 at this time. However, the 
importer and the exporter will be required to present the 
certifications and supporting documentation, to 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 
antidumping duty (AD) order on butt-weld pipe fittings from the 
People's Republic of China, A-570-814, all unliquidated entries for 
which these requirements were not met and require the importer to 
post applicable AD cash deposits equal to the rates as determined by 
Commerce. Commerce has established the following third-country case 
number in the Automated Commercial Environment (ACE): A-557-994 for 
such entries. Entries suspended under A-557-994 will be liquidated 
pursuant to applicable administrative reviews of the China AD order 
or through the automatic liquidation process.
    For unliquidated entries (and entries for which liquidation has 
not become final) entered as non-AD/CVD type entries that were 
shipped and/or entered, or withdrawn from warehouse, for consumption 
during the period, August 21, 2017 (the date of initiation of this 
anti-circumvention inquiry) through the day prior to the date of 
publication of the final determination of this anti-circumvention 
inquiry in the Federal Register, for which certifications are 
required to be maintained in accordance with the instructions above, 
importers should file a Post Summary Correction with CBP, in 
accordance with CBP's regulations, regarding conversion of such 
entries from non-antidumping entries (e.g., type 01) to antidumping 
entries (i.e., type 03, 06, 07, 34, and 38) entries and report those 
entries using the third-country case number, A-557-994. Similarly, 
the importer should pay cash deposits on those entries consistent 
with the regulations governing post summary corrections that require 
payment of additional duties.

2. Certification Timing Requirements for Companies Other Than Pantech 
and Its Importers

A. For Entries on or after August 21, 2017 Through July 25, 2018

    For entries suspended pursuant to the Preliminary Determination 
and continue to be suspended pursuant to the final determination of 
this anti-circumvention inquiry that were shipped and/or entered, or 
withdrawn from warehouse, for consumption on or after August 21, 
2017 (the date of initiation of this anti-circumvention inquiry) 
through July 25, 2018 (the date of publication of the Preliminary 
Determination in the Federal Register), for which certifications are 
required, the importer certification should have been completed, and 
the exporter certification should have been completed and provided 
to the importer, no later than September 8, 2018 (45 days after the 
date of publication of the Preliminary Determination in the Federal 
Register).
    Accordingly, where appropriate, the relevant bullet in the 
certification should have been edited to reflect that the 
certification was completed within the time frame specified in the 
paragraph above. For example, the bullet in the importer 
certification that reads: ``This certification was completed by the 
time of filing the Entry Summary,'' could be edited as follows: 
``The shipments/products referenced herein entered before the 07/25/
2018 publication of the Preliminary Determination Federal Register 
notice. This certification was completed on mm/dd/yyyy, within 45 
days of that Federal Register notice publication.'' Similarly, the 
bullet in the exporter certification that reads, ``This 
certification was completed by the time of shipment,'' could be 
edited as follows: ``The shipments/products referenced herein 
shipped before the 07/25/2018 publication of the Preliminary 
Determination Federal Register notice. This certification was 
completed on mm/dd/yyyy, within 45 days of that Federal 
Registernotice publication.'' For such entries/shipments, importers 
and exporters each have the option to complete a blanket 
certification covering multiple entries/shipments, individual 
certifications for each entry/shipment, or a combination thereof.

B. For Entries on or After July 26, 2018 Through August 31, 2018

    For entries suspended pursuant to the Preliminary Determination 
and continue to be suspended pursuant to the final determination of 
this anti-circumvention inquiry that were shipped and/or entered, or 
withdrawn from warehouse, for consumption on or after July 26, 2018 
through August 31, 2018, for which certifications are required, the 
importer certification should have been completed within 45 days 
after the date of Entry Summary and the exporter certification 
should have been completed and provided to

[[Page 29167]]

the importer within 45 days after the date of shipment.
    Accordingly, where appropriate, the relevant bullet in the 
certification should have been edited to reflect that the 
certification was completed within the time frame specified in the 
paragraph above. For example, the bullet in the importer 
certification that reads: ``This certification was completed by the 
time of filing the Entry Summary,'' could be edited as follows: 
``The shipments/products referenced herein entered during the period 
07/26/2018 through 08/31/2018. This certification was completed on 
mm/dd/yyyy, within 45 days of the date of entry.'' Similarly, the 
bullet in the exporter certification that reads, ``This 
certification was completed by the time of shipment,'' could be 
edited as follows: ``The shipments/products referenced herein 
shipped during the period 07/26/2018 through 08/31/2018. This 
certification was completed on mm/dd/yyyy, within 45 days of the 
date of shipment.'' For such entries/shipments, importers and 
exporters each have the option to complete a blanket certification 
covering multiple entries/shipments, individual certifications for 
each entry/shipment, or a combination thereof.

C. For Entries on or After September 1, 2018 Through the Day Prior to 
the Date of Publication of the Final Determination of This Anti-
Circumvention Inquiry in the Federal Register

    For entries suspended pursuant to the Preliminary Determination 
and continue to be suspended pursuant to the final determination of 
this anti-circumvention inquiry that were shipped and/or entered, or 
withdrawn from warehouse, for consumption on or after September 1, 
2018 through the day prior to the date of publication of the final 
determination of this anti-circumvention inquiry in the Federal 
Register for which certifications are required, the importer 
certification should have been completed by the date of Entry 
Summary and the exporter certification should have been completed 
and provided to the importer by the date of shipment.

D. For Entries on or After the Date of Publication of the Final 
Determination of This Anti-Circumvention Inquiry in the Federal 
Register

    For entries suspended pursuant to the Preliminary Determination 
and continue to be suspended pursuant to the final determination of 
this anti-circumvention inquiry that were shipped and/or entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final determination in the Federal Register for 
which certifications are required, the importer certification should 
be completed by the date of Entry Summary and the exporter 
certification should be completed and provided to the importer by 
the date of shipment. For such entries/shipments, the importers and 
exporters must use the updated certification forms in Appendices III 
and IV.

3. Certification Timing Requirements for Pantech and Its Importers

    These timing requirements apply only to Pantech and its 
importers because they were not previously eligible for the 
certification process.

A. For Entries on or After August 21, 2017 Through the 30th Day After 
the Date of Publication of the Final Determination of This Anti-
Circumvention Inquiry in the Federal Register

    For entries of butt-weld pipe fittings from Pantech suspended 
pursuant to the Preliminary Determination of this anti-circumvention 
inquiry that were shipped and/or entered, or withdrawn from 
warehouse, for consumption during the period, August 21, 2017 (the 
date of initiation of this anti-circumvention inquiry) through the 
30th day after the date of publication of the final determination in 
the Federal Register, for which certifications are required, the 
importer certification should be completed, and exporter 
certification should be completed and provided to the importer, 
within 45 days of the date of publication of the final determination 
in the Federal Register.
    Accordingly, where appropriate, the relevant bullet in the 
certification should be edited to reflect that the certification was 
completed within the time frame specified in the paragraph above. 
For example, the bullet in the importer certification that reads: 
``This certification was completed by the time of filing the Entry 
Summary,'' could be edited as follows: ``The shipments/products 
referenced herein entered during the period 08/21/2017 through the 
30th day after the date of publication of the final determination in 
the Federal Register. This certification was completed on mm/dd/
yyyy, within 45 days of that Federal Register notice publication.'' 
Similarly, the bullet in the exporter certification that reads, 
``This certification was completed by the time of shipment,'' could 
be edited as follows: ``The shipments/products referenced herein 
shipped during the period 08/21/2017 through the 30th day after the 
date of publication of the final determination in the Federal 
Register. This certification was completed on mm/dd/yyyy, within 45 
days of that Federal Register notice publication.'' For such 
entries/shipments, importers and exporters each have the option to 
complete a blanket certification covering multiple entries/
shipments, individual certifications for each entry/shipment, or a 
combination thereof.

B. For Entries on or After the 31st Day After the Date of Publication 
of the Final Determination of This Anti-Circumvention Inquiry in the 
Federal Register

    For entries of butt-weld pipe fittings from Pantech that were 
shipped and/or entered, or withdrawn from warehouse, for 
consumption, on or after the 31st day after the date of publication 
of the final determination of this anti-circumvention inquiry in the 
Federal Register, for which certifications are required, the 
importer certification should be completed by the date of Entry 
Summary and the exporter certification should be completed and 
provided to the importer by the date of shipment. For such entries/
shipments, the importers and exporters must use the updated 
certification forms in Appendices III and IV.

Appendix III--Importer Certification

    I hereby certify that:
     My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {IMPORTING COMPANY{time} ;
     I have direct personal knowledge of the facts regarding 
the importation into the Customs territory of the United States of 
the carbon steel butt-weld pipe fittings completed in Malaysia that 
entered under entry number(s) {INSERT ENTRY NUMBER(S){time}  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 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'' includes facts obtained from another party, 
(e.g., correspondence received by the importer (or exporter) from 
the producer regarding the source of the input used to produce the 
imported products);
     The carbon steel butt-weld pipe fittings completed in 
Malaysia do not contain finished or unfinished butt-weld pipe 
fittings manufactured in the People's Republic of China;
     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, 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 {IMPORTING COMPANY{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 {IMPORTING COMPANY{time}  is required 
to maintain a copy of the exporter's certification, (attesting to 
the production and/or export of the imported merchandise identified 
above), 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 {IMPORTING COMPANY{time}  is required 
to maintain and, upon request, provide a copy of the exporter's 
certification and supporting records to CBP and/or Commerce;
     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

[[Page 29168]]

liquidation has not become final) for which these requirements were 
not met; and
    [cir] the requirement that the importer post applicable 
antidumping duty (AD) 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 by the time of filing 
the Entry Summary; and
     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

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TITLE

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Appendix IV--Exporter Certification

    I hereby certify that:
     My name is {COMPANY OFFICIAL'S NAME HERE{time}  and I 
am an official of {NAME OF EXPORTING COMPANY{time} ;
     I have direct personal knowledge of the facts regarding 
the production and exportation of the carbon steel butt-weld pipe 
fittings identified below. ``Direct personal knowledge'' refers to 
facts the certifying party is expected to have in its own books and 
records. For example, an exporter should have ``direct personal 
knowledge'' of the producer's identity and location.
     The carbon steel butt-weld pipe fittings completed in 
Malaysia do not contain finished or unfinished butt-weld pipe 
fittings manufactured in the People's Republic of China;
     I understand that {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 {NAME OF EXPORTING COMPANY{time}  
must provide this Exporter Certification to the U.S. importer by the 
time of shipment. ;
     I understand that {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 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) cash deposits (as appropriate) equal to the 
rates as determined by Commerce;
     This certification was completed at or prior to the 
time of shipment; and
     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

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TITLE

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DATE

[FR Doc. 2019-13252 Filed 6-20-19; 8:45 am]
BILLING CODE 3510-DS-P