Certain Corrosion-Resistant Steel Products From Republic of Korea: Affirmative Preliminary Determination of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 32871-32875 [2019-14694]

Download as PDF Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Notices Disclosure We intend to disclose the calculation performed for these amended final results in accordance with 19 CFR 351.224(b). Antidumping Duty Assessment Cash Deposit Requirements jspears on DSK30JT082PROD with NOTICES Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the amended final results of this review. Pursuant to 19 CFR 351.212(b)(1), where Maquilacero and Prolamsa reported the entered value of their U.S. sales, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where the respondents did not report entered value, we calculated the entered value in order to calculate the assessment rate. Where either the respondent’s weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. In addition, for entries of subject merchandise during the period of review (POR) produced by Maquilacero or Prolamsa for which the respondent did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company or companies involved in the transaction. The all-others rate is 4.91 percent.11 We will also instruct CBP to take into account the ‘‘provisional measures cap’’ in accordance with 19 CFR 351.212(d). For the companies which were not selected for individual review, we will assign an assessment rate based on the average 12 of the cash deposit rates calculated for Maquilacero and Prolamsa. The amended final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the amended final results of this review and 11 See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea, Mexico, and the Republic of Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13, 2016) (AD Orders). We note that the Final Results contained an incorrect all-others rate. 12 This rate was calculated as discussed in footnote 10, above. VerDate Sep<11>2014 18:32 Jul 09, 2019 Jkt 247001 for future deposits of estimated duties, where applicable.13 We intend to issue liquidation instructions to CBP 41 days after publication of the final results of this administrative review. The following cash deposit requirements will be effective retroactively, as appropriate, for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the May 28, 2019, the date of publication of the Final Results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific company listed above will be that established in the amended final results, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies, including those for which Commerce may have determined they had no shipments during the POR, the cash deposit rate will continue to be the companyspecific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review or another completed segment of this proceeding, but the manufacturer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any previously completed segment of this proceeding, then the cash deposit rate will be the all-others rate of 4.91 percent established in the less-than-fair-value investigation.14 These 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 review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. PO 00000 13 See 14 See section 751(a)(2)(C) of the Act. AD Orders. Frm 00013 Fmt 4703 Sfmt 4703 32871 Administrative Protective Order This notice 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), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties These amended final results and notice are issued and published in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e). Dated: July 1, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–14688 Filed 7–9–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–878; C–580–879] Certain Corrosion-Resistant Steel Products From Republic of Korea: Affirmative Preliminary Determination of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that imports of certain corrosionresistant steel products (CORE), produced in the Socialist Republic of Vietnam (Vietnam) using hot-rolled steel (HRS) and/or cold-rolled steel (CRS) flat products manufactured in the Republic of Korea (Korea), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on CORE from Korea. DATES: Applicable July 10, 2019. FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, 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) 482–5484. SUPPLEMENTARY INFORMATION: AGENCY: E:\FR\FM\10JYN1.SGM 10JYN1 32872 Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Notices jspears on DSK30JT082PROD with NOTICES Background Certain domestic interested parties, ArcelorMittal USA LLC, Nucor Corporation, United States Steel Corporation, Steel Dynamics, Inc. and California Steel Industries (collectively, the petitioners) filed an allegation 1 that imports of CORE from Vietnam made from HRS and/or CRS sourced from the Korea and exported to the United States as CORE from Vietnam are circumventing the Korea CORE Orders.2 In their allegation, the petitioners requested that Commerce initiate anticircumvention inquiries pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h), to determine whether the importation of the Korean-origin HRS or CRS substrate for completing into CORE in Vietnam and subsequent sale of that CORE to the United States constitutes circumvention of the Korea CORE Orders. In their allegation, the petitioners requested Commerce initiate anti-circumvention inquiries pursuant to section 781(b) of the Act and 19 CFR 351.225(h), to determine whether the importation of the Korean-origin HRS or CRS substrate for completion into CORE in Vietnam and subsequent sale of that CORE to the United States constitutes circumvention of the Korea CORE Orders. On August 2, 2018, Commerce published the notice of initiation of anti-circumvention inquiries on imports of CORE from Vietnam.3 For a complete description of the events that followed the initiation of these inquiries, see the Preliminary Decision Memorandum.4 A 1 See Petitioners’ letter, ‘‘Certain CorrosionResistant Steel Products from Korea: Request for Circumvention Ruling,’’ dated June 12, 2018 (Circumvention Ruling Request). 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). The ‘‘all others rate’’ was subsequently amended as the result of litigation. See Certain Corrosion-Resistant Steel Products from the Republic of Korea: Notice of Court Decision Not in Harmony with Final Determination of Investigation and Notice of Amended Final Results, 83 FR 39054 (August 8, 2018); see also Certain CorrosionResistant 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, Korea CORE Orders). 3 See Certain Corrosion-Resistant Steel Products from the Republic of Korea and Taiwan: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 83 FR 37785 (August 2, 2018) (Initiation Notice). 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the AntiCircumvention Inquiry of Certain CorrosionResistant Steel Products from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 18:32 Jul 09, 2019 Jkt 247001 list of topics included in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary 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 to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum 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, 2019.5 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. 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 Preliminary Decision Memorandum. Scope of the Anti-Circumvention Inquiries These anti-circumvention inquiries cover CORE produced in Vietnam from HRS or CRS substrate input manufactured in Korea and subsequently exported from Vietnam to the United States (merchandise under consideration). This preliminary ruling applies to all shipments of merchandise under consideration on or after the date of 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 5 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 29, 2019. All deadlines in this segment have been extended by 40 days. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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 Korea, as provided for in the certifications attached to this Federal Register notice. Otherwise, their merchandise may be subject to antidumping and countervailing duties if Commerce makes affirmative final determination in these inquiries. Methodology Commerce is conducting these anticircumvention inquiries in accordance with section 781(b) of the Act. Because certain interested parties did not cooperate to the best of their abilities in responding to Commerce’s requests for information, we have based parts of our preliminary determination on the facts available, with adverse inferences, pursuant to sections 776(a) and (b) of the Act. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Preliminary Finding As detailed in the Preliminary Decision Memorandum, we preliminarily determine that CORE produced in Vietnam from HRS and/or CRS sourced from Korea is circumventing the Korea CORE Orders. We therefore preliminarily determine that it is appropriate to include this merchandise within the Korea CORE Orders and to instruct U.S. Customs and Border Protection (CBP) to suspend any entries of CORE from Vietnam produced from HRS and/or CRS from Korea. Suspension of Liquidation As stated above, Commerce has made a preliminary affirmative finding of circumvention of the Korea CORE Orders by exports to the United States of CORE produced by any Vietnamese company from Korean-origin HRS and/ or CRS input. In accordance with 19 CFR 351.225(1)(2), Commerce will direct CBP to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of CORE produced in Vietnam, as appropriate, that were entered, or withdrawn from warehouse, for consumption on or after August 2, 2018, the date of initiation of the anti-circumvention inquiries. The suspension of liquidation instructions will remain in effect until further notice. CORE produced in Vietnam from HRS and/or CRS that is not of Korean origin is not subject to these inquiries. Therefore, cash deposits pursuant to the Korea CORE Orders are not required for such merchandise. However, CORE produced in Vietnam from HRS and/or E:\FR\FM\10JYN1.SGM 10JYN1 Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Notices jspears on DSK30JT082PROD with NOTICES CRS from China is subject to the AD/ CVD orders on CORE from China,6 and CORE produced in Vietnam from HRS and/or CRS from Taiwan has preliminarily been found to be circumventing the AD order on CORE from Taiwan.7 Imports of such merchandise are also subject to certification requirements and cash deposits may be required. If an importer imports CORE from Vietnam and claims that the CORE was not produced from HRS and/or CRS substrate manufactured in Korea, in order not to be subject to Korea CORE Orders cash deposit requirements, the importer and exporter are required to meet the certification and documentation requirements described in Appendix II. Exporters of CORE produced from non-Korean-origin HRS and/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 Certification, the importer must also maintain a copy of the Exporter Certification (see Appendix IV) and relevant supporting documentation from the exporter of CORE who did not use the Korean-origin HRS and/or CRS substrate. In the situation where no certification is provided for an entry, and AD/CVD orders from three countries (China, Korea, or Taiwan) potentially apply to that entry, Commerce intends to instruct CBP to suspend the entry and collect cash deposits at the CORE China Circumvention Final rates (i.e., the AD rate established for the China-wide entity (199.43 percent) and the CVD rate established for the China all-others rate (39.05 percent)).8 This is to prevent evasion, given that the CORE China Circumvention Final rates are higher than the AD and CVD rates established for CORE from Korea and Taiwan. In the situation where a certification is provided for the AD/CVD orders on CORE from China (stating that the merchandise was not produced from HRS and/or CRS from China), but no 6 See Certain Corrosion-Resistant Products from the People’s Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders, 83 FR 23895 (May 23, 2018) (CORE China Circumvention Final). 7 See Federal Register notice, ‘‘Certain CorrosionResistant Steel Products from Taiwan: Affirmative Preliminary Determination of Anti-Circumvention Inquiry on the Antidumping Duty Order,’’ dated concurrently with this notice. 8 See CORE China Circumvention Final, 83 FR at 23896. VerDate Sep<11>2014 18:32 Jul 09, 2019 Jkt 247001 32873 other certification is provided, then Commerce intends to instruct CBP to suspend the entry and collect cash deposits at the AD and CVD all-others rates (i.e., 8.31 percent and 1.19 percent, respectively) applicable to the AD/CVD orders on CORE from Korea.9 This is to prevent evasion, given that the AD and CVD rates established for CORE from Korea are higher than the AD rate established for CORE from Taiwan. inclusion of the subject merchandise. If, after consultations, the ITC believes that a significant injury issue is presented by the proposed inclusion, it will have 60 days from the date of notification by Commerce to provide written advice. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than thirty days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in these anti-circumvention inquiries are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Dated: June 28, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. International Trade Commission Notification Commerce, consistent with section 781(e) of the Act, has notified the U.S. International Trade Commission (ITC) of these preliminary determinations to include the merchandise subject to these anticircumvention inquiries within the Korea CORE Orders. Pursuant to section 781(e) of the Act, the ITC may request consultations concerning Commerce’s proposed Korea CORE Orders. 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). PO 00000 9 See 10 See Frm 00015 Fmt 4703 Sfmt 4703 Notification to Interested Parties This determination is issued and published in accordance with section 781(b) of the Act and 19 CFR 351.225(f). Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. Scope of the Anti-Circumvention Inquiries V. Period of Inquiries VI. Statutory Framework VII. Use of Facts Available with an Adverse Inference VIII. Anti-Circumvention Determination IX. Country-Wide Determination X. Certification for Not Using Korean-Origin HRS and/or CRS XI. 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 from hot-rolled steel and/or cold-rolled steel substrate (substrate) manufactured in Korea, the importer is required to complete and maintain the importer certification attached hereto as Appendix III and all supporting documents. 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 also required to complete and maintain the exporter certification attached hereto as Appendix IV, and is further required to provide the importer a copy of that certification and all supporting documentation. For shipments and/or entries on or after August 2, 2018 through July 18, 2019 for which certifications are required, importers and exporters should complete the required certification within 30 days of the publication of this notice 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 above. For example, the bullet in the importer certification that reads: ‘‘This certification was completed at or prior to the time of Entry,’’ could be edited as follows: ‘‘The imports referenced herein entered before July 19, 2019. This certification was E:\FR\FM\10JYN1.SGM 10JYN1 32874 Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Notices completed on mm/dd/yyyy, within 30 days of the Federal Register notice publication of the preliminary determination of circumvention.’’ Similarly, the bullet in the exporter certification that reads, ‘‘This certification was completed at or prior to the time of shipment,’’ could be edited as follows: ‘‘The shipments/products referenced herein shipped before July 19, 2019. This certification was completed on mm/dd/yyyy, within 30 days of the Federal Register notice publication of the preliminary determination of circumvention.’’ 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. For shipments and/or entries on or after July 19, 2019, for which certifications are required, importers should complete the required certification at or prior to the date of Entry and exporters should complete the required certification and provide it to the importer at or prior to the date of shipment. The importer and Vietnamese exporter are also required to maintain sufficient documentation 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 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. In the situation where no certification is provided for an entry, and AD/CVD orders from three countries (China, Korea, or Taiwan) potentially apply to that entry, Commerce intends to instruct CBP to suspend the entry and collect cash deposits at the CORE China Circumvention Final rates (i.e., the AD rate established for the Chinawide entity (199.43 percent) and the CVD rate established for China all-others rate (39.05 percent)). In the situation where a certification is provided for the AD/CVD orders on CORE from China, but no other certification is provided, then Commerce intends to instruct CBP to suspend the entry and collect cash deposits at the AD and CVD all-others rates (i.e., 8.31 percent and 1.19 percent, respectively) applicable to the AD/ CVD orders on CORE from Korea. jspears on DSK30JT082PROD with NOTICES Appendix III Importer Certification I hereby certify that: • My name is {INSERT COMPANY OFFICIAL’S NAME HERE} and I am an official of {INSERT NAME OF IMPORTING COMPANY}; • I have direct personal knowledge of the facts regarding the importation into the VerDate Sep<11>2014 18:32 Jul 09, 2019 Jkt 247001 Customs territory of the United States of the corrosion-resistant steel products produced in Vietnam 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); • These corrosion-resistant steel products produced in Vietnam do not contain hotrolled steel and/or cold-rolled steel substrate produced in Taiwan: • I understand that {INSERT NAME OF 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 {INSERT NAME OF 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 {INSERT NAME OF IMPORTING COMPANY} 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 NAME OF IMPORTING COMPANY} is required to maintain and provide a copy of the exporter’s certification and supporting records, upon request, 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 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 equal to the rates as 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 or prior to the time of Entry; and PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 • 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 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}; • I have direct personal knowledge of the facts regarding the production and exportation of the corrosion-resistant steel products that were sold to the United States under invoice number(s) INSERT INVOICE NUMBER(S). ‘‘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. • These corrosion-resistant steel products produced in Vietnam do not contain hotrolled steel and/or cold-rolled steel substrate produced in Taiwan: • 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 Exporter Certification to the U.S. importer by 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 Commerce; • I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in: o Suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met and o the requirement that the importer post applicable antidumping duty (AD) cash deposits equal to the rates as determined by Commerce; • This certification was completed at or prior to the time of shipment; E:\FR\FM\10JYN1.SGM 10JYN1 Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Notices • 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 [FR Doc. 2019–14694 Filed 7–9–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–881, C–580–882] Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Affirmative Preliminary Determination of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that imports of certain cold-rolled steel flat products (CRS), produced in the Socialist Republic of Vietnam (Vietnam) using hot-rolled steel (HRS) manufactured in the Republic of Korea (Korea), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on CRS from Korea. DATES: Applicable July 10, 2019. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1121 or (202) 482–2924, respectively. AGENCY: SUPPLEMENTARY INFORMATION: jspears on DSK30JT082PROD with NOTICES Background Certain domestic interested parties, ArcelorMittal USA LLC (AMUSA), California Steel Industries (CSI), Nucor Corporation (Nucor), Steel Dynamics, Inc. (SDI), and United States Steel Corporation (USSC) (collectively, the petitioners) filed an allegation 1 that imports of CRS from Vietnam made from HRS sourced from Korea and 1 See Petitioners’ Letter, ‘‘Certain Cold-Rolled Steel Flat Products from the Republic of Korea: Request for Circumvention Ruling Pursuant to Section 781(b) of the Tariff Act of 1930,’’ dated June 12, 2018. VerDate Sep<11>2014 18:32 Jul 09, 2019 Jkt 247001 exported to the United States as CRS from Vietnam are circumventing the CRS Orders.2 In their allegation, the petitioners requested that Commerce initiate anti-circumvention inquiries pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h), to determine whether the importation of the Koreanorigin HRS substrate for completing into CRS in Vietnam and subsequent sale of that CRS to the United States constitutes circumvention of the CRS Orders. On August 2, 2018, Commerce published the notice of initiation of anti-circumvention inquiries on imports of CRS from Vietnam.3 For a complete description of the events that followed the initiation of these inquiries, see the Preliminary Decision Memorandum.4 A list of topics included in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary 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 to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum 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, 2 See Certain Cold-Rolled Steel Flat Products from Brazil, India, the Republic of Korea, and the United Kingdom: Amended Final Affirmative Antidumping Determinations for Brazil and the United Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20, 2016) (CRS Korea AD Order); see also Certain Cold-Rolled Steel Flat Products from Brazil, India, and the Republic of Korea: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order (the Republic of Korea) and Countervailing Duty Orders (Brazil and India), 81 FR 64436 (September 20, 2016) (CRS Korea CVD Order) (collectively, CRS Orders). 3 See Certain Cold-Rolled Steel Flat Products from the Republic of Korea: Initiation of AntiCircumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 83 FR 37790 (August 2, 2018) (Initiation Notice). 4 See Memorandum, ‘‘Preliminary Decision Memorandum for Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders on Certain Cold-Rolled Steel Flat Products from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 32875 2019.5 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. Scope of the Orders The products covered by these orders are certain cold-rolled (cold-reduced), flat-rolled steel products, whether or not annealed, painted, varnished, or coated with plastics or other nonmetallic substances. For a complete description of the scope of the orders, see the Preliminary Decision Memorandum. Scope of the Anti-Circumvention Inquiries These anti-circumvention inquiries cover CRS produced in Vietnam from HRS substrate input manufactured in Korea and subsequently exported from Vietnam to the United States (merchandise under consideration). These preliminary rulings apply to all shipments of the merchandise under consideration on or after the date of the initiation of these inquiries. Importers and exporters of CRS produced in Vietnam using HRS manufactured in Vietnam or third countries must certify that the HRS processed into CRS in Vietnam did not originate in Korea, as provided for in the certifications attached to the Federal Register notice at Appendices II, III, and IV. Otherwise, their merchandise may be subject to antidumping and countervailing duties if Commerce makes affirmative final determinations in these inquiries. Methodology Commerce is conducting these anticircumvention inquiries in accordance with section 781(b) of the Act. Because Vietnam is a non-market economy country within the meaning of section 771(18) of the Act,6 Commerce has 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. For a full description of the methodology underlying Commerce’s preliminary determination, 5 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. 6 See, e.g., 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)). E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Notices]
[Pages 32871-32875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14694]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-878; C-580-879]


Certain Corrosion-Resistant Steel Products From Republic of 
Korea: Affirmative Preliminary Determination of Anti-Circumvention 
Inquiries on the Antidumping Duty and Countervailing Duty Orders

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that imports of certain corrosion-resistant steel products (CORE), 
produced in the Socialist Republic of Vietnam (Vietnam) using hot-
rolled steel (HRS) and/or cold-rolled steel (CRS) flat products 
manufactured in the Republic of Korea (Korea), are circumventing the 
antidumping duty (AD) and countervailing duty (CVD) orders on CORE from 
Korea.

DATES: Applicable July 10, 2019.

FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, 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) 482-5484.

SUPPLEMENTARY INFORMATION:

[[Page 32872]]

Background

    Certain domestic interested parties, ArcelorMittal USA LLC, Nucor 
Corporation, United States Steel Corporation, Steel Dynamics, Inc. and 
California Steel Industries (collectively, the petitioners) filed an 
allegation \1\ that imports of CORE from Vietnam made from HRS and/or 
CRS sourced from the Korea and exported to the United States as CORE 
from Vietnam are circumventing the Korea CORE Orders.\2\ In their 
allegation, the petitioners requested that Commerce initiate anti-
circumvention inquiries pursuant to section 781(b) of the Tariff Act of 
1930, as amended (the Act), and 19 CFR 351.225(h), to determine whether 
the importation of the Korean-origin HRS or CRS substrate for 
completing into CORE in Vietnam and subsequent sale of that CORE to the 
United States constitutes circumvention of the Korea CORE Orders. In 
their allegation, the petitioners requested Commerce initiate anti-
circumvention inquiries pursuant to section 781(b) of the Act and 19 
CFR 351.225(h), to determine whether the importation of the Korean-
origin HRS or CRS substrate for completion into CORE in Vietnam and 
subsequent sale of that CORE to the United States constitutes 
circumvention of the Korea CORE Orders.
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    \1\ See Petitioners' letter, ``Certain Corrosion-Resistant Steel 
Products from Korea: Request for Circumvention Ruling,'' dated June 
12, 2018 (Circumvention Ruling Request).
    \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). The ``all others rate'' was subsequently amended as the 
result of litigation. See Certain Corrosion-Resistant Steel Products 
from the Republic of Korea: Notice of Court Decision Not in Harmony 
with Final Determination of Investigation and Notice of Amended 
Final Results, 83 FR 39054 (August 8, 2018); see also 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, Korea CORE 
Orders).
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    On August 2, 2018, Commerce published the notice of initiation of 
anti-circumvention inquiries on imports of CORE from Vietnam.\3\ For a 
complete description of the events that followed the initiation of 
these inquiries, see the Preliminary Decision Memorandum.\4\ A list of 
topics included in the Preliminary Decision Memorandum is included as 
Appendix I to this notice. The Preliminary 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 to all parties in the Central Records 
Unit, Room B8024 of the main Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \3\ See Certain Corrosion-Resistant Steel Products from the 
Republic of Korea and Taiwan: Initiation of Anti-Circumvention 
Inquiries on the Antidumping Duty and Countervailing Duty Orders, 83 
FR 37785 (August 2, 2018) (Initiation Notice).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Anti-Circumvention Inquiry of Certain 
Corrosion-Resistant Steel Products from the Republic of Korea,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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    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.\5\ If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day.
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    \5\ 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 29, 2019. All deadlines in this segment have been extended 
by 40 days.
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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 Preliminary Decision Memorandum.

Scope of the Anti-Circumvention Inquiries

    These anti-circumvention inquiries cover CORE produced in Vietnam 
from HRS or CRS substrate input manufactured in Korea and subsequently 
exported from Vietnam to the United States (merchandise under 
consideration). This preliminary ruling applies to all shipments of 
merchandise under consideration on or after the date of 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 
Korea, as provided for in the certifications attached to this Federal 
Register notice. Otherwise, their merchandise may be subject to 
antidumping and countervailing duties if Commerce makes affirmative 
final determination in these inquiries.

Methodology

    Commerce is conducting these anti-circumvention inquiries in 
accordance with section 781(b) of the Act. Because certain interested 
parties did not cooperate to the best of their abilities in responding 
to Commerce's requests for information, we have based parts of our 
preliminary determination on the facts available, with adverse 
inferences, pursuant to sections 776(a) and (b) of the Act. For a full 
description of the methodology underlying Commerce's preliminary 
determination, see the Preliminary Decision Memorandum.

Preliminary Finding

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine that CORE produced in Vietnam from HRS and/or 
CRS sourced from Korea is circumventing the Korea CORE Orders. We 
therefore preliminarily determine that it is appropriate to include 
this merchandise within the Korea CORE Orders and to instruct U.S. 
Customs and Border Protection (CBP) to suspend any entries of CORE from 
Vietnam produced from HRS and/or CRS from Korea.

Suspension of Liquidation

    As stated above, Commerce has made a preliminary affirmative 
finding of circumvention of the Korea CORE Orders by exports to the 
United States of CORE produced by any Vietnamese company from Korean-
origin HRS and/or CRS input. In accordance with 19 CFR 351.225(1)(2), 
Commerce will direct CBP to suspend liquidation and to require a cash 
deposit of estimated duties on unliquidated entries of CORE produced in 
Vietnam, as appropriate, that were entered, or withdrawn from 
warehouse, for consumption on or after August 2, 2018, the date of 
initiation of the anti-circumvention inquiries. The suspension of 
liquidation instructions will remain in effect until further notice.
    CORE produced in Vietnam from HRS and/or CRS that is not of Korean 
origin is not subject to these inquiries. Therefore, cash deposits 
pursuant to the Korea CORE Orders are not required for such 
merchandise. However, CORE produced in Vietnam from HRS and/or

[[Page 32873]]

CRS from China is subject to the AD/CVD orders on CORE from China,\6\ 
and CORE produced in Vietnam from HRS and/or CRS from Taiwan has 
preliminarily been found to be circumventing the AD order on CORE from 
Taiwan.\7\ Imports of such merchandise are also subject to 
certification requirements and cash deposits may be required. If an 
importer imports CORE from Vietnam and claims that the CORE was not 
produced from HRS and/or CRS substrate manufactured in Korea, in order 
not to be subject to Korea CORE Orders cash deposit requirements, the 
importer and exporter are required to meet the certification and 
documentation requirements described in Appendix II. Exporters of CORE 
produced from non-Korean-origin HRS and/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 Certification, the importer must 
also maintain a copy of the Exporter Certification (see Appendix IV) 
and relevant supporting documentation from the exporter of CORE who did 
not use the Korean-origin HRS and/or CRS substrate.
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    \6\ See Certain Corrosion-Resistant Products from the People's 
Republic of China: Affirmative Final Determination of Circumvention 
of the Antidumping Duty and Countervailing Duty Orders, 83 FR 23895 
(May 23, 2018) (CORE China Circumvention Final).
    \7\ See Federal Register notice, ``Certain Corrosion-Resistant 
Steel Products from Taiwan: Affirmative Preliminary Determination of 
Anti-Circumvention Inquiry on the Antidumping Duty Order,'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

    In the situation where no certification is provided for an entry, 
and AD/CVD orders from three countries (China, Korea, or Taiwan) 
potentially apply to that entry, Commerce intends to instruct CBP to 
suspend the entry and collect cash deposits at the CORE China 
Circumvention Final rates (i.e., the AD rate established for the China-
wide entity (199.43 percent) and the CVD rate established for the China 
all-others rate (39.05 percent)).\8\ This is to prevent evasion, given 
that the CORE China Circumvention Final rates are higher than the AD 
and CVD rates established for CORE from Korea and Taiwan. In the 
situation where a certification is provided for the AD/CVD orders on 
CORE from China (stating that the merchandise was not produced from HRS 
and/or CRS from China), but no other certification is provided, then 
Commerce intends to instruct CBP to suspend the entry and collect cash 
deposits at the AD and CVD all-others rates (i.e., 8.31 percent and 
1.19 percent, respectively) applicable to the AD/CVD orders on CORE 
from Korea.\9\ This is to prevent evasion, given that the AD and CVD 
rates established for CORE from Korea are higher than the AD rate 
established for CORE from Taiwan.
---------------------------------------------------------------------------

    \8\ See CORE China Circumvention Final, 83 FR at 23896.
    \9\ See Korea CORE Orders.
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Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than thirty 
days after the date of publication of this notice. Rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
five days after the deadline date for case briefs.\10\ Pursuant to 19 
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in these anti-circumvention inquiries are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

International Trade Commission Notification

    Commerce, consistent with section 781(e) of the Act, has notified 
the U.S. International Trade Commission (ITC) of these preliminary 
determinations to include the merchandise subject to these 
anticircumvention inquiries within the Korea CORE Orders. Pursuant to 
section 781(e) of the Act, the ITC may request consultations concerning 
Commerce's proposed inclusion of the subject merchandise. If, after 
consultations, the ITC believes that a significant injury issue is 
presented by the proposed inclusion, it will have 60 days from the date 
of notification by Commerce to provide written advice.

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.225(f).

    Dated: June 28, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Anti-Circumvention Inquiries
V. Period of Inquiries
VI. Statutory Framework
VII. Use of Facts Available with an Adverse Inference
VIII. Anti-Circumvention Determination
IX. Country-Wide Determination
X. Certification for Not Using Korean-Origin HRS and/or CRS
XI. 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 from hot-rolled steel and/or 
cold-rolled steel substrate (substrate) manufactured in Korea, the 
importer is required to complete and maintain the importer 
certification attached hereto as Appendix III and all supporting 
documents. 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 also required to complete and maintain the 
exporter certification attached hereto as Appendix IV, and is 
further required to provide the importer a copy of that 
certification and all supporting documentation.
    For shipments and/or entries on or after August 2, 2018 through 
July 18, 2019 for which certifications are required, importers and 
exporters should complete the required certification within 30 days 
of the publication of this notice 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 above. For example, the 
bullet in the importer certification that reads: ``This 
certification was completed at or prior to the time of Entry,'' 
could be edited as follows: ``The imports referenced herein entered 
before July 19, 2019. This certification was

[[Page 32874]]

completed on mm/dd/yyyy, within 30 days of the Federal Register 
notice publication of the preliminary determination of 
circumvention.'' Similarly, the bullet in the exporter certification 
that reads, ``This certification was completed at or prior to the 
time of shipment,'' could be edited as follows: ``The shipments/
products referenced herein shipped before July 19, 2019. This 
certification was completed on mm/dd/yyyy, within 30 days of the 
Federal Register notice publication of the preliminary determination 
of circumvention.'' 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.
    For shipments and/or entries on or after July 19, 2019, for 
which certifications are required, importers should complete the 
required certification at or prior to the date of Entry and 
exporters should complete the required certification and provide it 
to the importer at or prior to the date of shipment.
    The importer and Vietnamese exporter are also required to 
maintain sufficient documentation 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 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.
    In the situation where no certification is provided for an 
entry, and AD/CVD orders from three countries (China, Korea, or 
Taiwan) potentially apply to that entry, Commerce intends to 
instruct CBP to suspend the entry and collect cash deposits at the 
CORE China Circumvention Final rates (i.e., the AD rate established 
for the China-wide entity (199.43 percent) and the CVD rate 
established for China all-others rate (39.05 percent)). In the 
situation where a certification is provided for the AD/CVD orders on 
CORE from China, but no other certification is provided, then 
Commerce intends to instruct CBP to suspend the entry and collect 
cash deposits at the AD and CVD all-others rates (i.e., 8.31 percent 
and 1.19 percent, respectively) applicable to the AD/CVD orders on 
CORE from Korea.

Appendix III

    Importer Certification
    I hereby certify that:
     My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time}  
and I am an official of {INSERT NAME 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 corrosion-resistant steel products produced in Vietnam 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);
     These corrosion-resistant steel products produced in 
Vietnam do not contain hot-rolled steel and/or cold-rolled steel 
substrate produced in Taiwan:
     I understand that {INSERT NAME OF 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 {INSERT NAME OF 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 {INSERT NAME OF IMPORTING 
COMPANY{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 NAME OF IMPORTING 
COMPANY{time}  is required to maintain and provide a copy of the 
exporter's certification and supporting records, upon request, 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 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 equal to the rates as 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 or prior to the 
time of Entry; 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
-----------------------------------------------------------------------

TITLE
-----------------------------------------------------------------------

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} ;
     I have direct personal knowledge of the facts regarding 
the production and exportation of the corrosion-resistant steel 
products that were sold to the United States under invoice number(s) 
INSERT INVOICE NUMBER(S). ``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.
     These corrosion-resistant steel products produced in 
Vietnam do not contain hot-rolled steel and/or cold-rolled steel 
substrate produced in Taiwan:
     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 by 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 Commerce;
     I understand that failure to maintain the required 
certification and/or failure to substantiate the claims made herein 
will result in:
    o Suspension of all unliquidated entries (and entries for which 
liquidation has not become final) for which these requirements were 
not met and
    o the requirement that the importer post applicable antidumping 
duty (AD) cash deposits equal to the rates as determined by 
Commerce;
     This certification was completed at or prior to the 
time of shipment;

[[Page 32875]]

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

DATE

[FR Doc. 2019-14694 Filed 7-9-19; 8:45 am]
 BILLING CODE 3510-DS-P