Certain Corrosion-Resistant Steel Products From Taiwan: Affirmative Preliminary Determination of Anti-Circumvention Inquiry on the Antidumping Duty Order, 32864-32867 [2019-14695]
Download as PDF
<![CDATA[
32864
Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–856]
Certain Corrosion-Resistant Steel
Products From Taiwan: Affirmative
Preliminary Determination of AntiCircumvention Inquiry on the
Antidumping Duty Order
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
Taiwan, are circumventing the
antidumping duty (AD) order on CORE
from Taiwan.
DATES: Applicable July 10, 2019.
FOR FURTHER INFORMATION CONTACT:
Shanah Lee and Peter Zukowski, 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) 482–6386 and (202) 482–0189,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
jspears on DSK30JT082PROD with NOTICES
Certain domestic interested parties,
ArcelorMittal USA LLC, California Steel
Industries, Nucor Corporation, Steel
Dynamics, Inc., and United States Steel
Corporation (collectively, the
petitioners) filed an allegation 1 that
imports of CORE from Vietnam made
from HRS and/or CRS sourced from
Taiwan and exported to the United
States as CORE from Vietnam are
circumventing the Taiwan CORE
Order.2 In their allegation, the
petitioners requested that Commerce
initiate an anti-circumvention inquiry
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
Taiwanese-origin HRS and/or CRS
substrate for completing into CORE in
Vietnam and subsequent sale of that
1 See Petitioners’ letter, ‘‘Certain CorrosionResistant Steel Products from Taiwan: Request for
Circumvention Ruling,’’ dated June 12, 2018.
2 See Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016) (Taiwan CORE Order).
VerDate Sep<11>2014
18:32 Jul 09, 2019
Jkt 247001
CORE to the United States constitutes
circumvention of the Taiwan CORE
Order.
On August 2, 2018, Commerce
published the notice of initiation of
anti-circumvention inquiry on imports
of CORE from Vietnam.3 For a complete
description of the events that followed
the initiation of this inquiry, 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 https://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 Order
The products covered by this order
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
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 Taiwan,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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 00006
Fmt 4703
Sfmt 4703
complete description of the scope of the
order, see the Preliminary Decision
Memorandum.
Scope of the Anti-Circumvention
Inquiry
This anti-circumvention inquiry
covers CORE produced in Vietnam from
HRS and/or CRS substrate input
manufactured in Taiwan 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 this inquiry. 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
and/or CRS processed into CORE in
Vietnam did not originate in Taiwan, as
provided for in the certifications
attached to the Federal Register notice.
Otherwise, their merchandise may be
subject to antidumping duties if
Commerce makes an affirmative final
determination in this inquiry.
Methodology
Commerce is conducting this anticircumvention inquiry 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 marketeconomy values, as discussed in section
773(c) 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 Taiwan is
circumventing the Taiwan CORE Order.
We therefore preliminarily determine
that it is appropriate to include this
merchandise within the Taiwan CORE
Order and to instruct U.S. Customs and
Border Protection (CBP) to suspend any
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
Antidumping Administrative Review; 2014–2015,
82 FR 18611 (April 20, 2017)).
E:\FR\FM\10JYN1.SGM
10JYN1
Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Notices
entries of CORE from Vietnam produced
from HRS and/or CRS from Taiwan.
jspears on DSK30JT082PROD with NOTICES
Suspension of Liquidation
As stated above, Commerce has made
a preliminary affirmative finding of
circumvention of the Taiwan CORE
Order by exports to the United States of
CORE produced by any Vietnamese
company from Taiwanese-origin HRS
and/or CRS inputs. In accordance with
19 CFR 351.225(l)(2), Commerce will
direct CBP to suspend liquidation and
to require a cash deposit of estimated
duties on unliquidated entries of 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 inquiry. 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 Taiwaneseorigin is not subject to this inquiry.
Therefore, cash deposits are not
required for such merchandise.
However, CORE produced in Vietnam
from HRS and/or CRS from China is
subject to the AD/CVD orders on CORE
from China,7 and CORE produced in
Vietnam from HRS and/or CRS from
Korea has preliminarily been found to
be circumventing the AD/CVD orders on
CORE from Korea.8 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 Taiwan, in order not to be subject to
cash deposit requirements, the importer
and exporter are required to meet the
certification and documentation
requirements described in Appendix II.
Exporters of CORE produced from nonTaiwanese-origin HRS and/or CRS
substrate must prepare and maintain an
Exporter Certification and
documentation supporting the
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
7 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).
8 See Federal Register notice, ‘‘Certain CorrosionResistant Steel Products from Republic of Korea:
Affirmative Preliminary Determination of AntiCircumvention Inquiry on the Antidumping Duty
and Countervailing Duty Orders,’’ and
accompanying Preliminary Decision Memorandum,
dated concurrently with this notice.
VerDate Sep<11>2014
18:32 Jul 09, 2019
Jkt 247001
32865
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 Taiwanese-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)).9 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.10 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.
verification report is issued in this anticircumvention inquiry, unless the
Secretary alters the time limit. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline date for case
briefs.11 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this anti-circumvention inquiry 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.
Verification
International Trade Commission
Notification
As provided in 19 CFR 351.307,
Commerce intends to verify information
relied upon in making its final
determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last final
9 See CORE China Circumvention Final, 83 FR at
23896.
10 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 to 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).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Commerce, consistent with section
781(e) of the Act, has notified the
International Trade Commission (ITC) of
this preliminary determination to
include the merchandise subject to this
anti-circumvention inquiry within the
Taiwan CORE Order. Pursuant to
section 781(e) of the Act, the ITC may
request consultations concerning
Commerce’s proposed inclusion of the
merchandise under consideration. 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).
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
E:\FR\FM\10JYN1.SGM
10JYN1
32866
Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Notices
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 Order
IV. Scope of the Anti-Circumvention Inquiry
V. Period of Inquiry
VI. Surrogate Countries and Methodology for
Valuing Inputs from Taiwan and
Processing in Vietnam
VII. Statutory Framework
VIII. Use of Facts of Available with An
Adverse Inference
IX. Statutory Analysis
X. Country-Wide Determination
XI. Certification for Not Using TaiwaneseOrigin HRS and/or CRS
XII. Recommendation
jspears on DSK30JT082PROD with NOTICES
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
Taiwan, the importer is required to complete
and maintain the importer certification
attached hereto as Appendix III and all
supporting documentation. 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.
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
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,
VerDate Sep<11>2014
18:32 Jul 09, 2019
Jkt 247001
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)).12 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.
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
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
12 See CORE China Circumvention Final, 83 FR at
23896.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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
• 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.
E:\FR\FM\10JYN1.SGM
10JYN1
jspears on DSK30JT082PROD with NOTICES
Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Notices
Signature llllllllllllllll
NAME OF COMPANY OFFICIAL
lllllllllllllllllllll
TITLE
lllllllllllllllllllll
DATE
Signature llllllllllllllll
NAME OF COMPANY OFFICIAL
lllllllllllllllllllll
TITLE
lllllllllllllllllllll
DATE
Appendix IV
[FR Doc. 2019–14695 Filed 7–9–19; 8:45 am]
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:
Æ Suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met and
Æ the requirement that the importer post
applicable antidumping duty (AD) cash
deposits equal to the rates as determined by
Commerce;
• This certification was completed at or
prior to the time of shipment;
• 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.
VerDate Sep<11>2014
18:32 Jul 09, 2019
Jkt 247001
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–092]
Mattresses From the People’s Republic
of China: Amended Preliminary
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the
preliminary determination of the lessthan-fair-value investigation of
mattresses from the People’s Republic of
China (China) to correct significant
ministerial errors.
DATES: Applicable July 10, 2019.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill, Lilit Astvatsatrian, or
Stephen Bailey, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3518,
(202) 482–6412, or (202) 482–0193,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 4, 2019, Commerce published
its notice of preliminary determination
in the antidumping duty investigation of
mattresses from China.1 On May 30,
2019, Foshan City Shunde Haozuan
Furniture Co., Ltd. (Foshan Haozuan)
submitted comments alleging significant
ministerial errors in our preliminary
determination.2 On May 31, 2019,
Jiashan Nova Co., Ltd. (Nova) and
Foshan Suilong Furniture Co., Ltd.
(Suilong) submitted comments alleging
1 See Mattresses from the People’s Republic of
China: Preliminary Determination of Sales at Less
Than Fair Value, Postponement of Final
Determination and Affirmative Preliminary
Determination of Critical Circumstances, 84 FR
25732 (June 4, 2019) (Preliminary Determination)
and the accompanying Preliminary Decision
Memorandum.
2 See letter from Foshan Haozuan, ‘‘Antidumping
Duty Investigation of Mattresses from the People’s
Republic of China: Ministerial Error Comments and
Request to Immediately Correct Federal Register
Notice Prior to Publication,’’ dated May 30, 2019
(Foshan Haozuan’s ME Allegation).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
32867
significant ministerial errors in our
preliminary determination.3 On June 5,
2019, Zinus (Xiamen) Inc. and Zinus
(Zhangzhou) Inc., and their affiliated
sellers and U.S. importers (collectively,
Zinus), Healthcare Co., Ltd. and its
affiliated exporters and U.S. importers
(collectively, Healthcare), and Corsicana
Mattress Company, Elite Comfort
Solutions, Future Foam Inc., FXI, Inc.,
Innocor, Inc., Kolcraft Enterprises Inc.,
Leggett & Platt, Incorporated, Serta
Simmons Bedding, LLC, and Tempur
Sealy International, Inc. (collectively,
the petitioners), submitted comments
alleging significant ministerial errors in
our calculation of the preliminary
margins for Healthcare and Zinus and in
our assignment of separate rates to
certain companies.4
Period of Investigation
The period of investigation is January
1, 2018, through June 30, 2018.
Scope of the Investigation
The product covered by this
investigation is mattresses from China.
For a complete description of the scope
of this investigation, see the Appendix
to this notice.
Analysis of Significant Ministerial
Error Allegation
Commerce will analyze any
comments received and, if appropriate,
correct any significant ministerial error
by amending the preliminary
determination according to 19 CFR
351.224(e). A ministerial error is
defined in 19 CFR 351.224(f) as ‘‘an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.’’ 5 A significant ministerial
error is defined as a ministerial error,
3 See letter from Nova, ‘‘Mattresses from People’s
Republic of China: Omission from Notice of
Preliminary Determination,’’ dated May 31, 2019
(Nova’s ME Allegation); see letter from Suilong,
‘‘Mattresses from People’s Republic of China:
Omission from Notice of Preliminary
Determination,’’ dated May 31, 2019 (Suilong’s ME
Allegation).
4 See letter from Zinus, ‘‘Mattresses from the
People’s Republic of China: Ministerial Error
Allegation,’’ dated June 5, 2019 (Zinus’ ME
Allegation); see letter from Healthcare, ‘‘Mattresses
from People’s Republic of China: Ministerial Error
Comments for the Preliminary Determination,’’
dated June 5, 2019 (Healthcare’s ME Allegation); see
also letter from the petitioners, ‘‘Mattresses from the
People’s Republic of China: Mattress Petitioners’
Request for Correction of a Significant Ministerial
Error in the Preliminary Determination Margin
Calculation of Healthcare,’’ dated June 5, 2019 (the
petitioners’ ME Allegation).
5 See also section 735(e) of the Tariff Act of 1930,
as amended (the Act).
E:\FR\FM\10JYN1.SGM
10JYN1
]]>Agencies
[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Notices]
[Pages 32864-32867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14695]
[[Page 32864]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan:
Affirmative Preliminary Determination of Anti-Circumvention Inquiry on
the Antidumping Duty Order
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 Taiwan, are circumventing the antidumping duty (AD)
order on CORE from Taiwan.
DATES: Applicable July 10, 2019.
FOR FURTHER INFORMATION CONTACT: Shanah Lee and Peter Zukowski, 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) 482-6386 and (202) 482-0189,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Certain domestic interested parties, ArcelorMittal USA LLC,
California Steel Industries, Nucor Corporation, Steel Dynamics, Inc.,
and United States Steel Corporation (collectively, the petitioners)
filed an allegation \1\ that imports of CORE from Vietnam made from HRS
and/or CRS sourced from Taiwan and exported to the United States as
CORE from Vietnam are circumventing the Taiwan CORE Order.\2\ In their
allegation, the petitioners requested that Commerce initiate an anti-
circumvention inquiry 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 Taiwanese-origin HRS and/or CRS substrate for
completing into CORE in Vietnam and subsequent sale of that CORE to the
United States constitutes circumvention of the Taiwan CORE Order.
---------------------------------------------------------------------------
\1\ See Petitioners' letter, ``Certain Corrosion-Resistant Steel
Products from Taiwan: Request for Circumvention Ruling,'' dated June
12, 2018.
\2\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016) (Taiwan CORE Order).
---------------------------------------------------------------------------
On August 2, 2018, Commerce published the notice of initiation of
anti-circumvention inquiry on imports of CORE from Vietnam.\3\ For a
complete description of the events that followed the initiation of this
inquiry, 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 https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\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 Taiwan,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order 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 order, see the Preliminary Decision Memorandum.
Scope of the Anti-Circumvention Inquiry
This anti-circumvention inquiry covers CORE produced in Vietnam
from HRS and/or CRS substrate input manufactured in Taiwan 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 this inquiry. 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 and/or CRS processed into CORE in Vietnam did not
originate in Taiwan, as provided for in the certifications attached to
the Federal Register notice. Otherwise, their merchandise may be
subject to antidumping duties if Commerce makes an affirmative final
determination in this inquiry.
Methodology
Commerce is conducting this anti-circumvention inquiry 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, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\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 Antidumping Administrative
Review; 2014-2015, 82 FR 18611 (April 20, 2017)).
---------------------------------------------------------------------------
Preliminary Finding
As detailed in the Preliminary Decision Memorandum, we
preliminarily determine that CORE produced in Vietnam from HRS and/or
CRS sourced from Taiwan is circumventing the Taiwan CORE Order. We
therefore preliminarily determine that it is appropriate to include
this merchandise within the Taiwan CORE Order and to instruct U.S.
Customs and Border Protection (CBP) to suspend any
[[Page 32865]]
entries of CORE from Vietnam produced from HRS and/or CRS from Taiwan.
Suspension of Liquidation
As stated above, Commerce has made a preliminary affirmative
finding of circumvention of the Taiwan CORE Order by exports to the
United States of CORE produced by any Vietnamese company from
Taiwanese-origin HRS and/or CRS inputs. In accordance with 19 CFR
351.225(l)(2), Commerce will direct CBP to suspend liquidation and to
require a cash deposit of estimated duties on unliquidated entries of
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 inquiry. 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
Taiwanese-origin is not subject to this inquiry. Therefore, cash
deposits are not required for such merchandise. However, CORE produced
in Vietnam from HRS and/or CRS from China is subject to the AD/CVD
orders on CORE from China,\7\ and CORE produced in Vietnam from HRS
and/or CRS from Korea has preliminarily been found to be circumventing
the AD/CVD orders on CORE from Korea.\8\ 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
Taiwan, in order not to be subject to cash deposit requirements, the
importer and exporter are required to meet the certification and
documentation requirements described in Appendix II. Exporters of CORE
produced from non-Taiwanese-origin HRS and/or CRS substrate must
prepare and maintain an Exporter Certification and documentation
supporting the 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 Taiwanese-origin HRS and/or CRS substrate.
---------------------------------------------------------------------------
\7\ 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).
\8\ See Federal Register notice, ``Certain Corrosion-Resistant
Steel Products from Republic of Korea: Affirmative Preliminary
Determination of Anti-Circumvention Inquiry on the Antidumping Duty
and Countervailing Duty Orders,'' and accompanying Preliminary
Decision Memorandum, 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)).\9\ 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.\10\ 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.
---------------------------------------------------------------------------
\9\ See CORE China Circumvention Final, 83 FR at 23896.
\10\ 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 to 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).
---------------------------------------------------------------------------
Verification
As provided in 19 CFR 351.307, Commerce intends to verify
information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last final verification report is
issued in this anti-circumvention inquiry, unless the Secretary alters
the time limit. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this anti-
circumvention inquiry 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.
---------------------------------------------------------------------------
\11\ 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 International Trade Commission (ITC) of this preliminary
determination to include the merchandise subject to this anti-
circumvention inquiry within the Taiwan CORE Order. Pursuant to section
781(e) of the Act, the ITC may request consultations concerning
Commerce's proposed inclusion of the merchandise under consideration.
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).
[[Page 32866]]
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 Order
IV. Scope of the Anti-Circumvention Inquiry
V. Period of Inquiry
VI. Surrogate Countries and Methodology for Valuing Inputs from
Taiwan and Processing in Vietnam
VII. Statutory Framework
VIII. Use of Facts of Available with An Adverse Inference
IX. Statutory Analysis
X. Country-Wide Determination
XI. Certification for Not Using Taiwanese-Origin HRS and/or CRS
XII. 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 Taiwan, the
importer is required to complete and maintain the importer
certification attached hereto as Appendix III and all supporting
documentation. 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.
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 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)).\12\ 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.
---------------------------------------------------------------------------
\12\ See CORE China Circumvention Final, 83 FR at 23896.
---------------------------------------------------------------------------
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.
[[Page 32867]]
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:
[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 equal to the rates as determined
by Commerce;
This certification was completed at or prior to the
time of shipment;
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
[FR Doc. 2019-14695 Filed 7-9-19; 8:45 am]
BILLING CODE 3510-DS-P
