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, 32875-32878 [2019-14721]
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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:
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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.
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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 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,
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).
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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)).
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see the Preliminary Decision
Memorandum.
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Preliminary Finding
As detailed in the Preliminary
Decision Memorandum, we
preliminarily determine that CRS
produced in Vietnam from HRS sourced
from Korea is circumventing the CRS
Orders. We therefore preliminarily
determine that it is appropriate to
include this merchandise within the
CRS Orders and to instruct U.S.
Customs and Border Protection (CBP) to
suspend any entries of CRS from
Vietnam produced from HRS from
Korea.
Suspension of Liquidation
As stated above, Commerce has made
a preliminary affirmative finding of
circumvention of the CRS Orders by
exports to the United States of CRS
produced by any Vietnamese company
from Korean-origin HRS inputs. In
accordance with section 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 CRS 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 anticircumvention inquiry. The suspension
of liquidation instructions will remain
in effect until further notice.
CRS produced in Vietnam from HRS
that is not of Korean origin is not subject
to these inquiries. Therefore, cash
deposits are not required for such
merchandise. However, CRS produced
in Vietnam from CRS from China is
subject to the AD/CVD orders on CRS
from China.7 Imports of such
merchandise are also subject to
certification requirements and cash
deposits may be required. If an importer
imports CRS from Vietnam and claims
that the CRS was not produced from
HRS substrate manufactured in Korea,
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
CRS produced from non-Korean-origin
HRS substrate must prepare and
maintain an Exporter Certification and
documentation supporting the
Certification (see Appendix IV). In
addition, importers of such CRS must
prepare and maintain an Importer
7 See Certain Cold-Rolled Steel Flat Products from
the People’s Republic of China: Affirmative Final
Determination of Circumvention of the
Antidumping Duty and Countervailing Duty Orders,
83 FR 23891 (May 23, 2018) (CRS China
Circumvention Final).
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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 CRS who did not
use Korean-origin HRS substrate.
In the situation where no certification
is provided for an entry, and AD/CVD
orders from two countries (China or
Korea) potentially apply to that entry,
Commerce intends to instruct CBP to
suspend the entry and collect cash
deposits at the CRS China
Circumvention Final rates (i.e., the AD
rate established for the China-wide
entity (199.76 percent) and the CVD rate
established for the China all-others rate
(256.44 percent)).8 This is to prevent
evasion, given that the CRS China
Circumvention Final rates are higher
than the AD and CVD rates established
for CRS from Korea. In the situation
where a certification is provided for the
AD/CVD orders on CRS from China
(stating that the merchandise was not
produced from HRS 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., 20.33 percent and 3.89
percent, respectively) applicable to the
AD/CVD orders on CRS from Korea.9
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 these
anti-circumvention inquiries, 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
8 See
CRS China Circumvention Final, 83 FR at
23892.
9 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);
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).
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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.
International Trade Commission
Notification
Commerce, consistent with section
781(e) of the Act, has notified the
International Trade Commission (ITC) of
these preliminary determinations to
include the merchandise subject to
these anti-circumvention inquiries
within the CRS Orders. 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
These determinations are 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
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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IV. Scope of the Anti-Circumvention
Inquiries
V. Period of Inquiry
VI. Surrogate Countries and Methodology for
Valuing Inputs from Korea and
Processing in Vietnam
VII. Statutory Framework
VIII. Use of Facts Available with an Adverse
Inference
IX. Statutory Analysis
X. Country-Wide Determination
XI. Certification for Not Using Korean-Origin
HRS
XII. Recommendation
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Appendix II
Certification Requirements
If an importer imports certain cold-rolled
steel flat products (CRS) from the Socialist
Republic of Vietnam (Vietnam) and claims
that the CRS was not produced from hotrolled steel substrate (substrate)
manufactured in the Republic of Korea
(Korea), 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
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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 two countries (China or Korea)
potentially apply to that entry, Commerce
intends to instruct CBP to suspend the entry
and collect cash deposits at the CRS China
Circumvention Final rates (i.e., the AD rate
established for the China-wide entity (199.76
percent) and the CVD rate established for the
China all-others rate (256.44 percent)).11 In
the situation where a certification is provided
for the AD/CVD orders on CRS from China
(stating that the merchandise was not
produced from HRS 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., 20.33
percent and 3.89 percent, respectively)
applicable to the AD/CVD orders on CRS
from Korea.12
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
cold-rolled steel flat 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;
11 See Certain Cold-Rolled Steel Flat Products
from the People’s Republic of China: Affirmative
Final Determination of Circumvention of the
Antidumping Duty and Countervailing Duty Orders,
83 FR 23891 (May 23, 2018) (CRS China
Circumvention Final).
12 See CRS Korea AD Order, 81 FR at 64434; CRS
Korea CVD Order, 81 FR at 64438.
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• 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 cold-rolled steel flat products
produced in Vietnam do not contain hotrolled steel substrate produced in Korea:
• 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.
Signature llllllllllllllll
NAME OF COMPANY OFFICIAL
lllllllllllllllllllll
TITLE
lllllllllllllllllllll
DATE
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Appendix IV
DEPARTMENT OF COMMERCE
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 cold-rolled steel flat
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 cold-rolled steel flat products
produced in Vietnam do not contain hotrolled steel substrate produced in Korea:
• 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.
Signature llllllllllllllll
NAME OF COMPANY OFFICIAL
lllllllllllllllllllll
TITLE
lllllllllllllllllllll
DATE
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International Trade Administration
[A–570–928, A–791–821, A–552–803]
Uncovered Innerspring Units From the
People’s Republic of China, South
Africa, and Socialist Republic of
Vietnam: Final Results of the
Expedited Sunset Reviews of the
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that revocation of the
antidumping duty orders on uncovered
innerspring units from the People’s
Republic of China (China), South Africa,
and Socialist Republic of Vietnam
(Vietnam) would be likely to lead to
continuation or recurrence of dumping
as indicated in the ‘‘Final Results of
Sunset Reviews’’ section of this notice.
DATES: Applicable July 10, 2019.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2243.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 1, 2019, Commerce
published the initiation of the second
five-year (sunset) reviews of the
antidumping duty orders on uncovered
innerspring units from China, South
Africa, and Vietnam, pursuant to section
751(c) of the Tariff Act of 1930 (the Act),
as amended.1 Commerce received
notices of intent to participate in these
sunset reviews from Leggett & Platt,
Incorporated (the domestic interested
party), within the 15-day period
specified in 19 CFR 351.218(d)(1)(i).
The domestic interested party claimed
interested party status under section
771(9)(C) of the Act as a producer of the
domestic like product.
Commerce received adequate
substantive responses to the Notice of
Initiation from the domestic interested
party within the 30-day period specified
in 19 CFR 351.218(d)(3)(i). Commerce
received no substantive response from
any respondent interested parties. In
accordance with section 751(c)(3)(B) of
the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited (120-day) sunset
reviews of the antidumping duty orders
1 See Initiation of Five-Year (Sunset) Review, 84
FR 7021 (March 1, 2019) (Notice of Initiation).
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Fmt 4703
Sfmt 4703
on uncovered innerspring units from
China, South Africa, and Vietnam.2
Scope of the Orders
The products subject to these orders
are uncovered innerspring units
composed of a series of individual metal
springs joined together in sizes
corresponding to the sizes of adult
mattresses (e.g., twin, twin long, full,
full long, queen, California king, and
king) and units used in smaller
constructions, such as crib and youth
mattresses. The complete scope
language of these orders is listed in the
Issues and Decision Memorandum,3
which is hereby adopted by this notice.
The products subject to the orders are
currently classifiable under subheading
9404.29.9010 and have also been
classified under subheadings
9404.10.0000, 7326.20.0070,
7320.20.5010, or 7320.90.5010 of the
Harmonized Tariff Schedule of the
United States (HTSUS). On January 11,
2011, Commerce included the
9404.29.9005 and 9404.29.9011 HTSUS
classification number to the customs
case reference file, pursuant to a request
by U.S. Customs and Border Protection
(CBP). On January 7, 2013, Commerce
included the 7326.20.0071 HTSUS
classification number to the customs
case reference file, pursuant to a request
by CBP. The HTSUS subheadings are
provided for convenience and customs
purposes only; the written description
of the scope of these orders is
dispositive.
Analysis of Comments Received
All issues raised in these reviews are
addressed in the Issues and Decision
Memorandum, including the likelihood
of continuation or recurrence of
dumping in the event of revocation and
the magnitude of dumping margins
likely to prevail if the orders were
revoked. Parties can find a complete
discussion of all issues raised in these
reviews and the corresponding
recommendations in this public
memorandum, which is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
2 See Uncovered Innerspring Units from the
People’s Republic of China: Notice of Antidumping
Duty Order, 74 FR 7661 (February 19, 2009);
Antidumping Duty Order: Uncovered Innerspring
Units from South Africa, 73 FR 75390 (December
11, 2008); Antidumping Duty Order: Uncovered
Innerspring Units from the Socialist Republic of
Vietnam, 73 FR 75391 (December 11, 2008).
3 See Issues and Decision Memorandum for the
Final Results of Expedited Second Sunset Reviews
of the Antidumping Duty Orders on Uncovered
Innerspring Units from the People’s Republic of
China, South Africa, and the Socialist Republic of
Vietnam, dated concurrently with this notice
(Issues and Decision Memorandum).
E:\FR\FM\10JYN1.SGM
10JYN1
]]>Agencies
[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Notices]
[Pages 32875-32878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14721]
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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
AGENCY: 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.
SUPPLEMENTARY INFORMATION:
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 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 Korean-origin HRS substrate for
completing into CRS in Vietnam and subsequent sale of that CRS to the
United States constitutes circumvention of the CRS Orders.
---------------------------------------------------------------------------
\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.
\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).
---------------------------------------------------------------------------
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 https://enforcement.trade.gov/frn/. The signed and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\3\ See Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Initiation of Anti-Circumvention 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).
---------------------------------------------------------------------------
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 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
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 anti-circumvention 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,
[[Page 32876]]
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 of Antidumping Duty
Administrative Review; 2014-2015, 82 FR 18611 (April 20, 2017)).
---------------------------------------------------------------------------
Preliminary Finding
As detailed in the Preliminary Decision Memorandum, we
preliminarily determine that CRS produced in Vietnam from HRS sourced
from Korea is circumventing the CRS Orders. We therefore preliminarily
determine that it is appropriate to include this merchandise within the
CRS Orders and to instruct U.S. Customs and Border Protection (CBP) to
suspend any entries of CRS from Vietnam produced from HRS from Korea.
Suspension of Liquidation
As stated above, Commerce has made a preliminary affirmative
finding of circumvention of the CRS Orders by exports to the United
States of CRS produced by any Vietnamese company from Korean-origin HRS
inputs. In accordance with section 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 CRS 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.
CRS produced in Vietnam from HRS that is not of Korean origin is
not subject to these inquiries. Therefore, cash deposits are not
required for such merchandise. However, CRS produced in Vietnam from
CRS from China is subject to the AD/CVD orders on CRS from China.\7\
Imports of such merchandise are also subject to certification
requirements and cash deposits may be required. If an importer imports
CRS from Vietnam and claims that the CRS was not produced from HRS
substrate manufactured in Korea, 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 CRS produced from non-Korean-origin HRS substrate must
prepare and maintain an Exporter Certification and documentation
supporting the Certification (see Appendix IV). In addition, importers
of such CRS 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 CRS who did
not use Korean-origin HRS substrate.
---------------------------------------------------------------------------
\7\ See Certain Cold-Rolled Steel Flat Products from the
People's Republic of China: Affirmative Final Determination of
Circumvention of the Antidumping Duty and Countervailing Duty
Orders, 83 FR 23891 (May 23, 2018) (CRS China Circumvention Final).
---------------------------------------------------------------------------
In the situation where no certification is provided for an entry,
and AD/CVD orders from two countries (China or Korea) potentially apply
to that entry, Commerce intends to instruct CBP to suspend the entry
and collect cash deposits at the CRS China Circumvention Final rates
(i.e., the AD rate established for the China-wide entity (199.76
percent) and the CVD rate established for the China all-others rate
(256.44 percent)).\8\ This is to prevent evasion, given that the CRS
China Circumvention Final rates are higher than the AD and CVD rates
established for CRS from Korea. In the situation where a certification
is provided for the AD/CVD orders on CRS from China (stating that the
merchandise was not produced from HRS 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., 20.33 percent and 3.89 percent, respectively)
applicable to the AD/CVD orders on CRS from Korea.\9\
---------------------------------------------------------------------------
\8\ See CRS China Circumvention Final, 83 FR at 23892.
\9\ 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); 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).
---------------------------------------------------------------------------
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 these anti-circumvention inquiries, 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.\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 International Trade Commission (ITC) of these preliminary
determinations to include the merchandise subject to these anti-
circumvention inquiries within the CRS Orders. 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
These determinations are 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
[[Page 32877]]
IV. Scope of the Anti-Circumvention Inquiries
V. Period of Inquiry
VI. Surrogate Countries and Methodology for Valuing Inputs from
Korea and Processing in Vietnam
VII. Statutory Framework
VIII. Use of Facts Available with an Adverse Inference
IX. Statutory Analysis
X. Country-Wide Determination
XI. Certification for Not Using Korean-Origin HRS
XII. Recommendation
Appendix II
Certification Requirements
If an importer imports certain cold-rolled steel flat products
(CRS) from the Socialist Republic of Vietnam (Vietnam) and claims
that the CRS was not produced from hot-rolled steel substrate
(substrate) manufactured in the Republic of Korea (Korea), 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 two countries (China or Korea)
potentially apply to that entry, Commerce intends to instruct CBP to
suspend the entry and collect cash deposits at the CRS China
Circumvention Final rates (i.e., the AD rate established for the
China-wide entity (199.76 percent) and the CVD rate established for
the China all-others rate (256.44 percent)).\11\ In the situation
where a certification is provided for the AD/CVD orders on CRS from
China (stating that the merchandise was not produced from HRS 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., 20.33 percent and
3.89 percent, respectively) applicable to the AD/CVD orders on CRS
from Korea.\12\
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\11\ See Certain Cold-Rolled Steel Flat Products from the
People's Republic of China: Affirmative Final Determination of
Circumvention of the Antidumping Duty and Countervailing Duty
Orders, 83 FR 23891 (May 23, 2018) (CRS China Circumvention Final).
\12\ See CRS Korea AD Order, 81 FR at 64434; CRS Korea CVD
Order, 81 FR at 64438.
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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 cold-rolled steel flat 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 cold-rolled steel flat products produced in
Vietnam do not contain hot-rolled steel substrate produced in Korea:
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
[[Page 32878]]
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 cold-rolled steel flat
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 cold-rolled steel flat products produced in
Vietnam do not contain hot-rolled steel substrate produced in Korea:
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. 2019-14721 Filed 7-9-19; 8:45 am]
BILLING CODE 3510-DS-P
