Aluminum Extrusions From the People's Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders, and Partial Rescission, 39805-39808 [2019-17194]

Download as PDF Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Notices On August 5, 2019, the ITC published its determinations, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.6 administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. Scope of the Orders The merchandise subject to these orders is sodium nitrite in any form, at any purity level. In addition, the sodium nitrite covered by these orders may or may not contain an anti-caking agent. Examples of names commonly used to reference sodium nitrite are nitrous acid, sodium salt, anti-rust, diazotizing salts, erinitrit, and filmerine. The chemical composition of sodium nitrite is NaNO2 and it is generally classified under subheading 2834.10.1000 of the Harmonized Tariff Schedule of the United States (HTSUS). The American Chemical Society Chemical Abstract Service (CAS) has assigned the name ‘‘sodium nitrite’’ to sodium nitrite. The CAS registry number is 7632–00–0. While the HTSUS subheading, CAS registry number, and CAS name are provided for convenience and customs purposes, the written description of the scope of these orders is dispositive. Notification to Interested Parties These five-year (sunset) reviews and this notice are in accordance with sections 751(c) and (d)(2) of the Act and published in accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4). jspears on DSK3GMQ082PROD with NOTICES Continuation of the Orders As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to a continuation or a recurrence of dumping and countervailable subsidies and of material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Orders. U.S. Customs and Border Protection (CBP) will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year review of the Orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order This notice also serves as the only reminder to parties subject to 6 See Sodium Nitrite from China and Germany (Inv. Nos. 701–TA–453 and 731–TA–1136–1137 (Second Review)), 84 FR 38058 (August 5, 2019); see also Sodium Nitrite from China and Germany (Inv. Nos. 701–TA–453 and 731–TA–1136–1137 (Second Review)), USITC Pub. 4936 (July 2019). VerDate Sep<11>2014 17:16 Aug 09, 2019 Jkt 247001 Dated: August 5, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–17099 Filed 8–9–19; 8:45 am] BILLING CODE 3510–DS–P 39805 Orders.2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.3 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and it is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. DEPARTMENT OF COMMERCE Scope of the Orders International Trade Administration The products covered by the Orders are aluminum extrusions. For a complete description of the scope of the Orders, see the Issues and Decision Memorandum. [A–570–967, C–570–968] Aluminum Extrusions From the People’s Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders, and Partial Rescission Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that aluminum extrusions exported from Vietnam, that are produced from aluminum previously extruded in the People’s Republic of China (China), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum extrusions from China. Commerce has also rescinded the minor alterations circumvention inquiry. AGENCY: DATES: In the Preliminary Determination, we stated that because of the affirmative determination of circumvention with respect to merchandise that has been completed or assembled in other foreign countries, pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), we did not make a determination with respect to the minor alterations inquiries, pursuant to section 781(c) of the Act.4 For these final results, because we continue to affirm circumvention with respect to merchandise that has been completed or assembled in other foreign countries, we are rescinding the minor alterations circumvention inquiries. Applicable August 12, 2019. Paul Walker, 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) 482–0413. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On May 17, 2019, Commerce published the Preliminary Determination 1 of circumvention of the 1 See Aluminum Extrusions from the People’s Republic of China: Affirmative Preliminary PO 00000 Partial Rescission of Circumvention Inquiries Frm 00010 Fmt 4703 Sfmt 4703 Determination of Circumvention of the Antidumping and Countervailing Duty Orders, 84 FR 22445 (May 17, 2019) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Aluminum Extrusions from the People’s Republic of China: Antidumping Duty Order, 76 FR 30650 (May 26, 2011); and Aluminum Extrusions from the People’s Republic of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (collectively, the Orders). 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination of Circumvention Concerning Aluminum Extrusions from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Preliminary Determination PDM at 15. E:\FR\FM\12AUN1.SGM 12AUN1 39806 Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Notices Scope of the Circumvention Inquiries These inquiries cover aluminum extrusions that are made from aluminum previously extruded in China (including billets created from re-melted Chinese extrusions) that meet the description of the Orders and are exported from Vietnam, regardless of producer, exporter or importer (inquiry merchandise). This final ruling applies to all shipments of inquiry merchandise on or after the date of publication of the initiation of these inquiries. Methodology Commerce is conducting these inquiries in accordance with section 781(b) of the Act. For a full description of the methodology underlying the Commerce’s final determination, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in these inquiries are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as Appendix I. Based on our analysis of the record evidence and comments received, we made certain changes to the Preliminary Determination. jspears on DSK3GMQ082PROD with NOTICES Final Affirmative Determination of Circumvention As detailed in the Issues and Decision Memorandum, we determine that aluminum extrusions exported from Vietnam, that are produced from aluminum previously extruded (including billets created from re-melted Chinese extrusions) in China, are circumventing the Orders. As such, we determine that it is appropriate to include this merchandise within the Orders and to instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation and require cash deposits for any unliquidated entries of aluminum extrusions from Vietnam, that are produced from aluminum previously extruded in China (including billets created from re-melted Chinese extrusions), as discussed below. Continuation of Suspension of Liquidation In accordance with 19 CFR 351.225(l)(3), Commerce will direct CBP to continue to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of inquiry merchandise that were entered, or withdrawn from warehouse, for consumption on or after March 5, 2018, the date of publication of the initiation of these inquiries. The suspension of liquidation and cash deposit instructions will remain in VerDate Sep<11>2014 17:16 Aug 09, 2019 Jkt 247001 effect until further notice. Commerce will instruct CBP to require AD cash deposits equal to the China-wide rate of 86.01 percent 5 for all extruded aluminum from Vietnam produced from aluminum previously extruded in China (including billets created from re-melted Chinese extrusions), unless the importer/exporter can demonstrate that the aluminum consumed in production was previously extruded by a Chinese manufacturer with a company-specific separate rate. In that instance, the cash deposit rate will be the rate of the Chinese supplier of the aluminum extrusions used in the production process that has its own rate.6 Aluminum extrusions not produced from aluminum previously extruded in China are not subject to these inquiries and are not included within the scope of the Orders as a result of this final affirmative determination. Therefore, the suspension of liquidation and cash deposit requirements do not apply to such merchandise, subject to the following certification requirements: An importer of aluminum extrusions from Vietnam claiming that its aluminum extrusions were produced from nonChinese aluminum extrusions (including billets created from re-melted Chinese extrusions) must meet the certification and documentation requirements described in Appendices II, III, and IV. We determine that the following companies are not eligible for the certification process: China Zhongwang Holdings Ltd.; Global Vietnam Aluminum Co., Ltd.; Aluminicaste Fundicion de Mexico; Dalian Liwan Trade Co., Ltd.; Tianjin Boruxin Trading Co., Ltd.; Dragon Luxe Limited; Perfectus Aluminum Inc.; Perfectus Aluminum Acquisitions LLC; Pencheng Aluminum Enterprise Inc. USA; Transport Aluminum Inc.; Aluminum Source Inc.; Aluminum Industrial Inc.; Global Aluminum (USA) Inc.; Aluminum Shapes, LLC; Century American Aluminum Inc.; American Apex Aluminum Inc.; and Global Tower Worldwide Ltd.7 Accordingly, aluminum extrusions from Vietnam that 5 See Aluminum Extrusions from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2015–2016, 82 FR 52265, 52267 (November 13, 2017). 6 See, e.g., Glycine from the People’s Republic of China: Preliminary Partial Affirmative Determination of Circumvention of the Antidumping Duty Order and Initiation of Scope Inquiry, 77 FR 21532, 21535 (April 10, 2012), unchanged in Glycine from the People’s Republic of China: Final Partial Affirmative Determination of Circumvention of the Antidumping Duty Order, 77 FR 73426 (December 10, 2012). 7 See Issues and Decision Memorandum at Comment 3. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 are produced, exported, or imported by these companies are ineligible for the certification process. Administrative Protective Orders This notice will serve as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction or APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties These determinations are issued and published in accordance with section 781(b) of the Act and 19 CFR 351.225(f). Dated: July 31, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. Merchandise Subject to the Circumvention Inquiries V. Period of Inquiry VI. Rescission of Minor Alterations of Merchandise VII. Changes Since the Preliminary Determination VIII. Statutory Framework IX. Use of Facts Available With Adverse Inference X. Statutory Analysis XI. Discussion of the Issues Comment 1: Inquiry Merchandise is Circumventing the Orders Comment 2: Inclusion of East Asia Aluminum in the Country-Wide Determination Comment 3: Certification Requirements XII. Recommendation Appendix II Certification Eligibility and Requirements A. Eligibility for the Certification (1) Importers and exporters of aluminum extrusions from the Socialist Republic of Vietnam (Vietnam) that were completed in Vietnam using aluminum not previously extruded in the People’s Republic of China (China) (including billets created from remelted Chinese extrusions) are eligible for the certification process detailed below and in the preliminary determination, with the exception of certain companies. The following companies are not eligible to participate in the certification process: China Zhongwang Holdings Ltd.; Global Vietnam Aluminum Co., Ltd.; Aluminicaste Fundicion E:\FR\FM\12AUN1.SGM 12AUN1 Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Notices jspears on DSK3GMQ082PROD with NOTICES de Mexico; Dalian Liwan Trade Co., Ltd.; Tianjin Boruxin Trading Co., Ltd.; Dragon Luxe Limited; Perfectus Aluminum Inc.; Perfectus Aluminum Acquisitions LLC; Pencheng Aluminum Enterprise Inc. USA; Transport Aluminum Inc.; Aluminum Source Inc.; Aluminum Industrial Inc.; Global Aluminum (USA) Inc.; Aluminum Shapes, LLC; Century American Aluminum Inc.; American Apex Aluminum Inc.; and Global Tower Worldwide Ltd. B. Certification Requirements for Importers and Exporters of Aluminum Extrusions Completed in Vietnam Using Aluminum Not Previously Extruded in China (Including Billets Created From Re-Melted Chinese Extrusions) (1) For entries of aluminum extrusions completed in Vietnam that were entered, or withdrawn from warehouse, for consumption on or after March 5, 2018 (the date of publication of the initiation of these circumvention inquiries), for which the importer claims that the aluminum extrusions were completed (including extruded) in Vietnam using aluminum not previously extruded in China (including billets created from re-melted Chinese extrusions), the importer and exporter are required to meet the certification and documentation requirements detailed below in order for no AD and/or CVD cash deposit to be required on such entries. (2) The importer is required to complete and maintain the importer certification, attached as Appendix III. Where the importer uses an agent or broker to facilitate the entry process, it must obtain and provide the entry number as part of the certification. Agents of the importer, such as brokers, however, are not permitted to make this certification on behalf of the importer. (3) The exporter is required to complete and maintain the exporter certification, attached as Appendix IV. The exporter certification should be completed by the party selling the merchandise completed in Vietnam to the United States, which is not necessarily the producer of the product. (4) The exporter is further required to provide the importer with a copy of the exporter certification. (5) The importer is also required to maintain a copy of the exporter certification. (6) The importer and exporter are also required to maintain sufficient documentation (as indicated in the certifications) supporting their certifications. (7) 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. (8) Although 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, 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. (9) The claims made in the certifications and any supporting documentation are VerDate Sep<11>2014 18:19 Aug 09, 2019 Jkt 247001 subject to verification by Commerce and/or CBP. C. Certification Timing Requirements for Importers and Exporters of Aluminum Extrusions Completed in Vietnam Using Aluminum Not Previously Extruded in China (Including Billets Created From Re-Melted Chinese Extrusions) (1) For unliquidated entries of merchandise (a) shipped and/or (b) entered, or withdrawn from warehouse, for consumption during the period, March 5, 2018 (the date of publication of the initiation of these circumvention inquiries), through the 29th day after the date of publication of the final determination in the Federal Register, for which certifications are required: (a) The importers and exporters each have the option to complete a blanket certification covering multiple entries, individual certifications for each entry, or a combination thereof. Importer and exporter certifications for these entries should be completed, signed and dated within 45 days of publication of the final determination in the Federal Register. Accordingly, the relevant bullet in the certification should be edited to reflect that the certification was completed within this time frame. For example, the bullet in the importer certification that reads: ‘‘This certification was completed by the time of filing the entry summary,’’ could be edited as follows: ‘‘The shipments/products referenced herein entered within the 29th day after the mm/dd/yyyy publication of the Final Determination Federal Register notice. This certification was completed on mm/dd/ yyyy, within 45 days of the Federal Register notice publication.’’ Similarly, the bullet in the exporter certification that reads, ‘‘This certification was completed by the time of shipment,’’ could be edited as follows: ‘‘The shipments/ products referenced herein shipped within the 29th day after the mm/dd/yyyy publication of the Final Determination Federal Register notice. This certification was completed on mm/dd/yyyy, within 45 days of the Federal Register notice publication.’’ (b) Additionally, the exporter must provide the importer a copy of the exporter certification within 45 days of the publication of the final determination in the Federal Register. (2) For subject merchandise (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption on or after the date that is 30 days after publication of the final determination in the Federal Register, for which certifications are required: (a) The importer certification must be completed, signed, and dated by the deadline for filing of the entry summary for the relevant importation; and (b) The exporter certification must be completed, signed, dated and provided to the importer by the time of shipment of the relevant entries. D. Importers and Exporters Not Eligible for the Certification Process (1) Importers and exporters of aluminum extrusions from the Socialist Republic of Vietnam (Vietnam): PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 39807 • That were specifically identified above as not being eligible • that were completed (including extruded) in Vietnam using aluminum previously extruded in China (including billets created from re-melted Chinese extrusions) and/or • that do not meet the certification requirements detailed above are not eligible for the certification process detailed above. (2) For aluminum extrusions completed in Vietnam from aluminum previously extruded in China (including billets created from remelted Chinese extrusions) and, thus, subject to the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum extrusions from the People’s Republic of China, A–570–967 and C–570– 968, respectively, Commerce has established the following third-country case numbers in the Automated Commercial Environment (ACE): A–552–998 and C–552–999. (3) For unliquidated entries (and entries for which liquidation has not become final) of merchandise not eligible for the certifications, that entered as non-AD/CVD type entries (e.g., type 01) that were shipped and/or entered, or withdrawn from warehouse, for consumption during the period, March 5, 2018 (the date of publication of the initiation of these circumvention inquiries) through the 29th day after the date of publication of the final determination in the Federal Register, importers should file a Post Summary Correction with CBP, as applicable, in accordance with CBP’s regulations, regarding conversion of such entries from non-AD/CVD type entries to AD/CVD type (e.g., types 03, 06,) entries and report those AD/CVD type entries using the third-country case numbers, A–552–998 and C–552–999. Similarly, the importer should pay cash deposits on those entries, consistent with the regulations governing post summary corrections, that require payment of additional duties. (4) Further, Commerce intends to instruct CBP to suspend (under the third-country case numbers identified above) all unliquidated shipments of aluminum extrusions completed in Vietnam for which the certification and/or documentation requirements have not been met, and to require the importer to post applicable AD and CVD cash deposits equal to the rates as determined by Commerce. Entries suspended under these third-country case numbers will be liquidated pursuant to applicable administrative reviews of the China AD and CVD orders or through the automatic liquidation process. Appendix III Importer Certification I hereby certify that: • My name is {INSERT COMPANY OFFICIAL’S NAME} 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 aluminum extrusions completed in Vietnam that entered under entry number(s) {INSERT ENTRY NUMBER(S)} and are covered by this certification. ‘‘Direct personal knowledge’’ E:\FR\FM\12AUN1.SGM 12AUN1 jspears on DSK3GMQ082PROD with NOTICES 39808 Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Notices 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 substrate used to produce the imported products); • The aluminum extrusions completed (including extruded) in Vietnam do not contain aluminum previously extruded in China (including billets created from remelted Chinese extrusions), regardless of whether sourced directly from a Chinese producer or from a downstream supplier; • 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, (attesting to the production and/ or export of the imported merchandise identified above), for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries; • I understand that {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) and countervailing duty (CVD) cash deposits (as appropriate) equal to the rates determined by Commerce; • I understand that agents of the importer, such as brokers, are not permitted to make this certification; • This certification was completed by the time of filing the entry summary; and VerDate Sep<11>2014 18:19 Aug 09, 2019 Jkt 247001 • 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 materially false statements to the U.S. government. Signature NAME OF COMPANY OFFICIAL TITLE DATE • 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 materially false statements to the U.S. government. Signature NAME OF COMPANY OFFICIAL TITLE DATE Appendix IV [FR Doc. 2019–17194 Filed 8–9–19; 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 aluminum extrusions identified below. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have ‘‘direct personal knowledge’’ of the producer’s identity and location; • Thee aluminum extrusions completed (including extruded) in Vietnam do not contain aluminum previously extruded in China (including billets created from remelted Chinese extrusions), regardless of whether sourced directly from a Chinese producer or from a downstream supplier; • 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) and countervailing duty (CVD) cash deposits (as appropriate) equal to the rates as determined by Commerce; • This certification was completed by the time of shipment; and PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–885] Phosphor Copper From the Republic of Korea: Notice of Rescission of Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty order on phosphor copper from the Republic of Korea (Korea) for the period of review (POR) April 1, 2018, through March 31, 2019. DATES: Applicable August 12, 2019. FOR FURTHER INFORMATION CONTACT: Cindy Robinson AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3797. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 1, 2019, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order 1 on phosphor copper from the Republic of Korea.2 On April 26 and 30, 2019, Commerce received timely requests from Metallurgical Products Company (Metallurgical or the petitioner) and Bongsan Co., Ltd. (Bongsan) in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), to conduct an administrative review of this antidumping duty order with respect to Bongsan.3 1 See Phosphor Copper from the Republic of Korea: Antidumping Duty Order, 82 FR 18893 (April 24, 2017). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 84 FR 12207 (April 1, 2019). 3 See Petitioner’s Letter, ‘‘Phosphor Copper from the Republic of Korea: Request for Administrative E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Notices]
[Pages 39805-39808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17194]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967, C-570-968]


Aluminum Extrusions From the People's Republic of China: Final 
Affirmative Determination of Circumvention of the Antidumping Duty and 
Countervailing Duty Orders, and Partial Rescission

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

SUMMARY: The Department of Commerce (Commerce) determines that aluminum 
extrusions exported from Vietnam, that are produced from aluminum 
previously extruded in the People's Republic of China (China), are 
circumventing the antidumping duty (AD) and countervailing duty (CVD) 
orders on aluminum extrusions from China. Commerce has also rescinded 
the minor alterations circumvention inquiry.

DATES: Applicable August 12, 2019.

FOR FURTHER INFORMATION CONTACT: Paul Walker, 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) 482-0413.

SUPPLEMENTARY INFORMATION:

Background

    On May 17, 2019, Commerce published the Preliminary Determination 
\1\ of circumvention of the Orders.\2\ A summary of the events that 
occurred since Commerce published the Preliminary Determination, as 
well as a full discussion of the issues raised by parties for this 
final determination, may be found in the Issues and Decision 
Memorandum.\3\ The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and it is available to all parties in the Central 
Records Unit, Room B8024 of the main Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly at https://enforcement.trade.gov/frn/. The signed and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \1\ See Aluminum Extrusions from the People's Republic of China: 
Affirmative Preliminary Determination of Circumvention of the 
Antidumping and Countervailing Duty Orders, 84 FR 22445 (May 17, 
2019) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order, 76 FR 30650 (May 26, 2011); and Aluminum 
Extrusions from the People's Republic of China: Countervailing Duty 
Order, 76 FR 30653 (May 26, 2011) (collectively, the Orders).
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of Circumvention Concerning Aluminum 
Extrusions from the People's Republic of China,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by the Orders are aluminum extrusions. For a 
complete description of the scope of the Orders, see the Issues and 
Decision Memorandum.

Partial Rescission of Circumvention Inquiries

    In the Preliminary Determination, we stated that because of the 
affirmative determination of circumvention with respect to merchandise 
that has been completed or assembled in other foreign countries, 
pursuant to section 781(b) of the Tariff Act of 1930, as amended (the 
Act), we did not make a determination with respect to the minor 
alterations inquiries, pursuant to section 781(c) of the Act.\4\ For 
these final results, because we continue to affirm circumvention with 
respect to merchandise that has been completed or assembled in other 
foreign countries, we are rescinding the minor alterations 
circumvention inquiries.
---------------------------------------------------------------------------

    \4\ See Preliminary Determination PDM at 15.

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

[[Page 39806]]

Scope of the Circumvention Inquiries

    These inquiries cover aluminum extrusions that are made from 
aluminum previously extruded in China (including billets created from 
re-melted Chinese extrusions) that meet the description of the Orders 
and are exported from Vietnam, regardless of producer, exporter or 
importer (inquiry merchandise). This final ruling applies to all 
shipments of inquiry merchandise on or after the date of publication of 
the initiation of these inquiries.

Methodology

    Commerce is conducting these inquiries in accordance with section 
781(b) of the Act. For a full description of the methodology underlying 
the Commerce's final determination, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
these inquiries are addressed in the Issues and Decision Memorandum. A 
list of the issues raised is attached to this notice as Appendix I. 
Based on our analysis of the record evidence and comments received, we 
made certain changes to the Preliminary Determination.

Final Affirmative Determination of Circumvention

    As detailed in the Issues and Decision Memorandum, we determine 
that aluminum extrusions exported from Vietnam, that are produced from 
aluminum previously extruded (including billets created from re-melted 
Chinese extrusions) in China, are circumventing the Orders. As such, we 
determine that it is appropriate to include this merchandise within the 
Orders and to instruct U.S. Customs and Border Protection (CBP) to 
continue to suspend liquidation and require cash deposits for any 
unliquidated entries of aluminum extrusions from Vietnam, that are 
produced from aluminum previously extruded in China (including billets 
created from re-melted Chinese extrusions), as discussed below.

Continuation of Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(3), Commerce will direct CBP 
to continue to suspend liquidation and to require a cash deposit of 
estimated duties on unliquidated entries of inquiry merchandise that 
were entered, or withdrawn from warehouse, for consumption on or after 
March 5, 2018, the date of publication of the initiation of these 
inquiries.
    The suspension of liquidation and cash deposit instructions will 
remain in effect until further notice. Commerce will instruct CBP to 
require AD cash deposits equal to the China-wide rate of 86.01 percent 
\5\ for all extruded aluminum from Vietnam produced from aluminum 
previously extruded in China (including billets created from re-melted 
Chinese extrusions), unless the importer/exporter can demonstrate that 
the aluminum consumed in production was previously extruded by a 
Chinese manufacturer with a company-specific separate rate. In that 
instance, the cash deposit rate will be the rate of the Chinese 
supplier of the aluminum extrusions used in the production process that 
has its own rate.\6\
---------------------------------------------------------------------------

    \5\ See Aluminum Extrusions from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2015-2016, 
82 FR 52265, 52267 (November 13, 2017).
    \6\ See, e.g., Glycine from the People's Republic of China: 
Preliminary Partial Affirmative Determination of Circumvention of 
the Antidumping Duty Order and Initiation of Scope Inquiry, 77 FR 
21532, 21535 (April 10, 2012), unchanged in Glycine from the 
People's Republic of China: Final Partial Affirmative Determination 
of Circumvention of the Antidumping Duty Order, 77 FR 73426 
(December 10, 2012).
---------------------------------------------------------------------------

    Aluminum extrusions not produced from aluminum previously extruded 
in China are not subject to these inquiries and are not included within 
the scope of the Orders as a result of this final affirmative 
determination. Therefore, the suspension of liquidation and cash 
deposit requirements do not apply to such merchandise, subject to the 
following certification requirements: An importer of aluminum 
extrusions from Vietnam claiming that its aluminum extrusions were 
produced from non-Chinese aluminum extrusions (including billets 
created from re-melted Chinese extrusions) must meet the certification 
and documentation requirements described in Appendices II, III, and IV.
    We determine that the following companies are not eligible for the 
certification process: China Zhongwang Holdings Ltd.; Global Vietnam 
Aluminum Co., Ltd.; Aluminicaste Fundicion de Mexico; Dalian Liwan 
Trade Co., Ltd.; Tianjin Boruxin Trading Co., Ltd.; Dragon Luxe 
Limited; Perfectus Aluminum Inc.; Perfectus Aluminum Acquisitions LLC; 
Pencheng Aluminum Enterprise Inc. USA; Transport Aluminum Inc.; 
Aluminum Source Inc.; Aluminum Industrial Inc.; Global Aluminum (USA) 
Inc.; Aluminum Shapes, LLC; Century American Aluminum Inc.; American 
Apex Aluminum Inc.; and Global Tower Worldwide Ltd.\7\ Accordingly, 
aluminum extrusions from Vietnam that are produced, exported, or 
imported by these companies are ineligible for the certification 
process.
---------------------------------------------------------------------------

    \7\ See Issues and Decision Memorandum at Comment 3.
---------------------------------------------------------------------------

Administrative Protective Orders

    This notice will serve as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction or APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    These determinations are issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.225(f).

    Dated: July 31, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiries
V. Period of Inquiry
VI. Rescission of Minor Alterations of Merchandise
VII. Changes Since the Preliminary Determination
VIII. Statutory Framework
IX. Use of Facts Available With Adverse Inference
X. Statutory Analysis
XI. Discussion of the Issues
    Comment 1: Inquiry Merchandise is Circumventing the Orders
    Comment 2: Inclusion of East Asia Aluminum in the Country-Wide 
Determination
    Comment 3: Certification Requirements
XII. Recommendation

Appendix II

Certification Eligibility and Requirements

A. Eligibility for the Certification

    (1) Importers and exporters of aluminum extrusions from the 
Socialist Republic of Vietnam (Vietnam) that were completed in 
Vietnam using aluminum not previously extruded in the People's 
Republic of China (China) (including billets created from re-melted 
Chinese extrusions) are eligible for the certification process 
detailed below and in the preliminary determination, with the 
exception of certain companies. The following companies are not 
eligible to participate in the certification process: China 
Zhongwang Holdings Ltd.; Global Vietnam Aluminum Co., Ltd.; 
Aluminicaste Fundicion

[[Page 39807]]

de Mexico; Dalian Liwan Trade Co., Ltd.; Tianjin Boruxin Trading 
Co., Ltd.; Dragon Luxe Limited; Perfectus Aluminum Inc.; Perfectus 
Aluminum Acquisitions LLC; Pencheng Aluminum Enterprise Inc. USA; 
Transport Aluminum Inc.; Aluminum Source Inc.; Aluminum Industrial 
Inc.; Global Aluminum (USA) Inc.; Aluminum Shapes, LLC; Century 
American Aluminum Inc.; American Apex Aluminum Inc.; and Global 
Tower Worldwide Ltd.

B. Certification Requirements for Importers and Exporters of 
Aluminum Extrusions Completed in Vietnam Using Aluminum Not 
Previously Extruded in China (Including Billets Created From Re-
Melted Chinese Extrusions)

    (1) For entries of aluminum extrusions completed in Vietnam that 
were entered, or withdrawn from warehouse, for consumption on or 
after March 5, 2018 (the date of publication of the initiation of 
these circumvention inquiries), for which the importer claims that 
the aluminum extrusions were completed (including extruded) in 
Vietnam using aluminum not previously extruded in China (including 
billets created from re-melted Chinese extrusions), the importer and 
exporter are required to meet the certification and documentation 
requirements detailed below in order for no AD and/or CVD cash 
deposit to be required on such entries.
    (2) The importer is required to complete and maintain the 
importer certification, attached as Appendix III. Where the importer 
uses an agent or broker to facilitate the entry process, it must 
obtain and provide the entry number as part of the certification. 
Agents of the importer, such as brokers, however, are not permitted 
to make this certification on behalf of the importer.
    (3) The exporter is required to complete and maintain the 
exporter certification, attached as Appendix IV. The exporter 
certification should be completed by the party selling the 
merchandise completed in Vietnam to the United States, which is not 
necessarily the producer of the product.
    (4) The exporter is further required to provide the importer 
with a copy of the exporter certification.
    (5) The importer is also required to maintain a copy of the 
exporter certification.
    (6) The importer and exporter are also required to maintain 
sufficient documentation (as indicated in the certifications) 
supporting their certifications.
    (7) 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.
    (8) Although 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, 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.
    (9) The claims made in the certifications and any supporting 
documentation are subject to verification by Commerce and/or CBP.

C. Certification Timing Requirements for Importers and Exporters of 
Aluminum Extrusions Completed in Vietnam Using Aluminum Not 
Previously Extruded in China (Including Billets Created From Re-
Melted Chinese Extrusions)

    (1) For unliquidated entries of merchandise (a) shipped and/or 
(b) entered, or withdrawn from warehouse, for consumption during the 
period, March 5, 2018 (the date of publication of the initiation of 
these circumvention inquiries), through the 29th day after the date 
of publication of the final determination in the Federal Register, 
for which certifications are required:
    (a) The importers and exporters each have the option to complete 
a blanket certification covering multiple entries, individual 
certifications for each entry, or a combination thereof. Importer 
and exporter certifications for these entries should be completed, 
signed and dated within 45 days of publication of the final 
determination in the Federal Register.
    Accordingly, the relevant bullet in the certification should be 
edited to reflect that the certification was completed within this 
time frame. For example, the bullet in the importer certification 
that reads: ``This certification was completed by the time of filing 
the entry summary,'' could be edited as follows: ``The shipments/
products referenced herein entered within the 29th day after the mm/
dd/yyyy publication of the Final Determination Federal Register 
notice. This certification was completed on mm/dd/yyyy, within 45 
days of the Federal Register notice publication.''
    Similarly, the bullet in the exporter certification that reads, 
``This certification was completed by the time of shipment,'' could 
be edited as follows: ``The shipments/products referenced herein 
shipped within the 29th day after the mm/dd/yyyy publication of the 
Final Determination Federal Register notice. This certification was 
completed on mm/dd/yyyy, within 45 days of the Federal Register 
notice publication.''
    (b) Additionally, the exporter must provide the importer a copy 
of the exporter certification within 45 days of the publication of 
the final determination in the Federal Register.
    (2) For subject merchandise (1) shipped and/or (2) entered, or 
withdrawn from warehouse, for consumption on or after the date that 
is 30 days after publication of the final determination in the 
Federal Register, for which certifications are required:
    (a) The importer certification must be completed, signed, and 
dated by the deadline for filing of the entry summary for the 
relevant importation; and
    (b) The exporter certification must be completed, signed, dated 
and provided to the importer by the time of shipment of the relevant 
entries.

D. Importers and Exporters Not Eligible for the Certification 
Process

    (1) Importers and exporters of aluminum extrusions from the 
Socialist Republic of Vietnam (Vietnam):
     That were specifically identified above as not being 
eligible
     that were completed (including extruded) in Vietnam 
using aluminum previously extruded in China (including billets 
created from re-melted Chinese extrusions) and/or
     that do not meet the certification requirements 
detailed above are not eligible for the certification process 
detailed above.
    (2) For aluminum extrusions completed in Vietnam from aluminum 
previously extruded in China (including billets created from re-
melted Chinese extrusions) and, thus, subject to the antidumping 
duty (AD) and countervailing duty (CVD) orders on aluminum 
extrusions from the People's Republic of China, A-570-967 and C-570-
968, respectively, Commerce has established the following third-
country case numbers in the Automated Commercial Environment (ACE): 
A-552-998 and C-552-999.
    (3) For unliquidated entries (and entries for which liquidation 
has not become final) of merchandise not eligible for the 
certifications, that entered as non-AD/CVD type entries (e.g., type 
01) that were shipped and/or entered, or withdrawn from warehouse, 
for consumption during the period, March 5, 2018 (the date of 
publication of the initiation of these circumvention inquiries) 
through the 29th day after the date of publication of the final 
determination in the Federal Register, importers should file a Post 
Summary Correction with CBP, as applicable, in accordance with CBP's 
regulations, regarding conversion of such entries from non-AD/CVD 
type entries to AD/CVD type (e.g., types 03, 06,) entries and report 
those AD/CVD type entries using the third-country case numbers, A-
552-998 and C-552-999. Similarly, the importer should pay cash 
deposits on those entries, consistent with the regulations governing 
post summary corrections, that require payment of additional duties.
    (4) Further, Commerce intends to instruct CBP to suspend (under 
the third-country case numbers identified above) all unliquidated 
shipments of aluminum extrusions completed in Vietnam for which the 
certification and/or documentation requirements have not been met, 
and to require the importer to post applicable AD and CVD cash 
deposits equal to the rates as determined by Commerce. Entries 
suspended under these third-country case numbers will be liquidated 
pursuant to applicable administrative reviews of the China AD and 
CVD orders or through the automatic liquidation process.

Appendix III

Importer Certification

    I hereby certify that:
     My name is {INSERT COMPANY OFFICIAL'S NAME{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 aluminum extrusions completed in Vietnam that entered under 
entry number(s) {INSERT ENTRY NUMBER(S){time}  and are covered by 
this certification. ``Direct personal knowledge''

[[Page 39808]]

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 substrate used to produce 
the imported products);
     The aluminum extrusions completed (including extruded) 
in Vietnam do not contain aluminum previously extruded in China 
(including billets created from re-melted Chinese extrusions), 
regardless of whether sourced directly from a Chinese producer or 
from a downstream supplier;
     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, (attesting to the production and/or export of the 
imported merchandise identified above), for the later of (1) a 
period of five years from the date of entry or (2) a period of three 
years after the conclusion of any litigation in United States courts 
regarding such entries;
     I understand that {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) and countervailing duty (CVD) cash deposits 
(as appropriate) equal to the rates determined by Commerce;
     I understand that agents of the importer, such as 
brokers, are not permitted to make this certification;
     This certification was completed by the time of filing 
the entry summary; and
     I am aware that U.S. law (including, but not limited 
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who 
knowingly and willfully make materially false statements to the U.S. 
government.

Signature

NAME OF COMPANY OFFICIAL

TITLE

DATE

Appendix IV

Exporter Certification

    I hereby certify that:
     My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time}  
and I am an official of {INSERT NAME OF EXPORTING COMPANY{time} ;
     I have direct personal knowledge of the facts regarding 
the production and exportation of the aluminum extrusions identified 
below. ``Direct personal knowledge'' refers to facts the certifying 
party is expected to have in its own books and records. For example, 
an exporter should have ``direct personal knowledge'' of the 
producer's identity and location;
     Thee aluminum extrusions completed (including extruded) 
in Vietnam do not contain aluminum previously extruded in China 
(including billets created from re-melted Chinese extrusions), 
regardless of whether sourced directly from a Chinese producer or 
from a downstream supplier;
     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) and countervailing duty (CVD) cash deposits 
(as appropriate) equal to the rates as determined by Commerce;
     This certification was completed by the time of 
shipment; and
     I am aware that U.S. law (including, but not limited 
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who 
knowingly and willfully make materially false statements to the U.S. 
government.

Signature

NAME OF COMPANY OFFICIAL

TITLE

DATE

[FR Doc. 2019-17194 Filed 8-9-19; 8:45 am]
 BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.