Certain Corrosion-Resistant Steel Products From Taiwan: Affirmative Final Determination of Circumvention Inquiry on the Antidumping Duty Order, 70937-70941 [2019-27815]

Download as PDF Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices 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/countervailing duty (AD and/or CVD) 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 materially false statements to the U.S. government. Signature lllllllllllllllllllll Name of Company Official lllllllllllllllllllll Title lllllllllllllllllllll Date khammond on DSKJM1Z7X2PROD with NOTICES Appendix IV Exporter Certification I hereby certify that: • My name is {INSERT COMPANY OFFICIAL’S NAME HERE} and I am an official of {INSERT NAME OF EXPORTING COMPANY}; • I have direct personal knowledge of the facts regarding the production and exportation of the 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. • The {MERCHANDISE} covered by this certification was produced by {NAME OF PRODUCING COMPANY}, located at VerDate Sep<11>2014 16:53 Dec 23, 2019 Jkt 250001 {ADDRESS OF PRODUCING COMPANY}; for each additional company, repeat: {NAME OF PRODUCING COMPANY}, located at {ADDRESS OF PRODUCING COMPANY}. • 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/countervailing duty (AD and/or CVD) cash deposits equal to the rates as determined by Commerce; • This certification was completed at or prior to the time of shipment; and • I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature lllllllllllllllllllll Name of Company Official lllllllllllllllllllll Title lllllllllllllllllllll Date [FR Doc. 2019–27816 Filed 12–23–19; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 70937 DEPARTMENT OF COMMERCE International Trade Administration [A–583–856] Certain Corrosion-Resistant Steel Products From Taiwan: Affirmative Final Determination of Circumvention Inquiry on the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of certain corrosion-resistant steel products (CORE), completed in the Socialist Republic of Vietnam (Vietnam) using carbon hot-rolled steel (HRS) and/ or cold-rolled steel (CRS) flat products manufactured in Taiwan, are circumventing the antidumping duty (AD) order on CORE from Taiwan. DATES: Applicable December 26, 2019. FOR FURTHER INFORMATION CONTACT: Shanah Lee or Peter Zukowski, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6386 and (202) 482–0189, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On July 11, 2019, Commerce published the Preliminary Determination 1 of circumvention of the Taiwan CORE Order.2 A summary of 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 IDM.3 The IDM 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:// 1 See Certain Corrosion-Resistant Steel Products from Taiwan: Affirmative Preliminary Determination of Anti-Circumvention Inquiry on the Antidumping Duty Order, 84 FR 32864 (July 10, 2019) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. 2 See Certain Corrosion-Resistant Steel Products from India, Italy, the People’s Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016) (Taiwan CORE Order). 3 See Memorandum, ‘‘Issues and Decision Memorandum for Anti-Circumvention Inquiry on the Antidumping Duty Order on Certain CorrosionResistant Steel Products from Taiwan,’’ dated concurrently with, and hereby adopted by, this notice (IDM). E:\FR\FM\26DEN1.SGM 26DEN1 70938 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices 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 IDM can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and the electronic versions of the IDM are identical in content. Scope of the Order The products covered by this order are certain flat-rolled steel products, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickelor iron-based alloys, whether or not corrugated or painted, varnished, laminated, or coated with plastics or other non-metallic substances in addition to the metallic coating. For a complete description of the scope of the order, see the IDM. Scope of the Anti-Circumvention Inquiry This anti-circumvention inquiry covers CORE completed in Vietnam from HRS and/or CRS substrate manufactured in Taiwan and subsequently exported from Vietnam to the United States (merchandise under consideration). This final ruling applies to all shipments of merchandise under consideration entered on or after the date of the initiation of this inquiry. Importers and exporters of CORE produced in Vietnam using: (1) HRS manufactured in Vietnam or third countries, (2) CRS manufactured in Vietnam using HRS produced in Vietnam or third countries, or (3) CRS manufactured in third countries, must certify that the HRS and/or CRS processed into CORE in Vietnam did not originate in Taiwan, as provided for in the certifications attached to the Federal Register notice. Otherwise, their merchandise may be subject to antidumping duties. khammond on DSKJM1Z7X2PROD with NOTICES Methodology Commerce is conducting this anticircumvention inquiry in accordance with section 781(b) of the Tariff Act of 1930, as amended (the Act). Because Vietnam is a non-market economy, within the meaning of section 771(18) of the Act,4 Commerce calculated the value of certain processing and merchandise using factors of production 4 See, e.g., Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review, 81 FR 24797 (October 14, 2016) unchanged in Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Final Results Antidumping Administrative Review; 2014–2015, 82 FR 18611 (April 20, 2017). VerDate Sep<11>2014 16:53 Dec 23, 2019 Jkt 250001 and market economy values, as discussed in section 773(c) of the Act. See Preliminary Decision Memorandum for a full description of the methodology. We have continued to apply this methodology for our final determination. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this inquiry are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as Appendix I. Based on our analysis of the comments received and our findings at verification, we made certain changes to the value of further processing calculation, value of input purchases from Taiwan, and pattern of trade analysis since the Preliminary Determination. These changes are discussed in the IDM. See the ‘‘Changes since the Preliminary Determination’’ section. Final Affirmative Determination of Circumvention We determine that exports to the United States of CORE produced in Vietnam from HRS or CRS substrate manufactured in Taiwan are circumventing the Taiwan CORE Order. We therefore find it appropriate to determine that this merchandise falls within the Taiwan CORE Order, and to instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of any entries of CORE from Vietnam produced using HRS or CRS substrate manufactured in Taiwan. Continuation of Suspension of Liquidation As stated above, Commerce has made an affirmative determination of circumvention of the Taiwan CORE Order by exports to the United States of CORE produced in Vietnam using Taiwan-origin HRS or CRS substrate. This circumvention finding applies to CORE produced by any Vietnamese company using Taiwan-origin HRS or CRS substrate. In accordance with 19 CFR 351.225(1)(3), Commerce will direct CBP to continue to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of CORE produced in Vietnam using Taiwan-origin HRS or CRS substrate that were entered, or withdrawn from warehouse, for consumption on or after August 2, 2018, the date of initiation of this anticircumvention inquiry. The suspension of liquidation and cash deposit instructions will remain in effect until further notice. In order to prevent evasion, and because the AD PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 and countervailing duty (CVD) rates established in China CORE Circumvention Determination 5 are higher than the rates established for CORE from Korea and Taiwan, and the rates established for CORE from Korea are higher than the AD rate established for CORE from Taiwan, Commerce will instruct CBP to suspend liquidation and collect cash deposits in the following manner. In the situation where no certification regarding the origin of the substrate is maintained for an entry, and AD/CVD orders from three countries (China, Korea, or Taiwan) potentially apply to that entry, Commerce will instruct CBP to suspend the entry and collect cash deposits at the AD rate established for the China-wide entity (199.43 percent) and the CVD rate established for the China all-others rate (39.05 percent) pursuant to the China Core Circumvention Determination.6 In the situation where a certification is maintained for the AD/CVD orders on CORE from China (stating that the merchandise was not produced from HRS and/or CRS from China), but no other certification is maintained, Commerce intends to instruct CBP to suspend the entry and collect cash deposits at the AD and CVD all-others rates (i.e., 8.31 percent and 1.19 percent, respectively) applicable to the AD/CVD orders on CORE from Korea.7 In the situation where a certification is maintained for the AD order on CORE from China (stating that the merchandise was not produced from HRS and/or CRS from China), and for the AD order on CORE from Korea (stating that the merchandise was not produced from HRS and/or CRS from Korea), but no other certification is maintained, Commerce intends to instruct CBP to suspend the entry and collect cash deposits at the AD all5 See Certain Corrosion-Resistant Steel Products from the People’s Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders, 83 FR 23895 (May 23, 2018) (China CORE Circumvention Determination). 6 Id. 7 See Certain Corrosion-Resistant Steel Flat Products from India, Italy, the People’s Republic of China, the Republic of Korea, and Taiwan: Amended Final Affirmative Antidumping Duty Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016). The ‘‘all-others rate’’ was subsequently amended as the result to litigation. See Certain Corrosion-Resistant Steel Products from the Republic of Korea: Notice of Court Decision Not in Harmony with Final Determination of Investigation and Notice of Amended Final Results, 83 FR 39054 (August 8, 2018); see also Certain CorrosionResistant Steel Products from India, Italy, Republic of Korea, and the People’s Republic of China: Countervailing Duty Order, 81 FR 48387 (July 25, 2016) (collectively, Korea CORE Orders). E:\FR\FM\26DEN1.SGM 26DEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices others rate (i.e., 3.66 percent) applicable to the AD order on CORE from Taiwan. CORE produced in Vietnam from HRS or CRS substrate that is not of Taiwanorigin is not subject to this inquiry. Therefore, cash deposits are not required for such merchandise. However, CORE produced in Vietnam from HRS and/or CRS from China is subject to the AD/CVD orders on CORE from China, and CORE produced in Vietnam from HRS and/or CRS from Korea is subject to the AD order on CORE from Korea. If an importer imports CORE from Vietnam and claims that the CORE was produced from nonTaiwanese HRS or CRS substrate, in order not to be subject to cash deposit requirements, the importer and exporter are required to meet the certification and documentation requirements described in Appendix II. Exporters of CORE produced in Vietnam from nonTaiwan-origin HRS or CRS substrate must prepare and maintain an Exporter Certification and documentation supporting the Exporter Certification (see Appendix IV). In addition, importers of such CORE must prepare and maintain an Importer Certification (see Appendix III) as well as documentation supporting the Importer Certification. In addition to the Importer Certification, the importer must also maintain a copy of the Exporter Certification (see Appendix IV) and relevant supporting documentation from its exporter of CORE produced from non-Taiwan-origin HRS or CRS substrate. For this final determination, we determine that the following companies are not eligible for the certification process: 190 Steel Pipe Co. Ltd.; Chinh Dai Steel Limited; Hoa Phat Steel Pipe; Perstima Viet Nam; Prima Commodities Co.; Thong Nhat Flat Steel; Trung Nguyen Steel Co.; Vietnam Germany Steel JSC; Vietnam Steel Corp.; Thai Nguyen Iron and Steel Corp.; Vina Kyoei Steel Ltd.; and Vietnam Steel Pipe. Accordingly, importers of CORE from Vietnam produced and/or exported by these ineligible companies are similarly ineligible for the certification process with regard to those imports. Additionally, exporters are not eligible to certify shipments of merchandise produced by the above-listed companies. Accordingly, Hoa Phat Group Joint Stock Company and Hoa Phat Steel Sheet are not eligible to certify shipments of CORE produced by Hoa Phat Steel Pipe.8 8 See IDM at Comment 9. VerDate Sep<11>2014 16:53 Dec 23, 2019 Jkt 250001 Notification Regarding Administrative Protective Orders This notice will serve as the only reminder to all 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 of 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 This determination is issued and published in accordance with section 781(b) of the Act and 19 CFR 351.225(f). Dated: December 13, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance . Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Scope of the Anti-Circumvention Inquiry V. Changes Since the Preliminary Determination VI. Statutory Framework VII. Statutory Analysis VIII. Discussion of the Issues Comment 1: Whether Companies That Did Not Receive Commerce’s Quantity and Value (Q&V) Questionnaire Should Be Permitted to Participate in the Certification Process Comment 2: Whether Commerce Abused Its Discretion in Rejecting the Q&V Questionnaire Responses of Certain Companies Comment 3: Whether Commerce Lacks Statutory Authority to Apply AFA Where Respondents Did Not Deprive Commerce of Information Regarding Its Ability To Trace Inputs Comment 4: Whether Commerce’s Use of AFA Impermissibly Departs Without Explanation from Its Decision in the China Anti-Circumvention Inquiry Comment 5: Whether Precluding Certain Importers and Exporters from Participating in the Certification Process is Inappropriate and Unfairly Punishes Importers Comment 6: Whether Commerce Should Allow Additional Time for Completing Certification for Pre-Preliminary Determination Entries Comment 7: Whether a Country-Wide Determination is Justified Comment 8: Whether Commerce’s Interpretation of Section 781(b) of the Act Applies to the CORE Production Process in Vietnam and Expands the Scope of the Taiwan CORE Order PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 70939 Comment 9: Whether Commerce Should Amend the Exporter Certification Language to Prevent Funneling Comment 10: Whether to Apply AFA to Certain Vietnamese Producers that are Affiliated with Those that are Deemed Non-Responsive Comment 11: Whether Commerce Should Preclude Companies that Failed to Cooperate in Both the CORE from China and CORE from Taiwan Inquiries from Participating in the Certification Regime Comment 12: Whether to Apply the Highest of the Petition Rate or Investigation Calculated Rate as the Cash Deposit Rate for Non-Responsive Companies Comment 13: Whether CSVC’s Manufacturing Operations in Vietnam Constitute Circumvention Under the Statutory Criteria Established in Section 781(b)(2) of the Act Comment 14: Whether Nam Kim Should Be Eligible for Certification IX. Recommendation Appendix II Certification Requirements If an importer imports certain corrosionresistant steel products (CORE) from the Socialist Republic of Vietnam (Vietnam) and claims that the CORE was not produced from hot-rolled steel and/or cold-rolled steel substrate (substrate) manufactured in Taiwan, the importer is required to complete and maintain the importer certification attached hereto as Appendix III and all supporting documentation. Where the importer uses a broker to facilitate the entry process, it should obtain the entry number from the broker. Agents of the importer, such as brokers, however, are not permitted to make this certification on behalf of the importer. The exporter is required to complete and maintain the exporter certification, attached as Appendix IV, and is further required to provide the importer a copy of that certification and all supporting documentation. As discussed in the Issues and Decisions Memorandum, for this final determination, we are extending the period for completing certifications for shipments and/or entries during the August 2, 2018 through July 18, 2019 period established in the Preliminary Determination. Accordingly, 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 final determination notice in the Federal Register. For companies that were not eligible to certify pursuant to the Preliminary Determination, but are now eligible pursuant to the final determination, we are also extending the period for completion of their certifications for shipments and/or entries from August 2, 2018 through the date of Federal Register publication of the final determination until 30 days after publication of this determination. Accordingly, where appropriate, the relevant bullet in the certification should be edited to reflect that the certification was E:\FR\FM\26DEN1.SGM 26DEN1 khammond on DSKJM1Z7X2PROD with NOTICES 70940 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices 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 final 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 final 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 the date of publication of this notice in the Federal Register, 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. For shipments and/or entries made on or after 10 days after the date of publication of this final determination, exporters should use the certification contained below that incorporates additional information that was not in the preliminary determination certification. Specifically, the certification now requires identification of the producer of the merchandise being exported to the United States. 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 maintained for an entry, and AD/CVD orders from three countries (China, Korea, or Taiwan) potentially apply to that entry, Commerce intends to instruct CBP to suspend the entry and collect cash deposits at the CORE China Circumvention Final rates (i.e., the AD rate established for the Chinawide entity (199.43 percent) and the CVD rate established for China all-others rate VerDate Sep<11>2014 16:53 Dec 23, 2019 Jkt 250001 (39.05 percent)).9 In the situation where a certification is maintained for the AD/CVD orders on CORE from China (stating that the merchandise was not produced from HRS and/or CRS from China), but no other certification is maintained, then Commerce intends to instruct CBP to suspend the entry and collect cash deposits at the AD and CVD all-others rates (i.e., 8.31 percent and 1.19 percent, respectively) applicable to the AD/ CVD orders on CORE from Korea. In the situation where a certification is maintained for the AD order on CORE from China (stating that the merchandise was not produced from HRS and/or CRS from China), and for the AD order on CORE from Korea (stating that the merchandise was not produced from HRS and/or CRS from Korea), but no other certification is maintained, Commerce intends to instruct CBP to suspend the entry and collect cash deposits at the AD all-others rate (i.e., 3.66 percent) applicable to the AD order on CORE from Taiwan. Appendix III Importer Certification I hereby certify that: • My name is {INSERT COMPANY OFFICIAL’S NAME HERE} and I am an official of {INSERT NAME OF IMPORTING COMPANY}; • I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the corrosion-resistant steel products produced in Vietnam that entered under entry number(s) {INSERT ENTRY NUMBER(S)} and are covered by this certification. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own records. For example, the importer should have ‘‘direct personal knowledge’’ of the importation of the product (e.g., the name of the exporter) in its records; • I have personal knowledge of the facts regarding the production of the imported products covered by this certification. ‘‘Personal knowledge’’ includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the source of the input used to produce the imported products); • These corrosion-resistant steel products produced in Vietnam do not contain hotrolled steel and/or cold-rolled steel substrate produced in Taiwan: • I understand that {INSERT NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, productions records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries; • I understand that {INSERT NAME OF IMPORTING COMPANY} is required to 9 See CORE China Circumvention Final, 83 FR at 23896. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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 materially false statements to the U.S. government. Signature lllllllllllllllllllll Name of Company Official lllllllllllllllllllll Title lllllllllllllllllllll Date Appendix IV Exporter Certification I hereby certify that: • My name is {INSERT COMPANY OFFICIAL’S NAME HERE} and I am an official of {INSERT NAME OF EXPORTING COMPANY}; • I have direct personal knowledge of the facts regarding the production and exportation of the corrosion-resistant steel products that were sold to the United States under invoice number(s) INSERT INVOICE NUMBER(S). ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have ‘‘direct personal knowledge’’ of the producer’s identity and location. • The {MERCHANDISE} covered this certification was produced by {NAME OF PRODUCING COMPANY}, located at {ADDRESS OF PRODUCING COMPANY}; for each additional company, repeat: {NAME OF PRODUCING COMPANY}, located at {ADDRESS OF PRODUCING COMPANY}. E:\FR\FM\26DEN1.SGM 26DEN1 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices • These corrosion-resistant steel products produced in Vietnam do not contain hotrolled steel and/or cold-rolled steel substrate produced in Taiwan: • I understand that {INSERT NAME OF EXPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, productions records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries; • I understand that {INSERT NAME OF EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer by the time of shipment; • I understand that {INSERT NAME OF EXPORTING COMPANY} is required to provide a copy of this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce); • I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/or Commerce; • I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in: Æ Suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met and Æ the requirement that the importer post applicable antidumping duty (AD) cash deposits equal to the rates as determined by Commerce; • This certification was completed at or prior to the time of shipment; • I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature lllllllllllllllllllll Name of Company Official lllllllllllllllllllll Title [FR Doc. 2019–27815 Filed 12–23–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration khammond on DSKJM1Z7X2PROD with NOTICES [A–523–813, A–580–903] Polyethylene Terephthalate Sheet From the Republic of Korea and the Sultanate of Oman: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable December 26, 2019. AGENCY: VerDate Sep<11>2014 16:53 Dec 23, 2019 Jkt 250001 FOR FURTHER INFORMATION CONTACT: Laurel LaCivita at (202) 482–4243 or Katherine Sliney at (202) 482–2437 (Republic of Korea (Korea)); Matthew Renkey at (202) 482–2312 or Javier Barrientos at (202) 482–2243 (Sultanate of Oman (Oman)), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On August 19, 2019, the Department of Commerce (Commerce) initiated lessthan-fair-value (LTFV) investigations of imports of polyethylene terephthalate sheet from Korea and Oman.1 Currently, the preliminary determinations are due no later than January 6, 2020. Postponement of Preliminary Determinations Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request.2 On December 3, 2019, the petitioners 3 submitted a timely request that Commerce postpone the preliminary determinations in these LTFV investigations.4 The petitioners stated that a postponement is necessary to 1 See Polyethylene Terephthalate Sheet from the Republic of Korea, Mexico, and the Sultanate of Oman: Initiation of Less-Than-Fair-Value Investigations, 84 FR 44854 (August 27, 2019). 2 See 19 CFR 351.205(e). 3 The petitioners are Advanced Extrusion Inc., ExTech Plastics, Inc., and Multi-Plastics Extrusions, Inc. (collectively, the petitioners). 4 See Petitioners’ Letter, ‘‘Polyethylene Terephthalate Sheet from Oman and Korea— Petitioners’ Request to Postpone Preliminary Determinations,’’ dated December 3, 2019. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 70941 provide Commerce with adequate time to solicit additional information from the respondents, to review supplemental questionnaire responses, and to consider petitioners’ particular market situation allegation.5 For the reasons stated above and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determinations by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, Commerce will issue its preliminary determinations no later than February 25, 2020. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date. Notification to Interested Parties This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: December 17, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–27694 Filed 12–23–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Advisory Committee on Supply Chain Competitiveness Charter Renewal International Trade Administration, U.S. Department of Commerce. ACTION: Notice. AGENCY: The Chief Financial Officer and Assistant Secretary for Administration, with the concurrence of the General Services Administration, renewed the Charter for the Advisory Committee on Supply Chain Competitiveness on November 14, 2019. DATES: The Charter for the Advisory Committee on Supply Chain Competitiveness was renewed on November 14, 2019. FOR FURTHER INFORMATION CONTACT: Richard Boll, Supply Chain Team, Room 11014, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; phone 202–482–1135; email: richard.boll@ trade.gov. SUMMARY: 5 Id. E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 70937-70941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27815]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-856]


Certain Corrosion-Resistant Steel Products From Taiwan: 
Affirmative Final Determination of Circumvention Inquiry on the 
Antidumping Duty Order

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

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

DATES: Applicable December 26, 2019.

FOR FURTHER INFORMATION CONTACT: Shanah Lee or Peter Zukowski, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6386 and (202) 482-0189, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 11, 2019, Commerce published the Preliminary Determination 
\1\ of circumvention of the Taiwan CORE Order.\2\ A summary of 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 IDM.\3\ The IDM 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://

[[Page 70938]]

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 IDM can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the IDM are identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Corrosion-Resistant Steel Products from Taiwan: 
Affirmative Preliminary Determination of Anti-Circumvention Inquiry 
on the Antidumping Duty Order, 84 FR 32864 (July 10, 2019) 
(Preliminary Determination) and accompanying Preliminary Decision 
Memorandum.
    \2\ See Certain Corrosion-Resistant Steel Products from India, 
Italy, the People's Republic of China, the Republic of Korea and 
Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016) (Taiwan CORE Order).
    \3\ See Memorandum, ``Issues and Decision Memorandum for Anti-
Circumvention Inquiry on the Antidumping Duty Order on Certain 
Corrosion-Resistant Steel Products from Taiwan,'' dated concurrently 
with, and hereby adopted by, this notice (IDM).
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Scope of the Order

    The products covered by this order are certain flat-rolled steel 
products, either clad, plated, or coated with corrosion-resistant 
metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-
based alloys, whether or not corrugated or painted, varnished, 
laminated, or coated with plastics or other non-metallic substances in 
addition to the metallic coating. For a complete description of the 
scope of the order, see the IDM.

Scope of the Anti-Circumvention Inquiry

    This anti-circumvention inquiry covers CORE completed in Vietnam 
from HRS and/or CRS substrate manufactured in Taiwan and subsequently 
exported from Vietnam to the United States (merchandise under 
consideration). This final ruling applies to all shipments of 
merchandise under consideration entered on or after the date of the 
initiation of this inquiry. Importers and exporters of CORE produced in 
Vietnam using: (1) HRS manufactured in Vietnam or third countries, (2) 
CRS manufactured in Vietnam using HRS produced in Vietnam or third 
countries, or (3) CRS manufactured in third countries, must certify 
that the HRS and/or CRS processed into CORE in Vietnam did not 
originate in Taiwan, as provided for in the certifications attached to 
the Federal Register notice. Otherwise, their merchandise may be 
subject to antidumping duties.

Methodology

    Commerce is conducting this anti-circumvention inquiry in 
accordance with section 781(b) of the Tariff Act of 1930, as amended 
(the Act). Because Vietnam is a non-market economy, within the meaning 
of section 771(18) of the Act,\4\ Commerce 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. See 
Preliminary Decision Memorandum for a full description of the 
methodology. We have continued to apply this methodology for our final 
determination.
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    \4\ See, e.g., Certain Oil Country Tubular Goods from the 
Socialist Republic of Vietnam: Preliminary Results of Antidumping 
Duty Administrative Review, 81 FR 24797 (October 14, 2016) unchanged 
in Certain Oil Country Tubular Goods from the Socialist Republic of 
Vietnam: Final Results Antidumping Administrative Review; 2014-2015, 
82 FR 18611 (April 20, 2017).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this inquiry are addressed in the Issues and Decision Memorandum. A 
list of the issues raised is attached to this notice as Appendix I.
    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the value of further 
processing calculation, value of input purchases from Taiwan, and 
pattern of trade analysis since the Preliminary Determination. These 
changes are discussed in the IDM. See the ``Changes since the 
Preliminary Determination'' section.

Final Affirmative Determination of Circumvention

    We determine that exports to the United States of CORE produced in 
Vietnam from HRS or CRS substrate manufactured in Taiwan are 
circumventing the Taiwan CORE Order. We therefore find it appropriate 
to determine that this merchandise falls within the Taiwan CORE Order, 
and to instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of any entries of CORE from Vietnam produced using 
HRS or CRS substrate manufactured in Taiwan.

Continuation of Suspension of Liquidation

    As stated above, Commerce has made an affirmative determination of 
circumvention of the Taiwan CORE Order by exports to the United States 
of CORE produced in Vietnam using Taiwan-origin HRS or CRS substrate. 
This circumvention finding applies to CORE produced by any Vietnamese 
company using Taiwan-origin HRS or CRS substrate. In accordance with 19 
CFR 351.225(1)(3), Commerce will direct CBP to continue to suspend 
liquidation and to require a cash deposit of estimated duties on 
unliquidated entries of CORE produced in Vietnam using Taiwan-origin 
HRS or CRS substrate that were entered, or withdrawn from warehouse, 
for consumption on or after August 2, 2018, the date of initiation of 
this anti-circumvention inquiry.
    The suspension of liquidation and cash deposit instructions will 
remain in effect until further notice. In order to prevent evasion, and 
because the AD and countervailing duty (CVD) rates established in China 
CORE Circumvention Determination \5\ are higher than the rates 
established for CORE from Korea and Taiwan, and the rates established 
for CORE from Korea are higher than the AD rate established for CORE 
from Taiwan, Commerce will instruct CBP to suspend liquidation and 
collect cash deposits in the following manner. In the situation where 
no certification regarding the origin of the substrate is maintained 
for an entry, and AD/CVD orders from three countries (China, Korea, or 
Taiwan) potentially apply to that entry, Commerce will instruct CBP to 
suspend the entry and collect cash deposits at the AD rate established 
for the China-wide entity (199.43 percent) and the CVD rate established 
for the China all-others rate (39.05 percent) pursuant to the China 
Core Circumvention Determination.\6\ In the situation where a 
certification is maintained for the AD/CVD orders on CORE from China 
(stating that the merchandise was not produced from HRS and/or CRS from 
China), but no other certification is maintained, Commerce intends to 
instruct CBP to suspend the entry and collect cash deposits at the AD 
and CVD all-others rates (i.e., 8.31 percent and 1.19 percent, 
respectively) applicable to the AD/CVD orders on CORE from Korea.\7\ In 
the situation where a certification is maintained for the AD order on 
CORE from China (stating that the merchandise was not produced from HRS 
and/or CRS from China), and for the AD order on CORE from Korea 
(stating that the merchandise was not produced from HRS and/or CRS from 
Korea), but no other certification is maintained, Commerce intends to 
instruct CBP to suspend the entry and collect cash deposits at the AD 
all-

[[Page 70939]]

others rate (i.e., 3.66 percent) applicable to the AD order on CORE 
from Taiwan.
---------------------------------------------------------------------------

    \5\ See Certain Corrosion-Resistant Steel Products from the 
People's Republic of China: Affirmative Final Determination of 
Circumvention of the Antidumping Duty and Countervailing Duty 
Orders, 83 FR 23895 (May 23, 2018) (China CORE Circumvention 
Determination).
    \6\ Id.
    \7\ See Certain Corrosion-Resistant Steel Flat Products from 
India, Italy, the People's Republic of China, the Republic of Korea, 
and Taiwan: Amended Final Affirmative Antidumping Duty Determination 
for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 
25, 2016). The ``all-others rate'' was subsequently amended as the 
result to litigation. See Certain Corrosion-Resistant Steel Products 
from the Republic of Korea: Notice of Court Decision Not in Harmony 
with Final Determination of Investigation and Notice of Amended 
Final Results, 83 FR 39054 (August 8, 2018); see also Certain 
Corrosion-Resistant Steel Products from India, Italy, Republic of 
Korea, and the People's Republic of China: Countervailing Duty 
Order, 81 FR 48387 (July 25, 2016) (collectively, Korea CORE 
Orders).
---------------------------------------------------------------------------

    CORE produced in Vietnam from HRS or CRS substrate that is not of 
Taiwan-origin is not subject to this inquiry. Therefore, cash deposits 
are not required for such merchandise. However, CORE produced in 
Vietnam from HRS and/or CRS from China is subject to the AD/CVD orders 
on CORE from China, and CORE produced in Vietnam from HRS and/or CRS 
from Korea is subject to the AD order on CORE from Korea. If an 
importer imports CORE from Vietnam and claims that the CORE was 
produced from non-Taiwanese HRS or CRS substrate, in order not to be 
subject to cash deposit requirements, the importer and exporter are 
required to meet the certification and documentation requirements 
described in Appendix II. Exporters of CORE produced in Vietnam from 
non-Taiwan-origin HRS or CRS substrate must prepare and maintain an 
Exporter Certification and documentation supporting the Exporter 
Certification (see Appendix IV). In addition, importers of such CORE 
must prepare and maintain an Importer Certification (see Appendix III) 
as well as documentation supporting the Importer Certification. In 
addition to the Importer Certification, the importer must also maintain 
a copy of the Exporter Certification (see Appendix IV) and relevant 
supporting documentation from its exporter of CORE produced from non-
Taiwan-origin HRS or CRS substrate.
    For this final determination, we determine that the following 
companies are not eligible for the certification process: 190 Steel 
Pipe Co. Ltd.; Chinh Dai Steel Limited; Hoa Phat Steel Pipe; Perstima 
Viet Nam; Prima Commodities Co.; Thong Nhat Flat Steel; Trung Nguyen 
Steel Co.; Vietnam Germany Steel JSC; Vietnam Steel Corp.; Thai Nguyen 
Iron and Steel Corp.; Vina Kyoei Steel Ltd.; and Vietnam Steel Pipe. 
Accordingly, importers of CORE from Vietnam produced and/or exported by 
these ineligible companies are similarly ineligible for the 
certification process with regard to those imports. Additionally, 
exporters are not eligible to certify shipments of merchandise produced 
by the above-listed companies. Accordingly, Hoa Phat Group Joint Stock 
Company and Hoa Phat Steel Sheet are not eligible to certify shipments 
of CORE produced by Hoa Phat Steel Pipe.\8\
---------------------------------------------------------------------------

    \8\ See IDM at Comment 9.
---------------------------------------------------------------------------

Notification Regarding Administrative Protective Orders

    This notice will serve as the only reminder to all 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 of 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

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

    Dated: December 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance .

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Scope of the Anti-Circumvention Inquiry
V. Changes Since the Preliminary Determination
VI. Statutory Framework
VII. Statutory Analysis
VIII. Discussion of the Issues
    Comment 1: Whether Companies That Did Not Receive Commerce's 
Quantity and Value (Q&V) Questionnaire Should Be Permitted to 
Participate in the Certification Process
    Comment 2: Whether Commerce Abused Its Discretion in Rejecting 
the Q&V Questionnaire Responses of Certain Companies
    Comment 3: Whether Commerce Lacks Statutory Authority to Apply 
AFA Where Respondents Did Not Deprive Commerce of Information 
Regarding Its Ability To Trace Inputs
    Comment 4: Whether Commerce's Use of AFA Impermissibly Departs 
Without Explanation from Its Decision in the China Anti-
Circumvention Inquiry
    Comment 5: Whether Precluding Certain Importers and Exporters 
from Participating in the Certification Process is Inappropriate and 
Unfairly Punishes Importers
    Comment 6: Whether Commerce Should Allow Additional Time for 
Completing Certification for Pre-Preliminary Determination Entries
    Comment 7: Whether a Country-Wide Determination is Justified
    Comment 8: Whether Commerce's Interpretation of Section 781(b) 
of the Act Applies to the CORE Production Process in Vietnam and 
Expands the Scope of the Taiwan CORE Order
    Comment 9: Whether Commerce Should Amend the Exporter 
Certification Language to Prevent Funneling
    Comment 10: Whether to Apply AFA to Certain Vietnamese Producers 
that are Affiliated with Those that are Deemed Non-Responsive
    Comment 11: Whether Commerce Should Preclude Companies that 
Failed to Cooperate in Both the CORE from China and CORE from Taiwan 
Inquiries from Participating in the Certification Regime
    Comment 12: Whether to Apply the Highest of the Petition Rate or 
Investigation Calculated Rate as the Cash Deposit Rate for Non-
Responsive Companies
    Comment 13: Whether CSVC's Manufacturing Operations in Vietnam 
Constitute Circumvention Under the Statutory Criteria Established in 
Section 781(b)(2) of the Act
    Comment 14: Whether Nam Kim Should Be Eligible for Certification
IX. Recommendation

Appendix II

Certification Requirements

    If an importer imports certain corrosion-resistant steel 
products (CORE) from the Socialist Republic of Vietnam (Vietnam) and 
claims that the CORE was not produced from hot-rolled steel and/or 
cold-rolled steel substrate (substrate) manufactured in Taiwan, the 
importer is required to complete and maintain the importer 
certification attached hereto as Appendix III and all supporting 
documentation. Where the importer uses a broker to facilitate the 
entry process, it should obtain the entry number from the broker. 
Agents of the importer, such as brokers, however, are not permitted 
to make this certification on behalf of the importer.
    The exporter is required to complete and maintain the exporter 
certification, attached as Appendix IV, and is further required to 
provide the importer a copy of that certification and all supporting 
documentation.
    As discussed in the Issues and Decisions Memorandum, for this 
final determination, we are extending the period for completing 
certifications for shipments and/or entries during the August 2, 
2018 through July 18, 2019 period established in the Preliminary 
Determination. Accordingly, 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 final 
determination notice in the Federal Register.
    For companies that were not eligible to certify pursuant to the 
Preliminary Determination, but are now eligible pursuant to the 
final determination, we are also extending the period for completion 
of their certifications for shipments and/or entries from August 2, 
2018 through the date of Federal Register publication of the final 
determination until 30 days after publication of this determination.
    Accordingly, where appropriate, the relevant bullet in the 
certification should be edited to reflect that the certification was

[[Page 70940]]

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 final 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 
final 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 the date of publication 
of this notice in the Federal Register, 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.
    For shipments and/or entries made on or after 10 days after the 
date of publication of this final determination, exporters should 
use the certification contained below that incorporates additional 
information that was not in the preliminary determination 
certification. Specifically, the certification now requires 
identification of the producer of the merchandise being exported to 
the United States. 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 maintained for an 
entry, and AD/CVD orders from three countries (China, Korea, or 
Taiwan) potentially apply to that entry, Commerce intends to 
instruct CBP to suspend the entry and collect cash deposits at the 
CORE China Circumvention Final rates (i.e., the AD rate established 
for the China-wide entity (199.43 percent) and the CVD rate 
established for China all-others rate (39.05 percent)).\9\ In the 
situation where a certification is maintained for the AD/CVD orders 
on CORE from China (stating that the merchandise was not produced 
from HRS and/or CRS from China), but no other certification is 
maintained, then Commerce intends to instruct CBP to suspend the 
entry and collect cash deposits at the AD and CVD all-others rates 
(i.e., 8.31 percent and 1.19 percent, respectively) applicable to 
the AD/CVD orders on CORE from Korea. In the situation where a 
certification is maintained for the AD order on CORE from China 
(stating that the merchandise was not produced from HRS and/or CRS 
from China), and for the AD order on CORE from Korea (stating that 
the merchandise was not produced from HRS and/or CRS from Korea), 
but no other certification is maintained, Commerce intends to 
instruct CBP to suspend the entry and collect cash deposits at the 
AD all-others rate (i.e., 3.66 percent) applicable to the AD order 
on CORE from Taiwan.
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    \9\ See CORE China Circumvention Final, 83 FR at 23896.
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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 corrosion-resistant steel products produced in Vietnam that 
entered under entry number(s) {INSERT ENTRY NUMBER(S){time}  and are 
covered by this certification. ``Direct personal knowledge'' refers 
to facts the certifying party is expected to have in its own 
records. For example, the importer should have ``direct personal 
knowledge'' of the importation of the product (e.g., the name of the 
exporter) in its records;
     I have personal knowledge of the facts regarding the 
production of the imported products covered by this certification. 
``Personal knowledge'' includes facts obtained from another party, 
(e.g., correspondence received by the importer (or exporter) from 
the producer regarding the source of the input used to produce the 
imported products);
     These corrosion-resistant steel products produced in 
Vietnam do not contain hot-rolled steel and/or cold-rolled steel 
substrate produced in Taiwan:
     I understand that {INSERT NAME OF IMPORTING 
COMPANY{time}  is required to maintain a copy of this certification 
and sufficient documentation supporting this certification (i.e., 
documents maintained in the normal course of business, or documents 
obtained by the certifying party, for example, mill certificates, 
productions records, invoices, etc.) for the later of (1) a period 
of five years from the date of entry or (2) a period of three years 
after the conclusion of any litigation in the United States courts 
regarding such entries;
     I understand that {INSERT NAME OF IMPORTING 
COMPANY{time}  is required to provide this certification and 
supporting records, upon request, to U.S. Customs and Border 
Protection (CBP) and/or the Department of Commerce (Commerce);
     I understand that {INSERT NAME OF IMPORTING 
COMPANY{time}  is required to maintain a copy of the exporter's 
certification for the later of (1) a period of five years from the 
date of entry or (2) a period of three years after the conclusion of 
any litigation in United States courts regarding such entries;
     I understand that {INSERT NAME OF IMPORTING 
COMPANY{time}  is required to maintain and provide a copy of the 
exporter's certification and supporting records, upon request, to 
CBP and/or Commerce;
     I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
     I understand that failure to maintain the required 
certification and/or failure to substantiate the claims made herein 
will result in:
    [cir] Suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met and
    [cir] the requirement that the importer post applicable 
antidumping duty (AD) cash deposits equal to the rates as determined 
by Commerce;
     I understand that agents of the importer, such as 
brokers, are not permitted to make this certification;
     This certification was completed at or prior to the 
time of Entry; and
     I am aware that U.S. law (including, but not limited 
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who 
knowingly and willfully make materially false statements to the U.S. 
government.

Signature
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Name of Company Official
-----------------------------------------------------------------------
Title
-----------------------------------------------------------------------
Date

Appendix IV

Exporter Certification

    I hereby certify that:
     My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time}  
and I am an official of {INSERT NAME OF EXPORTING COMPANY{time} ;
     I have direct personal knowledge of the facts regarding 
the production and exportation of the corrosion-resistant steel 
products that were sold to the United States under invoice number(s) 
INSERT INVOICE NUMBER(S). ``Direct personal knowledge'' refers to 
facts the certifying party is expected to have in its own books and 
records. For example, an exporter should have ``direct personal 
knowledge'' of the producer's identity and location.
     The {MERCHANDISE{time}  covered this certification was 
produced by {NAME OF PRODUCING COMPANY{time} , located at {ADDRESS 
OF PRODUCING COMPANY{time} ; for each additional company, repeat: 
{NAME OF PRODUCING COMPANY{time} , located at {ADDRESS OF PRODUCING 
COMPANY{time} .

[[Page 70941]]

     These corrosion-resistant steel products produced in 
Vietnam do not contain hot-rolled steel and/or cold-rolled steel 
substrate produced in Taiwan:
     I understand that {INSERT NAME OF EXPORTING 
COMPANY{time}  is required to maintain a copy of this certification 
and sufficient documentation supporting this certification (i.e., 
documents maintained in the normal course of business, or documents 
obtained by the certifying party, for example, mill certificates, 
productions records, invoices, etc.) for the later of (1) a period 
of five years from the date of entry or (2) a period of three years 
after the conclusion of any litigation in the United States courts 
regarding such entries;
     I understand that {INSERT NAME OF EXPORTING 
COMPANY{time}  must provide this Exporter Certification to the U.S. 
importer by the time of shipment;
     I understand that {INSERT NAME OF EXPORTING 
COMPANY{time}  is required to provide a copy of this certification 
and supporting records, upon request, to U.S. Customs and Border 
Protection (CBP) and/or the Department of Commerce (Commerce);
     I understand that the claims made herein, and the 
substantiating documentation are subject to verification by CBP and/
or Commerce;
     I understand that failure to maintain the required 
certification and/or failure to substantiate the claims made herein 
will result in:
    [cir] Suspension of all unliquidated entries (and entries for 
which liquidation has not become final) for which these requirements 
were not met and
    [cir] the requirement that the importer post applicable 
antidumping duty (AD) cash deposits equal to the rates as determined 
by Commerce;
     This certification was completed at or prior to the 
time of shipment;
     I am aware that U.S. law (including, but not limited 
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who 
knowingly and willfully make materially false statements to the U.S. 
government.
Signature
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Name of Company Official
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Title

[FR Doc. 2019-27815 Filed 12-23-19; 8:45 am]
 BILLING CODE 3510-DS-P