Certain Corrosion-Resistant Steel Products From Taiwan: Affirmative Preliminary Determination of Circumvention Inquiry Involving Malaysia, 8815-8818 [2020-03138]
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Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–856]
Certain Corrosion-Resistant Steel
Products From Taiwan: Affirmative
Preliminary Determination of
Circumvention Inquiry Involving
Malaysia
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that imports of certain corrosionresistant steel products (CORE)
completed in Malaysia, using hot-rolled
steel (HRS) and/or cold-rolled steel
(CRS) flat products manufactured in
Taiwan, are circumventing the
antidumping duty (AD) order on CORE
from Taiwan.
DATES: Applicable February 18, 2020.
FOR FURTHER INFORMATION CONTACT:
Shanah Lee and Stephanie Berger, 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) 482–2483,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On August 12, 2019, Commerce selfinitiated a country-wide anticircumvention inquiry of the Taiwan
CORE Order 1 covering Taiwaneseorigin HRS and/or CRS exported to
Malaysia for completion into CORE and
subsequently exported to the United
States.2 In the Initiation Notice,
Commerce initiated the instant anticircumvention inquiry based on
available information and an analysis
pursuant to section 781(b) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.225(h), to determine
whether the importation of Taiwaneseorigin HRS or CRS substrate for
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1 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) (Taiwan CORE Order).
2 The notice of initiation was subsequently
published in the Federal Register on August 21,
2019. See Corrosion-Resistant Steel Products from
Taiwan: Initiation of Anti-Circumvention Inquiry on
the Antidumping Duty Order, 84 FR 43581 (August
21, 2019) (Initiation Notice) and accompanying
Memorandum, ‘‘Certain Corrosion-Resistant Steel
Products from Taiwan: Initiation of AntiCircumvention Inquiry on the Antidumping Duty
Order,’’ dated August 12, 2019.
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completion into CORE in Malaysia and
subsequent sale of that CORE to the
United States constitutes circumvention
of the Taiwan CORE Order.
For a complete description of the
record developed since the initiation of
this inquiry, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
I to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of
the main Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
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 Preliminary Decision
Memorandum.
Scope of the Anti-Circumvention
Inquiry
This anti-circumvention inquiry
covers CORE completed in Malaysia
from HRS and/or CRS substrate input
manufactured in Taiwan and
subsequently exported from Malaysia to
the United States (merchandise subject
to this inquiry).
Methodology
Commerce is conducting this anticircumvention inquiry in accordance
with section 781(b) of the Act. Because
certain interested parties did not
cooperate to the best of their abilities in
responding to Commerce’s requests for
information, we have based parts of our
preliminary determination on the facts
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the AntiCircumvention Inquiry of Certain CorrosionResistant Steel Products from Taiwan,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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8815
available, with adverse inferences,
pursuant to sections 776(a) and (b) of
the Act. For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Finding
As detailed in the Preliminary
Decision Memorandum, we
preliminarily determine that CORE
completed in Malaysia from HRS and/
or CRS substrate sourced from Taiwan
is circumventing the Taiwan CORE
Order. We therefore preliminarily
determine that it is appropriate to
include this merchandise within the
Taiwan CORE Order and to instruct U.S.
Customs and Border Protection (CBP) to
suspend any entries of CORE from
Malaysia produced from HRS and/or
CRS from Taiwan.
Suspension of Liquidation
As stated above, Commerce has made
a preliminary affirmative determination
that imports of CORE completed in
Taiwan, using HRS and/or CRS flat
products manufactured in China, are
circumventing the Taiwan CORE Order.
In accordance with 19 CFR
351.225(l)(2), Commerce will direct CBP
to suspend liquidation and to require a
cash deposit of estimated duties on
unliquidated entries of CORE produced
in Malaysia, as appropriate, that were
entered, or withdrawn from warehouse,
for consumption on or after August 12,
2019, the date of initiation of the anticircumvention inquiry. The suspension
of liquidation instructions will remain
in effect until further notice.
CORE produced in Malaysia from
HRS and/or CRS that is not of
Taiwanese-origin is not subject to this
inquiry. However, imports of such
merchandise are subject to certification
requirements, and cash deposits may be
required if the certification
requirements are not satisfied. CORE
completed in Malaysia from HRS and/
or CRS from China also has
preliminarily been found to be
circumventing the AD/CVD orders on
CORE from China and such
merchandise is subject to similar
certification requirements.4
Additionally, if an importer imports
CORE from Malaysia and claims that the
CORE was not produced from HRS and/
or CRS substrate manufactured in
Taiwan, the importer and exporter are
required to meet the certification and
documentation requirements described
4 See Federal Register notice, ‘‘Certain CorrosionResistant Steel Products from Taiwan: Affirmative
Preliminary Determination of Anti-Circumvention
Inquiry on the Antidumping Duty Order,’’ dated
concurrently with this notice.
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in Appendices II, III and IV, in order for
cash deposits pursuant to the Taiwan
CORE Order not to be required.
In the situation where no certification
is provided for an entry, and AD/CVD
orders from two countries (China and
Taiwan) potentially apply to that entry,
Commerce intends to instruct CBP to
suspend liquidation of the entry and
collect cash deposits at the rates
applicable to the China CORE Orders 5
(i.e., the AD rate established for the
China-wide entity (199.43 percent) and
the CVD rate established for all-other
Chinese producers/exporters (39.05
percent)).6 This is to prevent evasion,
given that the CORE China Orders rates
are higher than the AD rate established
for CORE from Taiwan. In the situation
where a certification is provided for the
AD/CVD orders on CORE from China
(stating that the merchandise was not
produced from HRS and/or CRS from
China), but no other certification is
provided, then Commerce intends to
instruct CBP to suspend the entry and
collect cash deposits at the AD allothers rate applicable to the Taiwan
CORE Order (i.e., 3.66 percent).
Commerce preliminarily determines
that the following companies are not
eligible for the certification process:
Hsin Kuang Steel Co Ltd; FIW Steel Sdn
Bhd; NS BlueScope Malaysia Sdn Bhd;
and YKGI/Yung Kong Galv. Ind/
Starshine Holdings Sdn Bhd/ASTEEL
Sdn Bhd. Additionally, exporters are
not eligible to certify shipments of
merchandise produced by above-listed
companies. Further, imports of CORE
from Malaysia that is produced and/or
exported by these ineligible companies
are similarly ineligible for the
certification process with regard to
those imports.
Verification
As provided in 19 CFR 351.307,
Commerce intends to verify information
relied upon in making its final
determination.
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Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last final
5 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); 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,
China CORE Orders).
6 See China CORE Orders.
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17:48 Feb 14, 2020
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verification report is issued in this anticircumvention inquiry, unless the
Secretary alters the time limit. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline date for case
briefs.7 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this anti-circumvention inquiry are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
International Trade Commission
Notification
Commerce, consistent with section
781(e) of the Act, has notified the
International Trade Commission (ITC) of
this preliminary determination to
include the merchandise subject to this
anti-circumvention inquiry within the
Taiwan CORE Order. Pursuant to
section 781(e) of the Act, the ITC may
request consultations concerning
Commerce’s proposed inclusion of the
merchandise subject to this inquiry. If,
after consultations, the ITC believes that
a significant injury issue is presented by
the proposed inclusion, it will have 60
days from the date of notification by
Commerce to provide written advice.
Notification to Interested Parties
This determination is issued and
published in accordance with section
781(b) of the Act and 19 CFR 351.225(f).
7 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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Dated: February 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Scope of the Anti-Circumvention Inquiry
V. Period of Inquiry
VI. Statutory Framework
VII. Use of Facts of Available With An
Adverse Inference
VIII. Anti-Circumvention Determination
IX. Country-Wide Determination
X. Certification for Not Using TaiwaneseOrigin HRS and/or CRS
XI. Verification
XII. Recommendation
Appendix II
Certification Requirements
If an importer imports certain corrosionresistant steel products (CORE) from
Malaysia and claims that the CORE was not
produced from hot-rolled steel and/or coldrolled 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 III, and is further required to
provide the importer a copy of that
certification and all supporting
documentation.
For shipments and/or entries on or after
August 12, 2019 through March 7, 2020 for
which certifications are required, importers
and exporters should complete the required
certification within 30 days of the
publication of this notice in the Federal
Register. Accordingly, where appropriate, the
relevant bullet in the certification should be
edited to reflect that the certification was
completed within the time frame specified
above. For example, the bullet in the
importer certification that reads: ‘‘This
certification was completed at or prior to the
time of Entry,’’ could be edited as follows:
‘‘The imports referenced herein entered
before March 8, 2020. This certification was
completed on mm/dd/yyyy, within 30 days
of the Federal Register notice publication of
the preliminary determination of
circumvention.’’ Similarly, the bullet in the
exporter certification that reads, ‘‘This
certification was completed at or prior to the
time of shipment,’’ could be edited as
follows: ‘‘The shipments/products referenced
herein shipped before March 8, 2020. This
certification was completed on mm/dd/yyyy,
within 30 days of the Federal Register notice
publication of the preliminary determination
of circumvention. For such entries/
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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
March 8, 2020, for which certifications are
required, importers should complete the
required certification at or prior to the date
of Entry and exporters should complete the
required certification and provide it to the
importer at or prior to the date of shipment.
The importer and Malaysian 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 (the importer must retain both
certifications) and supporting documentation
for the later of (1) a period of five years from
the date of entry or (2) a period of three years
after the conclusion of any litigation in
United States courts regarding such entries.
In the situation where no certification is
provided for an entry, and AD/CVD orders
from two countries (China and Taiwan)
potentially apply to that entry, Commerce
intends to instruct CBP to suspend the entry
and collect cash deposits at the rate
applicable to the China CORE Orders (i.e.,
the AD rate established for the China-wide
entity (199.43 percent) and the CVD rate
established for all-other Chinese producers/
exporters (39.05 percent)).8 In the situation
where a certification is provided for the AD/
CVD orders on CORE from China (stating that
the merchandise was not produced from HRS
and/or CRS from China), but no other
certification is provided, then Commerce
intends to instruct CBP to suspend the entry
and collect cash deposits at the AD all-others
rate applicable to the AD order on CORE
from Taiwan (i.e., 3.66%).
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•
•
Appendix III
Exporter Certification
I hereby certify that:
• My name is {COMPANY OFFICIAL’S
Producer
•
NAME} and I am an official of {NAME
OF EXPORTING COMPANY}, located at
{ADDRESS OF EXPORTING
COMPANY};
I have direct personal knowledge of the
facts regarding the production and
exportation of the corrosion resistant
steel products 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.
The corrosion resistant steel products
covered by this certification were
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}
The corrosion resistant steel products
produced in Malaysia were not
manufactured using hot-rolled steel and/
or cold-rolled steel substrate from
Taiwan;
This certification applies to the following
sales:
Invoice No.
• The corrosion resistant steel products
covered by this certification were sold to
{NAME OF U.S. CUSTOMER}, located at
{ADDRESS OF U.S. CUSTOMER}.
• The corrosion resistant steel products
covered by this certification were
shipped to {NAME OF PARTY TO
WHOM MERCHANDISE WAS
SHIPPED}, located at {ADDRESS OF
SHIPMENT}.
• I understand that {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,
production 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 {NAME OF EXPORTING
COMPANY} must provide a copy of this
Exporter Certification to the U.S.
importer by the time of shipment;
• I understand that {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,
8 See
•
Invoice line item No.
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,
and/or failure to allow CBP and/or
Commerce to verify the claims made
herein, may result in a de facto
determination that all sales to which this
certification applies are within the scope
of the antidumping/countervailing duty
order on corrosion resistant steel
products from Taiwan. I understand that
such finding 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 and/or
countervailing duty cash deposits (as
appropriate) equal to the rates as
determined by Commerce;
Æ the revocation of {NAME OF
EXPORTING COMPANY}’s privilege to
certify future exports of corrosion
resistant steel products from Malaysia as
not manufactured using hot-rolled steel
and/or cold-rolled steel substrate from
Taiwan.
• 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
NAME OF COMPANY OFFICIAL
TITLE
DATE
Importer Certification
I hereby certify that:
• My name is {IMPORTING COMPANY
OFFICIAL’S NAME} and I am an official
of {NAME OF IMPORTING COMPANY},
located at {ADRESS 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 Malaysia that entered under
entry number(s), identified below, and
which 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;
• The corrosion resistant steel products
covered by this certification were
exported by {NAME OF EXPORTING
COMPANY}, located at {ADDRESS OF
EXPORTING COMPANY}.
If the importer is acting on behalf of the first
U.S. customer, complete this paragraph:
• The corrosion resistant steel products
China CORE Orders.
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17:48 Feb 14, 2020
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covered by this certification were
imported by {NAME OF IMPORTING
COMPANY} on behalf of {NAME OF
U.S. CUSTOMER}, located at {ADDRESS
OF U.S. CUSTOMER}.
• The corrosion resistant steel products
covered by this certification were
shipped to {NAME OF PARTY TO
WHOM MERCHANDISE WAS FIRST
SHIPPED IN THE UNITED STATES},
located at {ADDRESS OF SHIPMENT}.
• I have personal knowledge of the facts
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Producer
17:48 Feb 14, 2020
Entry summary line item
No.
Entry summary No.
• I understand that {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,
production 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 {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 {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), and any supporting
records provided by the exporter to the
importer, 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 {NAME OF IMPORTING
COMPANY}is required to maintain and,
upon request, provide a copy of the
exporter’s certification and any
supporting records provided by the
exporter to the importer, 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 certifications, and/or failure to
substantiate the claims made herein,
and/or failure to allow CBP and/or
Commerce to verify the claims made
herein, may result in a de facto
determination that all entries to which
this certification applies are within the
scope of the antidumping/countervailing
duty order on corrosion resistant steel
products from Taiwan. I understand that
such finding will result in:
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regarding the production of the corrosion
resistant steel products identified below.
‘‘Personal knowledge’’ includes facts
obtained from another party, (e.g.,
correspondence received by the importer
(or exporter) from the producer regarding
the country of manufacture of the
imported products);
• The corrosion resistant steel products
covered by this certification were
produced by {NAME OF PRODUCING
COMPANY}, located at {ADDRESS OF
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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 and/or
countervailing duty cash deposits (as
appropriate) equal to the rates
determined by Commerce;
the revocation of {NAME OF IMPORTING
COMPANY}’s privilege to certify future
imports of corrosion resistant steel products
from Malaysia as not manufactured using
hot-rolled steel and/or cold-rolled steel
substrate from Taiwan.
• 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
NAME OF COMPANY OFFICIAL
TITLE
DATE
[FR Doc. 2020–03138 Filed 2–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–887]
Carbon and Alloy Steel Threaded Rod
From India: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that carbon and
alloy steel threaded rod (steel threaded
rod) from India is being, or is likely to
AGENCY:
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Fmt 4703
Sfmt 4703
PRODUCING COMPANY}; for each
additional company, repeat: {NAME OF
PRODUCING COMPANY}, located at
{ADDRESS OF PRODUCING
COMPANY}.
• The corrosion resistant steel products
covered by this certification were not
manufactured using hot-rolled steel and/
or cold-rolled steel substrate from
Taiwan.
• This certification applies to the following
entries:
Invoice No.
Invoice Line Item No.
be, sold in the United States at less than
fair value (LTFV).
DATES: Applicable February 18, 2020.
FOR FURTHER INFORMATION CONTACT:
Annathea Cook or Jerry Huang, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0250 or (202) 482–4047,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 25, 2019, Commerce
published the Preliminary
Determination in this LTFV
investigation.1 On January 9, 2020, we
issued a Post-Preliminary Determination
with respect to the petitioner’s
particular market situation allegation.2
We invited interested parties to
comment on the Preliminary
Determination and Post-Preliminary
Determination. 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
1 See Carbon and Alloy Steel Threaded Rod from
India: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of provisional
Measures, 84 FR 50376 (September 25, 2019)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Antidumping Duty
Investigation of Carbon and Alloy Steel Threaded
Rod from India: Decision on Particular Market
Situation Allegation,’’ dated January 9, 2020 (PostPreliminary Determination).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Less-Than-Fair-Value Investigation of Carbon and
Alloy Steel Threaded Rod from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Agencies
[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Notices]
[Pages 8815-8818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03138]
[[Page 8815]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan:
Affirmative Preliminary Determination of Circumvention Inquiry
Involving Malaysia
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that imports of certain corrosion-resistant steel products (CORE)
completed in Malaysia, using hot-rolled steel (HRS) and/or cold-rolled
steel (CRS) flat products manufactured in Taiwan, are circumventing the
antidumping duty (AD) order on CORE from Taiwan.
DATES: Applicable February 18, 2020.
FOR FURTHER INFORMATION CONTACT: Shanah Lee and Stephanie Berger, 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)
482-2483, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 12, 2019, Commerce self-initiated a country-wide anti-
circumvention inquiry of the Taiwan CORE Order \1\ covering Taiwanese-
origin HRS and/or CRS exported to Malaysia for completion into CORE and
subsequently exported to the United States.\2\ In the Initiation
Notice, Commerce initiated the instant anti-circumvention inquiry based
on available information and an analysis pursuant to section 781(b) of
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h), to
determine whether the importation of Taiwanese-origin HRS or CRS
substrate for completion into CORE in Malaysia and subsequent sale of
that CORE to the United States constitutes circumvention of the Taiwan
CORE Order.
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\1\ 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) (Taiwan CORE Order).
\2\ The notice of initiation was subsequently published in the
Federal Register on August 21, 2019. See Corrosion-Resistant Steel
Products from Taiwan: Initiation of Anti-Circumvention Inquiry on
the Antidumping Duty Order, 84 FR 43581 (August 21, 2019)
(Initiation Notice) and accompanying Memorandum, ``Certain
Corrosion-Resistant Steel Products from Taiwan: Initiation of Anti-
Circumvention Inquiry on the Antidumping Duty Order,'' dated August
12, 2019.
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For a complete description of the record developed since the
initiation of this inquiry, see the Preliminary Decision Memorandum.\3\
A list of topics included in the Preliminary Decision Memorandum is
included as Appendix I to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of the main Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Anti-Circumvention Inquiry of Certain
Corrosion-Resistant Steel Products from Taiwan,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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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 Preliminary Decision Memorandum.
Scope of the Anti-Circumvention Inquiry
This anti-circumvention inquiry covers CORE completed in Malaysia
from HRS and/or CRS substrate input manufactured in Taiwan and
subsequently exported from Malaysia to the United States (merchandise
subject to this inquiry).
Methodology
Commerce is conducting this anti-circumvention inquiry in
accordance with section 781(b) of the Act. Because certain interested
parties did not cooperate to the best of their abilities in responding
to Commerce's requests for information, we have based parts of our
preliminary determination on the facts available, with adverse
inferences, pursuant to sections 776(a) and (b) of the Act. For a full
description of the methodology underlying Commerce's preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Finding
As detailed in the Preliminary Decision Memorandum, we
preliminarily determine that CORE completed in Malaysia from HRS and/or
CRS substrate sourced from Taiwan is circumventing the Taiwan CORE
Order. We therefore preliminarily determine that it is appropriate to
include this merchandise within the Taiwan CORE Order and to instruct
U.S. Customs and Border Protection (CBP) to suspend any entries of CORE
from Malaysia produced from HRS and/or CRS from Taiwan.
Suspension of Liquidation
As stated above, Commerce has made a preliminary affirmative
determination that imports of CORE completed in Taiwan, using HRS and/
or CRS flat products manufactured in China, are circumventing the
Taiwan CORE Order. In accordance with 19 CFR 351.225(l)(2), Commerce
will direct CBP to suspend liquidation and to require a cash deposit of
estimated duties on unliquidated entries of CORE produced in Malaysia,
as appropriate, that were entered, or withdrawn from warehouse, for
consumption on or after August 12, 2019, the date of initiation of the
anti-circumvention inquiry. The suspension of liquidation instructions
will remain in effect until further notice.
CORE produced in Malaysia from HRS and/or CRS that is not of
Taiwanese-origin is not subject to this inquiry. However, imports of
such merchandise are subject to certification requirements, and cash
deposits may be required if the certification requirements are not
satisfied. CORE completed in Malaysia from HRS and/or CRS from China
also has preliminarily been found to be circumventing the AD/CVD orders
on CORE from China and such merchandise is subject to similar
certification requirements.\4\ Additionally, if an importer imports
CORE from Malaysia and claims that the CORE was not produced from HRS
and/or CRS substrate manufactured in Taiwan, the importer and exporter
are required to meet the certification and documentation requirements
described
[[Page 8816]]
in Appendices II, III and IV, in order for cash deposits pursuant to
the Taiwan CORE Order not to be required.
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\4\ See Federal Register notice, ``Certain Corrosion-Resistant
Steel Products from Taiwan: Affirmative Preliminary Determination of
Anti-Circumvention Inquiry on the Antidumping Duty Order,'' dated
concurrently with this notice.
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In the situation where no certification is provided for an entry,
and AD/CVD orders from two countries (China and Taiwan) potentially
apply to that entry, Commerce intends to instruct CBP to suspend
liquidation of the entry and collect cash deposits at the rates
applicable to the China CORE Orders \5\ (i.e., the AD rate established
for the China-wide entity (199.43 percent) and the CVD rate established
for all-other Chinese producers/exporters (39.05 percent)).\6\ This is
to prevent evasion, given that the CORE China Orders rates are higher
than the AD rate established for CORE from Taiwan. In the situation
where a certification is provided for the AD/CVD orders on CORE from
China (stating that the merchandise was not produced from HRS and/or
CRS from China), but no other certification is provided, then Commerce
intends to instruct CBP to suspend the entry and collect cash deposits
at the AD all-others rate applicable to the Taiwan CORE Order (i.e.,
3.66 percent).
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\5\ 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); 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, China CORE Orders).
\6\ See China CORE Orders.
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Commerce preliminarily determines that the following companies are
not eligible for the certification process: Hsin Kuang Steel Co Ltd;
FIW Steel Sdn Bhd; NS BlueScope Malaysia Sdn Bhd; and YKGI/Yung Kong
Galv. Ind/Starshine Holdings Sdn Bhd/ASTEEL Sdn Bhd. Additionally,
exporters are not eligible to certify shipments of merchandise produced
by above-listed companies. Further, imports of CORE from Malaysia that
is produced and/or exported by these ineligible companies are similarly
ineligible for the certification process with regard to those imports.
Verification
As provided in 19 CFR 351.307, Commerce intends to verify
information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last final verification report is
issued in this anti-circumvention inquiry, unless the Secretary alters
the time limit. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this anti-
circumvention inquiry are encouraged to submit with each argument: (1)
A statement of the issue; (2) a brief summary of the argument; and (3)
a table of authorities.
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\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
Commerce, consistent with section 781(e) of the Act, has notified
the International Trade Commission (ITC) of this preliminary
determination to include the merchandise subject to this anti-
circumvention inquiry within the Taiwan CORE Order. Pursuant to section
781(e) of the Act, the ITC may request consultations concerning
Commerce's proposed inclusion of the merchandise subject to this
inquiry. If, after consultations, the ITC believes that a significant
injury issue is presented by the proposed inclusion, it will have 60
days from the date of notification by Commerce to provide written
advice.
Notification to Interested Parties
This determination is issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.225(f).
Dated: February 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Scope of the Anti-Circumvention Inquiry
V. Period of Inquiry
VI. Statutory Framework
VII. Use of Facts of Available With An Adverse Inference
VIII. Anti-Circumvention Determination
IX. Country-Wide Determination
X. Certification for Not Using Taiwanese-Origin HRS and/or CRS
XI. Verification
XII. Recommendation
Appendix II
Certification Requirements
If an importer imports certain corrosion-resistant steel
products (CORE) from Malaysia 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 III, and is further required to
provide the importer a copy of that certification and all supporting
documentation.
For shipments and/or entries on or after August 12, 2019 through
March 7, 2020 for which certifications are required, importers and
exporters should complete the required certification within 30 days
of the publication of this notice in the Federal Register.
Accordingly, where appropriate, the relevant bullet in the
certification should be edited to reflect that the certification was
completed within the time frame specified above. For example, the
bullet in the importer certification that reads: ``This
certification was completed at or prior to the time of Entry,''
could be edited as follows: ``The imports referenced herein entered
before March 8, 2020. This certification was completed on mm/dd/
yyyy, within 30 days of the Federal Register notice publication of
the preliminary determination of circumvention.'' Similarly, the
bullet in the exporter certification that reads, ``This
certification was completed at or prior to the time of shipment,''
could be edited as follows: ``The shipments/products referenced
herein shipped before March 8, 2020. This certification was
completed on mm/dd/yyyy, within 30 days of the Federal Register
notice publication of the preliminary determination of
circumvention. For such entries/
[[Page 8817]]
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 March 8, 2020, for
which certifications are required, importers should complete the
required certification at or prior to the date of Entry and
exporters should complete the required certification and provide it
to the importer at or prior to the date of shipment.
The importer and Malaysian 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 (the importer must
retain both certifications) and supporting documentation for the
later of (1) a period of five years from the date of entry or (2) a
period of three years after the conclusion of any litigation in
United States courts regarding such entries.
In the situation where no certification is provided for an
entry, and AD/CVD orders from two countries (China and Taiwan)
potentially apply to that entry, Commerce intends to instruct CBP to
suspend the entry and collect cash deposits at the rate applicable
to the China CORE Orders (i.e., the AD rate established for the
China-wide entity (199.43 percent) and the CVD rate established for
all-other Chinese producers/exporters (39.05 percent)).\8\ In the
situation where a certification is provided for the AD/CVD orders on
CORE from China (stating that the merchandise was not produced from
HRS and/or CRS from China), but no other certification is provided,
then Commerce intends to instruct CBP to suspend the entry and
collect cash deposits at the AD all-others rate applicable to the AD
order on CORE from Taiwan (i.e., 3.66%).
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\8\ See China CORE Orders.
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Appendix III
Exporter Certification
I hereby certify that:
My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF EXPORTING COMPANY{time} , located at {ADDRESS
OF EXPORTING COMPANY{time} ;
I have direct personal knowledge of the facts regarding the
production and exportation of the corrosion resistant steel products
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.
The corrosion resistant steel products covered by this
certification were 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}
The corrosion resistant steel products produced in Malaysia
were not manufactured using hot-rolled steel and/or cold-rolled
steel substrate from Taiwan;
This certification applies to the following sales:
------------------------------------------------------------------------
Invoice line item
Producer Invoice No. No.
------------------------------------------------------------------------
------------------------------------------------------------------------
The corrosion resistant steel products covered by this
certification were sold to {NAME OF U.S. CUSTOMER{time} , located at
{ADDRESS OF U.S. CUSTOMER{time} .
The corrosion resistant steel products covered by this
certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS
SHIPPED{time} , located at {ADDRESS OF SHIPMENT{time} .
I understand that {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, production
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 {NAME OF EXPORTING COMPANY{time} must
provide a copy of this Exporter Certification to the U.S. importer
by the time of shipment;
I understand that {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, and/or failure to allow CBP and/or Commerce to verify the
claims made herein, may result in a de facto determination that all
sales to which this certification applies are within the scope of
the antidumping/countervailing duty order on corrosion resistant
steel products from Taiwan. I understand that such finding 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 and/or countervailing duty cash deposits (as
appropriate) equal to the rates as determined by Commerce;
[cir] the revocation of {NAME OF EXPORTING COMPANY{time} 's
privilege to certify future exports of corrosion resistant steel
products from Malaysia as not manufactured using hot-rolled steel
and/or cold-rolled steel substrate from Taiwan.
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
NAME OF COMPANY OFFICIAL
TITLE
DATEAppendix IV
Importer Certification
I hereby certify that:
My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I
am an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADRESS 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 Malaysia that entered
under entry number(s), identified below, and which 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;
The corrosion resistant steel products covered by this
certification were exported by {NAME OF EXPORTING COMPANY{time} ,
located at {ADDRESS OF EXPORTING COMPANY{time} .
If the importer is acting on behalf of the first U.S. customer,
complete this paragraph:
The corrosion resistant steel products
[[Page 8818]]
covered by this certification were imported by {NAME OF IMPORTING
COMPANY{time} on behalf of {NAME OF U.S. CUSTOMER{time} , located
at {ADDRESS OF U.S. CUSTOMER{time} .
The corrosion resistant steel products covered by this
certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS
FIRST SHIPPED IN THE UNITED STATES{time} , located at {ADDRESS OF
SHIPMENT{time} .
I have personal knowledge of the facts regarding the
production of the corrosion resistant steel products identified
below. ``Personal knowledge'' includes facts obtained from another
party, (e.g., correspondence received by the importer (or exporter)
from the producer regarding the country of manufacture of the
imported products);
The corrosion resistant steel products covered by this
certification were 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} .
The corrosion resistant steel products covered by this
certification were not manufactured using hot-rolled steel and/or
cold-rolled steel substrate from Taiwan.
This certification applies to the following entries:
----------------------------------------------------------------------------------------------------------------
Entry summary line Invoice Line Item
Producer Entry summary No. item No. Invoice No. No.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
I understand that {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, production
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 {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 {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), and any supporting records provided
by the exporter to the importer, 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 {NAME OF IMPORTING COMPANY{time} is
required to maintain and, upon request, provide a copy of the
exporter's certification and any supporting records provided by the
exporter to the importer, 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
certifications, and/or failure to substantiate the claims made
herein, and/or failure to allow CBP and/or Commerce to verify the
claims made herein, may result in a de facto determination that all
entries to which this certification applies are within the scope of
the antidumping/countervailing duty order on corrosion resistant
steel products from Taiwan. I understand that such finding 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 and/or countervailing duty cash deposits (as
appropriate) equal to the rates determined by Commerce;
the revocation of {NAME OF IMPORTING COMPANY{time} 's privilege to
certify future imports of corrosion resistant steel products from
Malaysia as not manufactured using hot-rolled steel and/or cold-
rolled steel substrate from Taiwan.
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
NAME OF COMPANY OFFICIAL
TITLE
DATE
[FR Doc. 2020-03138 Filed 2-14-20; 8:45 am]
BILLING CODE 3510-DS-P