Certain Corrosion-Resistant Steel Products From Taiwan: Affirmative Final Determination of Circumvention Involving Malaysia, 30257-30260 [2021-11850]
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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices
The Issues and Decision Memorandum
is a public document and is on file
electronically via the Enforcement and
Compliance Antidumping and
Countervailing Duty Centralized
Electronic Services System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. A list of
topics discussed in the Issues and
Decision Memorandum is included as
an Appendix to this notice. In addition,
a complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
Final Results of Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the AD
order on potassium permanganate from
China would likely lead to continuation
or recurrence of dumping, and that the
magnitude of margins likely to prevail is
up to 128.94 percent.8
Administrative Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). Timely
notification of the return or destruction
of APO materials, or conversion to
judicial protective orders is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notifications to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act,
and 19 CFR 351.221(c)(5)(ii).
Dated: June 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margin of Dumping
Likely to Prevail
VII. Final Results of Sunset Review
Republic of China,’’ dated concurrently with this
notice (Issues and Decisions Memorandum).
8 Id.
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VIII. Recommendation
[FR Doc. 2021–11852 Filed 6–4–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–856]
Certain Corrosion-Resistant Steel
Products From Taiwan: Affirmative
Final Determination of Circumvention
Involving Malaysia
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
Malaysia, using carbon hot-rolled steel
(HRS) and/or cold-rolled steel (CRS) flat
products (substrate) manufactured in
Taiwan, are circumventing the
antidumping duty (AD) order on CORE
from Taiwan.
DATES: Applicable June 7, 2021.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang, 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) 482–1168.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 18, 2020, 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 Issues and Decision
Memorandum.3 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
1 See Certain Corrosion-Resistant Steel Products
from Taiwan: Affirmative Preliminary
Determination of Circumvention Involving
Malaysia, 85 FR 8815 (February 18, 2020)
(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
involving Taiwan on the Antidumping Duty Order
on Certain Corrosion-Resistant Steel Products from
Taiwan,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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30257
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
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 Issues and 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 to the United
States (merchandise subject to this
inquiry). This final ruling applies to all
shipments of merchandise subject to
this inquiry entered on or after the date
of the initiation of this inquiry.4
Importers and exporters of CORE
produced in Malaysia using: (1) HRS
manufactured in Malaysia or other third
countries, (2) CRS manufactured in
Malaysia using HRS produced in
Malaysia or other third countries, or (3)
CRS manufactured in other third
countries, must certify that the HRS
and/or CRS processed into CORE in
Malaysia did not originate in Taiwan, as
provided for in the certifications
attached to this Federal Register notice.
Otherwise, their merchandise will be
subject to AD requirements.
Methodology
Commerce is conducting this anticircumvention inquiry in accordance
with section 781(b) of the Tariff Act of
1930, as amended (the Act). Because
certain interested parties did not
cooperate to the best of their abilities in
responding to Commerce’s requests for
4 See Corrosion-Resistant Steel Products from the
People’s Republic of China: Initiation of AntiCircumvention Inquiries on the Antidumping Duty
and Countervailing Duty Orders, 84 FR 43585
(August 21, 2019) (Initiation Notice), and
accompanying Memorandum, ‘‘Certain CorrosionResistant Steel Products from the People’s Republic
of China: Initiation of Anti-Circumvention Inquiries
on the Antidumping Duty and Countervailing Duty
Orders,’’ dated August 12, 2019.
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information, we continue to base parts
of our final determination on the facts
available, with adverse inferences,
pursuant to sections 776(a) and (b) of
the Act. The Preliminary Decision
Memorandum contains a full
description of the methodology.5 We
incorporate by reference this description
of the 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 from interested
parties, we made no revisions to the
Preliminary Determination with regard
to our analysis under the anticircumvention factors of section 781(b)
of the Act.6 We have made certain
changes to the language in the
certifications to provide guidance on
who should complete the exporter
certification, and to allow importers and
exporters to clearly identify the parties
involved in the sale(s) involving the
export to the United States.
Final Affirmative Determination of
Circumvention
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We determine that exports to the
United States of CORE completed in
Malaysia from HRS and/or CRS
substrate manufactured in Taiwan are
circumventing the Taiwan CORE Order.
We therefore find it appropriate to
determine that merchandise subject to
this inquiry should be considered to be
within the scope of the Taiwan CORE
Order, and to instruct U.S. Customs and
Border Protection (CBP) to continue to
suspend liquidation of any entries of
CORE completed in Malaysia using HRS
and/or CRS substrate manufactured in
Taiwan.
5 See Memorandum, ‘‘Preliminary Decision
Memorandum for the Anti-Circumvention Inquiries
of the Antidumping Duty and Countervailing Duty
Orders on Certain Corrosion-Resistant Steel
Products from Taiwan,’’ dated February 7, 2020.
6 We made certain adjustments to our calculations
with respect to certain prongs of the analysis for
CSC Steel Sdn. Bhd. (CSCM), a cooperative
mandatory respondent in this inquiry, based on
revisions provided in a post-preliminary response
from the respondent. See Memorandum, ‘‘AntiCircumvention Inquiry of the Antidumping Duty
Order of Certain Corrosion-Resistant Steel Products
from Taiwan: China Steel Sdn. Bhd.—Final
Analysis Memorandum,’’ dated concurrently with
this memorandum (CSCM Final Analysis
Memorandum). However, we note that as the
updated information does not result in material
changes to the calculations from the Preliminary
Determination, the conclusions of the analysis from
the Preliminary Determination remain unchanged.
See Issues and Decision Memorandum.
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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 completed in Malaysia using
Taiwanese-origin HRS and/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 completed in Malaysia using
Taiwanese-origin HRS and/or CRS
substrate that were entered, or
withdrawn from warehouse, for
consumption on or after August 12,
2019, the date of initiation of this anticircumvention inquiry. The suspension
of liquidation and cash deposit
instructions will remain in effect until
further notice.
CORE produced in Malaysia from
HRS or CRS substrate 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.
Additionally, CORE completed in
Malaysia from HRS and/or CRS from
China also has been found to be
circumventing the AD/CVD orders on
CORE from China and such
merchandise is subject to similar
certification requirements.7
Accordingly, if an importer imports
CORE from Malaysia and claims that the
CORE was not produced from HRS and/
or CRS substrate manufactured in
Taiwan, in order not to be subject to AD
and/or CVD requirements, the importer
and exporter are required to meet the
certification and documentation
requirements described in Appendices
II, III and IV, in order for cash deposits
pursuant to the Taiwan CORE Order not
to be required. The party that made the
sale to the United States should fill out
the exporter certification.
In the situation where no certification
is provided for an entry, and AD/CVD
orders on CORE from China or the AD
order on CORE from 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 (i.e., the AD rate established for
the China-wide entity (199.43 percent)
and the CVD rate established for all7 See unpublished Federal Register notice,
‘‘Certain Corrosion-Resistant Steel Products from
the People’s Republic of China: Affirmative Final
Determination of Circumvention Involving
Malaysia,’’ dated concurrently with this notice.
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other Chinese producers/exporters
(39.05 percent)).8 This is to prevent
evasion, given that the rates applicable
to the AD/CVD orders on CORE from
China are higher than the all-others rate
established by the AD order on 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 under the AD order on CORE
from Taiwan (i.e., 3.66 percent).
Further, for this final determination,
we continue to determine that the
following non-responsive 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 (collectively, non-responsive
companies).9 Accordingly, importers of
CORE from Malaysia produced and/or
exported by these ineligible companies
are similarly ineligible for the
certification process with regard to their
imports of CORE produced by or
sourced from these companies.
Additionally, exporters are not eligible
to certify shipments of merchandise
produced by the above-listed
companies. Accordingly, CBP shall
suspend the entry and collect cash
deposits for entries of merchandise
produced and/or exported by nonresponsive companies at the AD rate
established for the China-wide entity
(199.43 percent) and the CVD rate
established for all other Chinese
producers and/or exporters (39.05
percent) pursuant to the China CORE
Orders.
Notification Regarding Administrative
Protective Order
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
8 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).
9 See Preliminary Determination, 85 FR at 8816,
and accompanying Preliminary Decision
Memorandum at 8 and 22–23.
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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: June 1, 2021.
Christian Marsh,
Acting 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. Verification
VI. Use of Facts Available With an Adverse
Inference
VII. Changes Since the Preliminary
Determination
VIII. Statutory Framework
IX. Statutory Analysis
X. Discussion of the Issues
Comment: Whether CSCM’s Manufacturing
Operations in Malaysia Constitute
Circumvention Under the Statutory
Criteria Established in Section 781(b)(2)
of the Act
XI. Recommendation
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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 summary 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 of such merchandise 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. The party that
made the sale to the United States should fill
out the exporter certification.
For any such certifications completed on
the date of publication of this final
determination through 20 days after the date
of publication, exporters and importers
should use the certifications attached to the
Preliminary Determination. For any such
certifications completed on or after 21 days
after the date of publication of this final
determination, exporters and importers
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should use the certifications contained below
that have changed from the certifications
issued with the Preliminary Determination.
For 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 summary, and exporters should
complete the required certification and
provide it to the importer at or prior to the
date of shipment. For all such entries made
within the first 20 days after publication of
this notice, exporters and importers should
use the certifications attached to the
Preliminary Determination. For all entries
made on or after 21 days after publication of
this notice, exporters and importers should
use the certifications contained below that
have changed from the certifications issued
with the Preliminary Determination.
The importer and exporter are also
required to maintain sufficient
documentation supporting their
certifications. The importer will not be
required to submit the certifications or
supporting documentation to U.S. Customs
and Border Protection (CBP) as part of the
entry process at this time. However, the
importer and the exporter will be required to
present the certifications and supporting
documentation to Commerce and/or CBP, as
applicable, upon request by the respective
agency. Additionally, the claims made in the
certifications and any supporting
documentation are subject to verification by
Commerce and/or CBP. The importer and
exporter are required to maintain the
certifications and supporting documentation
for the later of: (1) A period of five years from
the date of entry or (2) a period of three years
after the conclusion of any litigation in
United States courts regarding such entries.
In the situation where no certification is
provided for an entry, and AD/CVD orders on
CORE from China or the AD order on CORE
from Taiwan potentially apply to that entry,
Commerce intends to instruct CBP to
suspend the entry and collect cash deposits
at the rate under 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)).10 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 percent).
Appendix III—Importer Certification
I hereby certify that:
(A) My name is {IMPORTING COMPANY
OFFICIAL’S NAME} and I am an official of
{NAME OF IMPORTING COMPANY},
located at {ADRESS OF IMPORTING
COMPANY}.
(B) I have direct personal knowledge of the
facts regarding the importation into the
Customs territory of the United States of the
10 See
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30259
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.
(C) If the importer is acting on behalf of the
first U.S. customer, complete this paragraph,
if not put ‘‘NA’’ at the end of this paragraph:
The corrosion resistant steel products
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}.
(D) 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}.
(E) 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).
(F) The corrosion resistant steel products
covered by this certification were not
manufactured using hot-rolled steel and/or
cold-rolled steel substrate produced in
Taiwan.
(G) This certification applies to the
following entries (repeat this block as many
times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller’s address:
Foreign Seller’s Invoice #:
Foreign Seller’s Invoice Line Item #:
Producer:
Producer’s Address:
(H) 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) 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).
(J) 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
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or (2) a period of three years after the
conclusion of any litigation in United States
courts regarding such entries.
(K) I understand that {NAME OF
IMPORTING COMPANY} is required, upon
request, to provide a copy of the exporter’s
certification and any supporting records
provided by the exporter to the importer, to
CBP and/or Commerce.
(L) I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
(M) 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:
(i) Suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the requirement that the importer post
applicable antidumping duty and/or
countervailing duty cash deposits (as
appropriate) equal to the rates determined by
Commerce; and
(iii) 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.
(N) I understand that agents of the
importer, such as brokers, are not permitted
to make this certification.
(O) This certification was completed at or
prior to the date of entry summary.
(P) I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
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Appendix IV—Exporter Certification
SPECIAL INSTRUCTIONS: The party that
made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
(A) My name is {COMPANY OFFICIAL’S
NAME} and I am an official of {NAME OF
COMPANY}, located at {ADDRESS};
(B) 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.
(C) The corrosion resistant steel products
produced in Malaysia and covered by this
certification were not manufactured using
hot-rolled steel and/or cold-rolled steel
substrate produced in Taiwan.
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(D) This certification applies to the
following sales to {NAME OF U.S.
CUSTOMER}, located at {ADDRESS OF U.S.
CUSTOMER}. (repeat this block as many
times as necessary):
Foreign Seller’s Invoice # to U.S. Customer:
Foreign Seller’s Invoice to U.S. Customer
Line item #:
Producer Name:
Producer’s Address:
Producer’s Invoice # to Foreign Seller: (If the
foreign seller and the producer are the
same party, put NA here.)
(E) The corrosion resistant steel products
covered by this certification were shipped to
{NAME OF U.S. PARTY TO WHOM
MERCHANDISE WAS SHIPPED}, located at
{U.S. ADDRESS TO WHICH MERCHANDISE
WAS SHIPPED}.
(F) 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.
(G) I understand that {NAME OF
EXPORTING COMPANY} must provide a
copy of this Exporter Certification to the U.S.
importer by the date of shipment;
(H) 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) I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
(J) 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:
(i) Suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met; and
(ii) 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; and
(iii) 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.
(K) This certification was completed at or
prior to the date of shipment.
(L) I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
[FR Doc. 2021–11850 Filed 6–4–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–023]
Certain Uncoated Paper From the
People’s Republic of China: Final
Results of the Expedited Five-Year
Sunset Review of the Countervailing
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset
review, the Department of Commerce
(Commerce) finds that revoking the
countervailing duty (CVD) order on
certain uncoated paper (uncoated paper)
from the People’s Republic of China
(China) would likely lead to
continuation or recurrence of
countervailable subsidies at the levels
indicated in the ‘‘Final Results of
Review’’ section of this notice.
DATES: Applicable June 7, 2021.
FOR FURTHER INFORMATION CONTACT:
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) 482–0189.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 3, 2016, Commerce
published in the Federal Register the
CVD Order on uncoated paper from
China.1 On February 1, 2021, Commerce
published the notice of initiation of the
first sunset review of the Order,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2 On
February 12, 2021, Commerce received
a notice of intent to participate from
Domtar Corporation (Domtar), Finch
Paper LLC (Finch Paper), and North
Pacific Paper Company (NORPAC),
1 See Certain Uncoated Paper from Indonesia and
the People’s Republic of China: Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order (Indonesia) and
Countervailing Duty Order (People’s Republic of
China), 81 FR 11187 (Order).
2 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
86 FR 7709 (February 1, 2021).
E:\FR\FM\07JNN1.SGM
07JNN1
Agencies
[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Notices]
[Pages 30257-30260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11850]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan:
Affirmative Final Determination of Circumvention Involving Malaysia
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
Malaysia, using carbon hot-rolled steel (HRS) and/or cold-rolled steel
(CRS) flat products (substrate) manufactured in Taiwan, are
circumventing the antidumping duty (AD) order on CORE from Taiwan.
DATES: Applicable June 7, 2021.
FOR FURTHER INFORMATION CONTACT: Joy Zhang, 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) 482-1168.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2020, 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
Issues and Decision Memorandum.\3\ The Issues and Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products from Taiwan:
Affirmative Preliminary Determination of Circumvention Involving
Malaysia, 85 FR 8815 (February 18, 2020) (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 involving Taiwan on the Antidumping Duty Order
on Certain Corrosion-Resistant Steel Products from Taiwan,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
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 Issues and 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 to the United States (merchandise subject to this
inquiry). This final ruling applies to all shipments of merchandise
subject to this inquiry entered on or after the date of the initiation
of this inquiry.\4\ Importers and exporters of CORE produced in
Malaysia using: (1) HRS manufactured in Malaysia or other third
countries, (2) CRS manufactured in Malaysia using HRS produced in
Malaysia or other third countries, or (3) CRS manufactured in other
third countries, must certify that the HRS and/or CRS processed into
CORE in Malaysia did not originate in Taiwan, as provided for in the
certifications attached to this Federal Register notice. Otherwise,
their merchandise will be subject to AD requirements.
---------------------------------------------------------------------------
\4\ See Corrosion-Resistant Steel Products from the People's
Republic of China: Initiation of Anti-Circumvention Inquiries on the
Antidumping Duty and Countervailing Duty Orders, 84 FR 43585 (August
21, 2019) (Initiation Notice), and accompanying Memorandum,
``Certain Corrosion-Resistant Steel Products from the People's
Republic of China: Initiation of Anti-Circumvention Inquiries on the
Antidumping Duty and Countervailing Duty Orders,'' dated August 12,
2019.
---------------------------------------------------------------------------
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 certain interested parties did not cooperate to the
best of their abilities in responding to Commerce's requests for
[[Page 30258]]
information, we continue to base parts of our final determination on
the facts available, with adverse inferences, pursuant to sections
776(a) and (b) of the Act. The Preliminary Decision Memorandum contains
a full description of the methodology.\5\ We incorporate by reference
this description of the methodology for our final determination.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Preliminary Decision Memorandum for the
Anti-Circumvention Inquiries of the Antidumping Duty and
Countervailing Duty Orders on Certain Corrosion-Resistant Steel
Products from Taiwan,'' dated February 7, 2020.
---------------------------------------------------------------------------
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 from interested
parties, we made no revisions to the Preliminary Determination with
regard to our analysis under the anti-circumvention factors of section
781(b) of the Act.\6\ We have made certain changes to the language in
the certifications to provide guidance on who should complete the
exporter certification, and to allow importers and exporters to clearly
identify the parties involved in the sale(s) involving the export to
the United States.
---------------------------------------------------------------------------
\6\ We made certain adjustments to our calculations with respect
to certain prongs of the analysis for CSC Steel Sdn. Bhd. (CSCM), a
cooperative mandatory respondent in this inquiry, based on revisions
provided in a post-preliminary response from the respondent. See
Memorandum, ``Anti-Circumvention Inquiry of the Antidumping Duty
Order of Certain Corrosion-Resistant Steel Products from Taiwan:
China Steel Sdn. Bhd.--Final Analysis Memorandum,'' dated
concurrently with this memorandum (CSCM Final Analysis Memorandum).
However, we note that as the updated information does not result in
material changes to the calculations from the Preliminary
Determination, the conclusions of the analysis from the Preliminary
Determination remain unchanged. See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Affirmative Determination of Circumvention
We determine that exports to the United States of CORE completed in
Malaysia from HRS and/or CRS substrate manufactured in Taiwan are
circumventing the Taiwan CORE Order. We therefore find it appropriate
to determine that merchandise subject to this inquiry should be
considered to be within the scope of the Taiwan CORE Order, and to
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of any entries of CORE completed in Malaysia using
HRS and/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 completed in Malaysia using Taiwanese-origin HRS and/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 completed
in Malaysia using Taiwanese-origin HRS and/or CRS substrate that were
entered, or withdrawn from warehouse, for consumption on or after
August 12, 2019, the date of initiation of this anti-circumvention
inquiry. The suspension of liquidation and cash deposit instructions
will remain in effect until further notice.
CORE produced in Malaysia from HRS or CRS substrate 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. Additionally, CORE completed in Malaysia from HRS and/or CRS
from China also has been found to be circumventing the AD/CVD orders on
CORE from China and such merchandise is subject to similar
certification requirements.\7\ Accordingly, if an importer imports CORE
from Malaysia and claims that the CORE was not produced from HRS and/or
CRS substrate manufactured in Taiwan, in order not to be subject to AD
and/or CVD requirements, the importer and exporter are required to meet
the certification and documentation requirements described in
Appendices II, III and IV, in order for cash deposits pursuant to the
Taiwan CORE Order not to be required. The party that made the sale to
the United States should fill out the exporter certification.
---------------------------------------------------------------------------
\7\ See unpublished Federal Register notice, ``Certain
Corrosion-Resistant Steel Products from the People's Republic of
China: Affirmative Final Determination of Circumvention Involving
Malaysia,'' dated concurrently with this notice.
---------------------------------------------------------------------------
In the situation where no certification is provided for an entry,
and AD/CVD orders on CORE from China or the AD order on CORE from
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 (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\ This is to prevent evasion, given that the rates
applicable to the AD/CVD orders on CORE from China are higher than the
all-others rate established by the AD order on 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 under the AD order on
CORE from Taiwan (i.e., 3.66 percent).
---------------------------------------------------------------------------
\8\ 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).
---------------------------------------------------------------------------
Further, for this final determination, we continue to determine
that the following non-responsive 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 (collectively, non-responsive
companies).\9\ Accordingly, importers of CORE from Malaysia produced
and/or exported by these ineligible companies are similarly ineligible
for the certification process with regard to their imports of CORE
produced by or sourced from these companies. Additionally, exporters
are not eligible to certify shipments of merchandise produced by the
above-listed companies. Accordingly, CBP shall suspend the entry and
collect cash deposits for entries of merchandise produced and/or
exported by non-responsive companies at the AD rate established for the
China-wide entity (199.43 percent) and the CVD rate established for all
other Chinese producers and/or exporters (39.05 percent) pursuant to
the China CORE Orders.
---------------------------------------------------------------------------
\9\ See Preliminary Determination, 85 FR at 8816, and
accompanying Preliminary Decision Memorandum at 8 and 22-23.
---------------------------------------------------------------------------
Notification Regarding Administrative Protective Order
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
[[Page 30259]]
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: June 1, 2021.
Christian Marsh,
Acting 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. Verification
VI. Use of Facts Available With an Adverse Inference
VII. Changes Since the Preliminary Determination
VIII. Statutory Framework
IX. Statutory Analysis
X. Discussion of the Issues
Comment: Whether CSCM's Manufacturing Operations in Malaysia
Constitute Circumvention Under the Statutory Criteria Established in
Section 781(b)(2) of the Act
XI. 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 summary 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 of such merchandise 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. The party that made
the sale to the United States should fill out the exporter
certification.
For any such certifications completed on the date of publication
of this final determination through 20 days after the date of
publication, exporters and importers should use the certifications
attached to the Preliminary Determination. For any such
certifications completed on or after 21 days after the date of
publication of this final determination, exporters and importers
should use the certifications contained below that have changed from
the certifications issued with the Preliminary Determination.
For 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 summary, and exporters should complete the
required certification and provide it to the importer at or prior to
the date of shipment. For all such entries made within the first 20
days after publication of this notice, exporters and importers
should use the certifications attached to the Preliminary
Determination. For all entries made on or after 21 days after
publication of this notice, exporters and importers should use the
certifications contained below that have changed from the
certifications issued with the Preliminary Determination.
The importer and exporter are also required to maintain
sufficient documentation supporting their certifications. The
importer will not be required to submit the certifications or
supporting documentation to U.S. Customs and Border Protection (CBP)
as part of the entry process at this time. However, the importer and
the exporter will be required to present the certifications and
supporting documentation to Commerce and/or CBP, as applicable, upon
request by the respective agency. Additionally, the claims made in
the certifications and any supporting documentation are subject to
verification by Commerce and/or CBP. The importer and exporter are
required to maintain the certifications and supporting documentation
for the later of: (1) A period of five years from the date of entry
or (2) a period of three years after the conclusion of any
litigation in United States courts regarding such entries.
In the situation where no certification is provided for an
entry, and AD/CVD orders on CORE from China or the AD order on CORE
from Taiwan potentially apply to that entry, Commerce intends to
instruct CBP to suspend the entry and collect cash deposits at the
rate under 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)).\10\ 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 percent).
---------------------------------------------------------------------------
\10\ See China CORE Orders.
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Appendix III--Importer Certification
I hereby certify that:
(A) 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} .
(B) 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.
(C) If the importer is acting on behalf of the first U.S.
customer, complete this paragraph, if not put ``NA'' at the end of
this paragraph:
The corrosion resistant steel products 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} .
(D) 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} .
(E) 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).
(F) The corrosion resistant steel products covered by this
certification were not manufactured using hot-rolled steel and/or
cold-rolled steel substrate produced in Taiwan.
(G) This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer:
Producer's Address:
(H) 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) 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).
(J) 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
[[Page 30260]]
or (2) a period of three years after the conclusion of any
litigation in United States courts regarding such entries.
(K) I understand that {NAME OF IMPORTING COMPANY{time} is
required, upon request, to provide a copy of the exporter's
certification and any supporting records provided by the exporter to
the importer, to CBP and/or Commerce.
(L) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(M) 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:
(i) Suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the requirement that the importer post applicable
antidumping duty and/or countervailing duty cash deposits (as
appropriate) equal to the rates determined by Commerce; and
(iii) 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.
(N) I understand that agents of the importer, such as brokers,
are not permitted to make this certification.
(O) This certification was completed at or prior to the date of
entry summary.
(P) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
Appendix IV--Exporter Certification
SPECIAL INSTRUCTIONS: The party that made the sale to the United
States should fill out the exporter certification.
I hereby certify that:
(A) My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF COMPANY{time} , located at {ADDRESS{time} ;
(B) 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.
(C) The corrosion resistant steel products produced in Malaysia
and covered by this certification were not manufactured using hot-
rolled steel and/or cold-rolled steel substrate produced in Taiwan.
(D) This certification applies to the following sales to {NAME
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S.
CUSTOMER{time} . (repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Producer Name:
Producer's Address:
Producer's Invoice # to Foreign Seller: (If the foreign seller and
the producer are the same party, put NA here.)
(E) The corrosion resistant steel products covered by this
certification were shipped to {NAME OF U.S. PARTY TO WHOM
MERCHANDISE WAS SHIPPED{time} , located at {U.S. ADDRESS TO WHICH
MERCHANDISE WAS SHIPPED{time} .
(F) 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.
(G) I understand that {NAME OF EXPORTING COMPANY{time} must
provide a copy of this Exporter Certification to the U.S. importer
by the date of shipment;
(H) 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) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(J) 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:
(i) Suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met; and
(ii) 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; and
(iii) 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.
(K) This certification was completed at or prior to the date of
shipment.
(L) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
[FR Doc. 2021-11850 Filed 6-4-21; 8:45 am]
BILLING CODE 3510-DS-P