Oil Country Tubular Goods From the People's Republic of China: Initiation and Preliminary Results of Antidumping and Countervailing Duty Changed Circumstances Reviews, 8230-8233 [2022-03048]

Download as PDF 8230 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–943, C–570–944] Oil Country Tubular Goods From the People’s Republic of China: Initiation and Preliminary Results of Antidumping and Countervailing Duty Changed Circumstances Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is simultaneously initiating and issuing the preliminary results of the changed circumstances reviews of the antidumping and countervailing duty orders on oil country tubular goods (OCTG) from the People’s Republic of China (China) to determine whether HLDS (B) Steel Sdn Bhd (HLDS (B)) and HLD Clark Steel Pipe Co., Inc. (HLD Clark) (collectively, HLD companies) are eligible to participate in a certification process because the HLD companies have preliminarily demonstrated that they can identify OCTG that they produced in either Brunei or the Philippines using non-Chinese hotrolled steel. We invite interested parties to comment on these preliminary results. AGENCY: DATES: Applicable February 14, 2022. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5760. SUPPLEMENTARY INFORMATION: Background jspears on DSK121TN23PROD with NOTICES1 On November 26, 2021, Commerce found that imports of welded OCTG completed in Brunei or the Philippines using inputs manufactured in China are circumventing the antidumping and countervailing duty orders on OCTG from China.1 In the Final Determinations, Commerce found that welded OCTG ‘‘assembled or completed in Brunei or the Philippines using nonChinese inputs is not subject to these 1 See Oil Country Tubular Goods from the People’s Republic of China: Final Affirmative Determinations of Circumvention, 86 FR 67443 (November 26, 2021) (Final Determinations); see also Certain Oil Country Tubular Goods from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 75 FR 28551 (May 21, 2010); and Certain Oil Country Tubular Goods from the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75 FR 3203 (January 20, 2010). VerDate Sep<11>2014 17:54 Feb 11, 2022 Jkt 256001 circumvention inquiries,’’ but because the HLD companies were ‘‘unable to track welded OCTG to the country of origin of inputs used in the production of welded OCTG,’’ Commerce decided not to ‘‘implement a certification process for welded OCTG already suspended,’’ and required ‘‘cash deposits on all entries of welded OCTG produced in either Brunei or the Philippines.’’ 2 However, Commerce indicated that ‘‘producers and/or exporters in Brunei or the Philippines may request reconsideration of our denial of the certification process in a future segment of the proceeding, i.e., a changed circumstances review or administrative review.’’ 3 On December 23, 2021, the HLD companies submitted changed circumstances review requests, in which they claim that they are able to identify and segregate welded OCTG made using non-Chinese hot-rolled steel by either HLDS (B) in Brunei or HLD Clark in the Philippines and then subsequently exported from either Brunei or the Philippines to the United States.4 The HLD companies request that Commerce find them eligible for certification of these welded OCTG as non-subject merchandise. In response to Commerce’s requests for additional information, the HLD companies submitted their supplemental responses on January 18, 2022,5 and January 24, 2022.6 Scope of the Orders The scope of these orders consists of certain OCTG, which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish (e.g., whether or not plain end, threaded, or threaded and coupled) whether or not conforming to American Petroleum Institute (API) or non-API specifications, whether finished (including limited service OCTG products) or unfinished (including green tubes and limited service OCTG products), whether or not thread protectors are attached. The scope of the orders also covers OCTG coupling stock. Excluded from the scope of the orders 2 See Final Determinations, 86 FR 67444. 3 Id. 4 See HLD Companies’ Letters, ‘‘Request for Changed Circumstances Review,’’ dated December 23, 2021 (CCR Request), and ‘‘First Supplemental Questionnaire Response’’ dated January 18, 2022 (First Supplemental Response). 5 See First Supplemental Response. 6 See HLD Companies’ Letter, ‘‘Second Supplemental Questionnaire Response,’’ dated January 24, 2022 (Second Supplemental Response). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 are casing or tubing containing 10.5 percent or more by weight of chromium; drill pipe; unattached couplings; and unattached thread protectors. The merchandise covered by the orders is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 7306.29.81.50. The OCTG coupling stock covered by the orders may also enter under the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28, 7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80, 7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65, 7304.59.80.70, and 7304.59.80.80. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of the orders is dispositive. Initiation of Changed Circumstances Reviews Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(d), Commerce will conduct a changed circumstances review upon receipt of a request from an interested party or receipt of information concerning an antidumping and/or countervailing duty order which shows changed circumstances sufficient to warrant a review of the order. In accordance with 19 CFR 351.216(d), E:\FR\FM\14FEN1.SGM 14FEN1 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Notices Commerce finds that the HLD companies provided sufficient information to initiate the changed circumstances reviews. Therefore, we are initiating the changed circumstances reviews pursuant to sections 751(b)(1) of the Act and 19 CFR 351.216(d) to determine whether the HLD companies are: (1) Able to identify welded OCTG produced by either HLDS (B) in Brunei or HLD Clark in the Philippines using non-Chinese hot-rolled steel and exported from either Brunei or the Philippines to the United States; and (2) eligible for the certification process. Preliminary Results of Changed Circumstances Reviews jspears on DSK121TN23PROD with NOTICES1 Commerce is conducting these changed circumstances reviews in accordance with sections 751(b)(1) of the Act. We preliminarily determine that, since the publication of the Final Determinations, the HLD companies have demonstrated in their changed circumstances review requests that they are able to identify and segregate welded OCTG produced by either HLDS (B) in Brunei or HLD Clark in the Philippines using non-Chinese hotrolled steel and exported from either Brunei or the Philippines to the United States. The HLD companies claim that, right after the Preliminary Determinations, they implemented ‘‘changes for separating hot-rolled steel of Chineseorigin from hot-rolled steel of nonChinese-origin, and finished pipes produced using hot-rolled steel from Chinese-origin and non-Chinese-origin, both physically and in the HLD Companies’ accounting records.’’ 7 To support these claims, the HDL companies provided company resolutions detailing the implementations of these changes.8 The HLD companies claim that they now store: (1) Chinese hot-rolled steel and non-Chinese hot-rolled steel separately in separate storage zones in their production facilities; and (2) welded OCTG produced using Chinese hot-rolled steel and welded OCTG produced using non-Chinese hot-rolled steel in separate storage zones in their production facilities.9 To support these assertions, the HLD companies provided photos of these storage zones and the blueprints of the production facilities 7 See CCR Request at 4; see also Oil Country Tubular Goods from the People’s Republic of China: Preliminary Affirmative Determinations of Circumvention, 86 FR 43627, 43629 (August 10, 2021) (signed on August 4, 2021) (Preliminary Determinations). 8 See CCR Request at Exhibit 2. 9 Id. at 4. VerDate Sep<11>2014 17:54 Feb 11, 2022 Jkt 256001 with identification of specific storage zones.10 The HLD companies explain that it has been their business practice to mark OCTG with the heat number of the steel mill that produced the hot-rolled steel, in accordance with the OCTG industry’s traceability requirements. The HLD companies claim that, in addition to the heat number, they began to mark OCTG with the bill of lading number of their imported hot-rolled steel to enhance the traceability of the country of origin of each hot-rolled steel.11 To support these claims, the HLD companies provided photos of finished OCTG with these markings.12 The HLD companies claim that they maintain separate production records that track finished OCTG produced using Chinese hot-rolled steel and finished OCTG produced using nonChinese hot-rolled steel.13 The HLD companies claim that they each record: ‘‘(i) the Chinese and non-Chinese hotrolled steel under separate raw material accounts; (ii) finished pipes produced using Chinese and non-Chinese hotrolled steel under separate finished goods accounts; and (iii) sales of pipes from Chinese and non-Chinese hotrolled steel under separate export sales accounts.’’ 14 To support these claims, the HLD companies provided mill certificate traces and accounting records screenshots.15 We have examined the information provided by the HLD companies, and we preliminarily find that the HLD companies are now able to identify and effectively segregate welded OCTG produced by either HLDS (B) in Brunei or HLD Clark in the Philippines using non-Chinese hot-rolled steel from other OCTG produced at their facilities. If these preliminary results are adopted in our final results of these changed circumstances reviews, effective on the publication date of our final results, the HLD companies and their importers will be eligible, where appropriate, to certify that welded OCTG produced by either HLDS (B) in 10 Id. at 4 and Exhibits 3 and 4 for HLD Clark and HLDS (B), respectively. 11 Id. at 4–5. 12 Id. at Exhibit 5; see also First Supplemental Response at 2 and Exhibit SQ1–3. Because HLDS (B) has not recently made any sales of OCTG, it alternatively provided a photo of non-OCTG pipes to support its assertion. See First Supplemental Response at 2; and Second Supplemental Response at 1 and Exhibit SQ2–2. 13 See CCR Request at 5 and Exhibits 6 and 7. 14 Id. at 5 and Exhibits 8 and 9; see also First Supplemental Response at 1–3 and Exhibits SQ1– 4—SQ1–10. 15 See CCR Request at 5–7 and Exhibit 10; see also First Supplemental Response at 1–3 and Exhibits SQ1–2, SQ1–4—SQ1–10; and Second Supplemental Response at 1 and Exhibits SQ2–1 and SQ2–3. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 8231 Brunei or HLD Clark in the Philippines and exported from either Brunei or the Philippines were produced using nonChinese hot-rolled steel. OCTG entering the United States with such certification will not be subject to suspension of liquidation and a requirement to post cash deposits of estimated antidumping and countervailing duties. The draft certification language is attached as an appendix to this notice. Interested parties are invited to comment on the draft certification language in their case briefs. Suspension of Liquidation and Certification Requirements In accordance with 19 CFR 351.225(l)(3), if the final results of these reviews remain unchanged from the preliminary results, the suspension of liquidation instructions will remain in effect until further notice. Commerce will direct CBP to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of welded OCTGs produced (i.e., assembled or completed) by either HLDS (B) in Brunei or HLD Clark in the Philippines using Chinese hot-rolled steel and exported from either Brunei or the Philippines that were entered, or withdrawn from warehouse, for consumption on or after the date of initiation of the changed circumstances reviews. Welded OCTG produced by either HLDS (B) in Brunei or HLD Clark in the Philippines using non-Chinese hotrolled steel and exported from either Brunei or the Philippines are not subject to the antidumping and countervailing duty orders on OCTG from China. However, imports of such merchandise are subject to certification requirements, and cash deposits may be required if the certification requirements are not satisfied. Accordingly, if an importer enters welded OCTG produced by either HLDS (B) in Brunei or HLD Clark in the Philippines and exported from either Brunei or the Philippines and claims that the welded OCTG was produced from non-Chinese hot-rolled steel, in order not to be subject to cash deposit requirements, the importer and exporter are required to meet the certification and documentation requirements described herein and in the certifications contained in the appendix. Where no certification is provided for an entry of welded OCTG produced by either HLDS (B) in Brunei or HLD Clark in the Philippines and exported from either Brunei or the Philippines to the United States, the antidumping and countervailing duty orders on OCTG from China apply to that entry and Commerce intends to instruct CBP to E:\FR\FM\14FEN1.SGM 14FEN1 8232 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Notices suspend the entry and collect cash deposits of estimated antidumping duties equal to the rate established for the China-wide entity, i.e., 99.14 percent,16 and cash deposits of estimated countervailing duties equal to the current all-others rate, i.e., 27.08 percent.17 For shipments and/or entry summaries made on or after the date of publication of the initiation of the changed circumstances reviews through 30 days after the date of publication of the final results of these changed circumstances reviews for which certifications are required, importers and exporters should complete the required certification within 30 days after the publication of the final results of these changed circumstances reviews in the Federal Register. Accordingly, where appropriate, the relevant item in the certification should be modified to reflect that the certification was completed within the time frame specified above. For such entries/ shipments, importers and exporters each have the option to complete a blanket certification covering multiple entries/shipments, individual certifications for each entry/shipment, or a combination thereof. For shipments and/or entries made on or after 31 days after the date of publication of the final results of these changed circumstances reviews 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. jspears on DSK121TN23PROD with NOTICES1 Public Comment Interested parties may submit case briefs no later than 14 days after the publication of this notice.18 Rebuttal briefs, which must be limited to issues raised in case briefs, may be filed not later than seven days after the deadline for filing case briefs.19 Commerce has 16 See Oil Country Tubular Goods from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2017– 2018, 84 FR 32125, 32126 (July 5, 2019). 17 See Oil Country Tubular Goods from the People’s Republic of China: Notice of Court Decision Not in Harmony With the Amended Final Determination of the Countervailing Duty Investigation, 82 FR 25770 (June 5, 2017). 18 See 19 CFR 351.309(c)(1)(ii). (‘‘Any interested party . . . may submit a ‘case brief’ within . . . 30 days after the date of publication of the preliminary results of {a changed circumstances} review, unless the Secretary alters the time limit . . . ’’) (Emphasis added). 19 See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006, 17007 (March 26, 2020) (‘‘To provide adequate time for release of case briefs VerDate Sep<11>2014 17:54 Feb 11, 2022 Jkt 256001 modified certain of its requirements for serving documents containing business proprietary information until further notice.20 Parties who submit case briefs or rebuttal briefs in these changed circumstances reviews are requested to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Interested parties that wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS, within 14 days of publication of this notice.21 The hearing request should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined. Parties should confirm by telephone the date and time of the hearing two days before the scheduled date. All submissions, with limited exceptions, must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. An electronically filed document must be received successfully in its entirety by no later than 5:00 p.m. Eastern Time on the date the document is due. Notifications to Interested Parties Consistent with 19 CFR 351.216(e), we intend to issue the final results of these changed circumstances reviews no later than 270 days after the date on which these reviews were initiated, or within 45 days after the publication of the initiation and preliminary results if all parties in these changed circumstances reviews agree to our preliminary results. The final results will include Commerce’s analysis of issues raised in any written comments. We are issuing and publishing this notice of initiation and preliminary via ACCESS, E&C intends to schedule the due date for all rebuttal briefs to be 7 days after case briefs are filed (while these modifications remain in effect).’’) 20 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 21 See 19 CFR 351.310(c) (‘‘Any interested party may request that the Secretary hold a public hearing on arguments to be raised in case or rebuttal briefs within 30 days after the date of publication of the . . . preliminary results of review, unless the Secretary alters this time limit . . .’’) (Emphasis added); see also 19 CFR 351.303 for general filing requirements. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 results in accordance with sections 751(b)(1) and 777(i) of the Act, 19 CFR 351.216, and 19 CFR 351.221(c)(3)(i). Dated: February 7, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix Exporter Certification Special Instructions: The party that made the sale to the United States should fill out the exporter certification. Only parties that exported welded OCTG produced by either HLDS (B) Steel Sdn. Bhd. in Brunei or HLD Clark Steel Pipe Co., Inc. in the Philippines are eligible for this certification process. I hereby certify that: A. My name is {COMPANY OFFICIAL’S NAME} and I am an official of {NAME OF EXPORTING COMPANY}, located at {ADDRESS}; B. I have direct personal knowledge of the facts regarding the production and exportation of the welded oil country tubular goods (OCTG) 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. Welded OCTG produced in either Brunei or the Philippines and covered by this certification were not manufactured using hot-rolled steel produced in the People’s Republic of China (China). 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 welded OCTG 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 E:\FR\FM\14FEN1.SGM 14FEN1 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Notices 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 and countervailing duty orders on welded OCTG from China. I understand that such finding will result in: 1. Suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and 2. the requirement that the importer post applicable antidumping and countervailing duty cash deposits (as appropriate) equal to the rates as determined by Commerce; and 3. the revocation of {NAME OF EXPORTING COMPANY}’s privilege to certify future exports of welded OCTG from either Brunei or the Philippines as not manufactured using hot-rolled steel from China. 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. jspears on DSK121TN23PROD with NOTICES1 Signature NAME OF COMPANY OFFICIAL TITLE DATE 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 welded oil country tubular goods (OCTG) produced in either Brunei or the Philippines that entered under entry summary number(s) identified below and are covered by this certification. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own records. For example, the importer should have direct personal knowledge of the importation of the product (e.g., the name of the exporter) in its records. 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: Welded OCTG 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. Welded OCTG covered by this certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS VerDate Sep<11>2014 17:54 Feb 11, 2022 Jkt 256001 FIRST SHIPPED IN THE UNITED STATES}, located at {ADDRESS OF SHIPMENT}. E. I have personal knowledge of the facts regarding the production of the welded OCTG 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. Welded OCTG covered by this certification were not manufactured using hot-rolled steel produced in the People’s Republic of China (China). 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 to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce), upon request by the respective agency. 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 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 and countervailing duty orders on welded OCTG from China. I understand that such finding will result in: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 8233 1. Suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; 2. the requirement that the importer post applicable antidumping and countervailing duty cash deposits (as appropriate) equal to the rates determined by Commerce; and 3. the revocation of {NAME OF IMPORTING COMPANY}’s privilege to certify future imports of welded OCTG from either Brunei or the Philippines as not manufactured using hot-rolled steel from China. N. I understand that agents of the importer, such as brokers, are not permitted to make this certification. Where a broker or other party was used to facilitate the entry process, {NAME OF IMPORTING COMPANY} obtained the entry summary number and date of entry summary from that party. 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 [FR Doc. 2022–03048 Filed 2–11–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration ENVIRONMENTAL PROTECTION AGENCY Coastal Nonpoint Pollution Control Program: Proposal To Find That Texas Has Satisfied Conditions on Earlier Approval National Oceanic and Atmospheric Administration, U.S. Department of Commerce, and U.S. Environmental Protection Agency. ACTION: Notice of proposed finding; request for comments. AGENCY: The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) (hereafter, ‘‘the agencies’’) invite public comment on the agencies’ proposed finding that Texas has satisfied all conditions the agencies established as part of their 2003 approval of the State’s coastal nonpoint pollution control program (coastal nonpoint program). The Coastal Zone Act Reauthorization Amendments (CZARA) directs states and territories with coastal zone management programs previously approved under Section 306 of the Coastal Zone Management Act to SUMMARY: E:\FR\FM\14FEN1.SGM 14FEN1

Agencies

[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Notices]
[Pages 8230-8233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03048]



[[Page 8230]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-943, C-570-944]


Oil Country Tubular Goods From the People's Republic of China: 
Initiation and Preliminary Results of Antidumping and Countervailing 
Duty Changed Circumstances Reviews

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

SUMMARY: The Department of Commerce (Commerce) is simultaneously 
initiating and issuing the preliminary results of the changed 
circumstances reviews of the antidumping and countervailing duty orders 
on oil country tubular goods (OCTG) from the People's Republic of China 
(China) to determine whether HLDS (B) Steel Sdn Bhd (HLDS (B)) and HLD 
Clark Steel Pipe Co., Inc. (HLD Clark) (collectively, HLD companies) 
are eligible to participate in a certification process because the HLD 
companies have preliminarily demonstrated that they can identify OCTG 
that they produced in either Brunei or the Philippines using non-
Chinese hot-rolled steel. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable February 14, 2022.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5760.

SUPPLEMENTARY INFORMATION:

Background

    On November 26, 2021, Commerce found that imports of welded OCTG 
completed in Brunei or the Philippines using inputs manufactured in 
China are circumventing the antidumping and countervailing duty orders 
on OCTG from China.\1\ In the Final Determinations, Commerce found that 
welded OCTG ``assembled or completed in Brunei or the Philippines using 
non-Chinese inputs is not subject to these circumvention inquiries,'' 
but because the HLD companies were ``unable to track welded OCTG to the 
country of origin of inputs used in the production of welded OCTG,'' 
Commerce decided not to ``implement a certification process for welded 
OCTG already suspended,'' and required ``cash deposits on all entries 
of welded OCTG produced in either Brunei or the Philippines.'' \2\ 
However, Commerce indicated that ``producers and/or exporters in Brunei 
or the Philippines may request reconsideration of our denial of the 
certification process in a future segment of the proceeding, i.e., a 
changed circumstances review or administrative review.'' \3\
---------------------------------------------------------------------------

    \1\ See Oil Country Tubular Goods from the People's Republic of 
China: Final Affirmative Determinations of Circumvention, 86 FR 
67443 (November 26, 2021) (Final Determinations); see also Certain 
Oil Country Tubular Goods from the People's Republic of China: 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order, 75 FR 28551 (May 21, 2010); and Certain Oil 
Country Tubular Goods from the People's Republic of China: Amended 
Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 75 FR 3203 (January 20, 2010).
    \2\ See Final Determinations, 86 FR 67444.
    \3\ Id.
---------------------------------------------------------------------------

    On December 23, 2021, the HLD companies submitted changed 
circumstances review requests, in which they claim that they are able 
to identify and segregate welded OCTG made using non-Chinese hot-rolled 
steel by either HLDS (B) in Brunei or HLD Clark in the Philippines and 
then subsequently exported from either Brunei or the Philippines to the 
United States.\4\ The HLD companies request that Commerce find them 
eligible for certification of these welded OCTG as non-subject 
merchandise. In response to Commerce's requests for additional 
information, the HLD companies submitted their supplemental responses 
on January 18, 2022,\5\ and January 24, 2022.\6\
---------------------------------------------------------------------------

    \4\ See HLD Companies' Letters, ``Request for Changed 
Circumstances Review,'' dated December 23, 2021 (CCR Request), and 
``First Supplemental Questionnaire Response'' dated January 18, 2022 
(First Supplemental Response).
    \5\ See First Supplemental Response.
    \6\ See HLD Companies' Letter, ``Second Supplemental 
Questionnaire Response,'' dated January 24, 2022 (Second 
Supplemental Response).
---------------------------------------------------------------------------

Scope of the Orders

    The scope of these orders consists of certain OCTG, which are 
hollow steel products of circular cross-section, including oil well 
casing and tubing, of iron (other than cast iron) or steel (both carbon 
and alloy), whether seamless or welded, regardless of end finish (e.g., 
whether or not plain end, threaded, or threaded and coupled) whether or 
not conforming to American Petroleum Institute (API) or non-API 
specifications, whether finished (including limited service OCTG 
products) or unfinished (including green tubes and limited service OCTG 
products), whether or not thread protectors are attached. The scope of 
the orders also covers OCTG coupling stock. Excluded from the scope of 
the orders are casing or tubing containing 10.5 percent or more by 
weight of chromium; drill pipe; unattached couplings; and unattached 
thread protectors.
    The merchandise covered by the orders is currently classified in 
the Harmonized Tariff Schedule of the United States (HTSUS) under item 
numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 
7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 
7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 
7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 
7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 
7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30, 
7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80, 
7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 
7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45, 
7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00, 
7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 
7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10, 
7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
    The OCTG coupling stock covered by the orders may also enter under 
the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28, 
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44, 
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62, 
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80, 
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25, 
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65, 
7304.59.80.70, and 7304.59.80.80.
    The HTSUS subheadings are provided for convenience and customs 
purposes only; the written description of the scope of the orders is 
dispositive.

Initiation of Changed Circumstances Reviews

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.216(d), Commerce will conduct a changed 
circumstances review upon receipt of a request from an interested party 
or receipt of information concerning an antidumping and/or 
countervailing duty order which shows changed circumstances sufficient 
to warrant a review of the order. In accordance with 19 CFR 351.216(d),

[[Page 8231]]

Commerce finds that the HLD companies provided sufficient information 
to initiate the changed circumstances reviews. Therefore, we are 
initiating the changed circumstances reviews pursuant to sections 
751(b)(1) of the Act and 19 CFR 351.216(d) to determine whether the HLD 
companies are: (1) Able to identify welded OCTG produced by either HLDS 
(B) in Brunei or HLD Clark in the Philippines using non-Chinese hot-
rolled steel and exported from either Brunei or the Philippines to the 
United States; and (2) eligible for the certification process.

Preliminary Results of Changed Circumstances Reviews

    Commerce is conducting these changed circumstances reviews in 
accordance with sections 751(b)(1) of the Act. We preliminarily 
determine that, since the publication of the Final Determinations, the 
HLD companies have demonstrated in their changed circumstances review 
requests that they are able to identify and segregate welded OCTG 
produced by either HLDS (B) in Brunei or HLD Clark in the Philippines 
using non-Chinese hot-rolled steel and exported from either Brunei or 
the Philippines to the United States.
    The HLD companies claim that, right after the Preliminary 
Determinations, they implemented ``changes for separating hot-rolled 
steel of Chinese-origin from hot-rolled steel of non-Chinese-origin, 
and finished pipes produced using hot-rolled steel from Chinese-origin 
and non-Chinese-origin, both physically and in the HLD Companies' 
accounting records.'' \7\ To support these claims, the HDL companies 
provided company resolutions detailing the implementations of these 
changes.\8\
---------------------------------------------------------------------------

    \7\ See CCR Request at 4; see also Oil Country Tubular Goods 
from the People's Republic of China: Preliminary Affirmative 
Determinations of Circumvention, 86 FR 43627, 43629 (August 10, 
2021) (signed on August 4, 2021) (Preliminary Determinations).
    \8\ See CCR Request at Exhibit 2.
---------------------------------------------------------------------------

    The HLD companies claim that they now store: (1) Chinese hot-rolled 
steel and non-Chinese hot-rolled steel separately in separate storage 
zones in their production facilities; and (2) welded OCTG produced 
using Chinese hot-rolled steel and welded OCTG produced using non-
Chinese hot-rolled steel in separate storage zones in their production 
facilities.\9\ To support these assertions, the HLD companies provided 
photos of these storage zones and the blueprints of the production 
facilities with identification of specific storage zones.\10\
---------------------------------------------------------------------------

    \9\ Id. at 4.
    \10\ Id. at 4 and Exhibits 3 and 4 for HLD Clark and HLDS (B), 
respectively.
---------------------------------------------------------------------------

    The HLD companies explain that it has been their business practice 
to mark OCTG with the heat number of the steel mill that produced the 
hot-rolled steel, in accordance with the OCTG industry's traceability 
requirements. The HLD companies claim that, in addition to the heat 
number, they began to mark OCTG with the bill of lading number of their 
imported hot-rolled steel to enhance the traceability of the country of 
origin of each hot-rolled steel.\11\ To support these claims, the HLD 
companies provided photos of finished OCTG with these markings.\12\
---------------------------------------------------------------------------

    \11\ Id. at 4-5.
    \12\ Id. at Exhibit 5; see also First Supplemental Response at 2 
and Exhibit SQ1-3. Because HLDS (B) has not recently made any sales 
of OCTG, it alternatively provided a photo of non-OCTG pipes to 
support its assertion. See First Supplemental Response at 2; and 
Second Supplemental Response at 1 and Exhibit SQ2-2.
---------------------------------------------------------------------------

    The HLD companies claim that they maintain separate production 
records that track finished OCTG produced using Chinese hot-rolled 
steel and finished OCTG produced using non-Chinese hot-rolled 
steel.\13\ The HLD companies claim that they each record: ``(i) the 
Chinese and non-Chinese hot-rolled steel under separate raw material 
accounts; (ii) finished pipes produced using Chinese and non-Chinese 
hot-rolled steel under separate finished goods accounts; and (iii) 
sales of pipes from Chinese and non-Chinese hot-rolled steel under 
separate export sales accounts.'' \14\ To support these claims, the HLD 
companies provided mill certificate traces and accounting records 
screenshots.\15\
---------------------------------------------------------------------------

    \13\ See CCR Request at 5 and Exhibits 6 and 7.
    \14\ Id. at 5 and Exhibits 8 and 9; see also First Supplemental 
Response at 1-3 and Exhibits SQ1-4--SQ1-10.
    \15\ See CCR Request at 5-7 and Exhibit 10; see also First 
Supplemental Response at 1-3 and Exhibits SQ1-2, SQ1-4--SQ1-10; and 
Second Supplemental Response at 1 and Exhibits SQ2-1 and SQ2-3.
---------------------------------------------------------------------------

    We have examined the information provided by the HLD companies, and 
we preliminarily find that the HLD companies are now able to identify 
and effectively segregate welded OCTG produced by either HLDS (B) in 
Brunei or HLD Clark in the Philippines using non-Chinese hot-rolled 
steel from other OCTG produced at their facilities.
    If these preliminary results are adopted in our final results of 
these changed circumstances reviews, effective on the publication date 
of our final results, the HLD companies and their importers will be 
eligible, where appropriate, to certify that welded OCTG produced by 
either HLDS (B) in Brunei or HLD Clark in the Philippines and exported 
from either Brunei or the Philippines were produced using non-Chinese 
hot-rolled steel. OCTG entering the United States with such 
certification will not be subject to suspension of liquidation and a 
requirement to post cash deposits of estimated antidumping and 
countervailing duties. The draft certification language is attached as 
an appendix to this notice. Interested parties are invited to comment 
on the draft certification language in their case briefs.

Suspension of Liquidation and Certification Requirements

    In accordance with 19 CFR 351.225(l)(3), if the final results of 
these reviews remain unchanged from the preliminary results, the 
suspension of liquidation instructions will remain in effect until 
further notice. Commerce will direct CBP to suspend liquidation and to 
require a cash deposit of estimated duties on unliquidated entries of 
welded OCTGs produced (i.e., assembled or completed) by either HLDS (B) 
in Brunei or HLD Clark in the Philippines using Chinese hot-rolled 
steel and exported from either Brunei or the Philippines that were 
entered, or withdrawn from warehouse, for consumption on or after the 
date of initiation of the changed circumstances reviews.
    Welded OCTG produced by either HLDS (B) in Brunei or HLD Clark in 
the Philippines using non-Chinese hot-rolled steel and exported from 
either Brunei or the Philippines are not subject to the antidumping and 
countervailing duty orders on OCTG from China. However, imports of such 
merchandise are subject to certification requirements, and cash 
deposits may be required if the certification requirements are not 
satisfied. Accordingly, if an importer enters welded OCTG produced by 
either HLDS (B) in Brunei or HLD Clark in the Philippines and exported 
from either Brunei or the Philippines and claims that the welded OCTG 
was produced from non-Chinese hot-rolled steel, in order not to be 
subject to cash deposit requirements, the importer and exporter are 
required to meet the certification and documentation requirements 
described herein and in the certifications contained in the appendix. 
Where no certification is provided for an entry of welded OCTG produced 
by either HLDS (B) in Brunei or HLD Clark in the Philippines and 
exported from either Brunei or the Philippines to the United States, 
the antidumping and countervailing duty orders on OCTG from China apply 
to that entry and Commerce intends to instruct CBP to

[[Page 8232]]

suspend the entry and collect cash deposits of estimated antidumping 
duties equal to the rate established for the China-wide entity, i.e., 
99.14 percent,\16\ and cash deposits of estimated countervailing duties 
equal to the current all-others rate, i.e., 27.08 percent.\17\
---------------------------------------------------------------------------

    \16\ See Oil Country Tubular Goods from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2017-2018, 84 FR 32125, 32126 (July 5, 2019).
    \17\ See Oil Country Tubular Goods from the People's Republic of 
China: Notice of Court Decision Not in Harmony With the Amended 
Final Determination of the Countervailing Duty Investigation, 82 FR 
25770 (June 5, 2017).
---------------------------------------------------------------------------

    For shipments and/or entry summaries made on or after the date of 
publication of the initiation of the changed circumstances reviews 
through 30 days after the date of publication of the final results of 
these changed circumstances reviews for which certifications are 
required, importers and exporters should complete the required 
certification within 30 days after the publication of the final results 
of these changed circumstances reviews in the Federal Register. 
Accordingly, where appropriate, the relevant item in the certification 
should be modified to reflect that the certification was completed 
within the time frame specified above. For such entries/shipments, 
importers and exporters each have the option to complete a blanket 
certification covering multiple entries/shipments, individual 
certifications for each entry/shipment, or a combination thereof. For 
shipments and/or entries made on or after 31 days after the date of 
publication of the final results of these changed circumstances reviews 
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.

Public Comment

    Interested parties may submit case briefs no later than 14 days 
after the publication of this notice.\18\ Rebuttal briefs, which must 
be limited to issues raised in case briefs, may be filed not later than 
seven days after the deadline for filing case briefs.\19\ Commerce has 
modified certain of its requirements for serving documents containing 
business proprietary information until further notice.\20\ Parties who 
submit case briefs or rebuttal briefs in these changed circumstances 
reviews are requested to submit with each argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities. Interested parties that wish to request a hearing must 
submit a written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS, within 14 days of 
publication of this notice.\21\ The hearing request should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, Commerce intends to hold 
the hearing at a date and time to be determined. Parties should confirm 
by telephone the date and time of the hearing two days before the 
scheduled date.
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.309(c)(1)(ii). (``Any interested party . . . 
may submit a `case brief' within . . . 30 days after the date of 
publication of the preliminary results of {a changed 
circumstances{time}  review, unless the Secretary alters the time 
limit . . . '') (Emphasis added).
    \19\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'')
    \20\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \21\ See 19 CFR 351.310(c) (``Any interested party may request 
that the Secretary hold a public hearing on arguments to be raised 
in case or rebuttal briefs within 30 days after the date of 
publication of the . . . preliminary results of review, unless the 
Secretary alters this time limit . . .'') (Emphasis added); see also 
19 CFR 351.303 for general filing requirements.
---------------------------------------------------------------------------

    All submissions, with limited exceptions, must be filed 
electronically using Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. An 
electronically filed document must be received successfully in its 
entirety by no later than 5:00 p.m. Eastern Time on the date the 
document is due.

Notifications to Interested Parties

    Consistent with 19 CFR 351.216(e), we intend to issue the final 
results of these changed circumstances reviews no later than 270 days 
after the date on which these reviews were initiated, or within 45 days 
after the publication of the initiation and preliminary results if all 
parties in these changed circumstances reviews agree to our preliminary 
results. The final results will include Commerce's analysis of issues 
raised in any written comments.
    We are issuing and publishing this notice of initiation and 
preliminary results in accordance with sections 751(b)(1) and 777(i) of 
the Act, 19 CFR 351.216, and 19 CFR 351.221(c)(3)(i).

    Dated: February 7, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Exporter Certification

    Special Instructions: The party that made the sale to the United 
States should fill out the exporter certification. Only parties that 
exported welded OCTG produced by either HLDS (B) Steel Sdn. Bhd. in 
Brunei or HLD Clark Steel Pipe Co., Inc. in the Philippines are 
eligible for this certification process.
    I hereby certify that:
    A. My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {NAME OF EXPORTING COMPANY{time} , located at 
{ADDRESS{time} ;
    B. I have direct personal knowledge of the facts regarding the 
production and exportation of the welded oil country tubular goods 
(OCTG) 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. Welded OCTG produced in either Brunei or the Philippines and 
covered by this certification were not manufactured using hot-rolled 
steel produced in the People's Republic of China (China).
    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 welded OCTG 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

[[Page 8233]]

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 and countervailing duty orders on welded OCTG from 
China. I understand that such finding will result in:
    1. Suspension of all unliquidated entries (and entries for which 
liquidation has not become final) for which these requirements were 
not met; and
    2. the requirement that the importer post applicable antidumping 
and countervailing duty cash deposits (as appropriate) equal to the 
rates as determined by Commerce; and
    3. the revocation of {NAME OF EXPORTING COMPANY{time} 's 
privilege to certify future exports of welded OCTG from either 
Brunei or the Philippines as not manufactured using hot-rolled steel 
from China.
    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

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 
welded oil country tubular goods (OCTG) produced in either Brunei or 
the Philippines that entered under entry summary number(s) 
identified below and are covered by this certification. ``Direct 
personal knowledge'' refers to facts the certifying party is 
expected to have in its own records. For example, the importer 
should have direct personal knowledge of the importation of the 
product (e.g., the name of the exporter) in its records.
    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: Welded OCTG 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. Welded OCTG 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 welded OCTG 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. Welded OCTG covered by this certification were not 
manufactured using hot-rolled steel produced in the People's 
Republic of China (China).
    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 to 
U.S. Customs and Border Protection (CBP) and/or the Department of 
Commerce (Commerce), upon request by the respective agency.
    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 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 and countervailing duty orders on welded OCTG from 
China. I understand that such finding will result in:
    1. Suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    2. the requirement that the importer post applicable antidumping 
and countervailing duty cash deposits (as appropriate) equal to the 
rates determined by Commerce; and
    3. the revocation of {NAME OF IMPORTING COMPANY{time} 's 
privilege to certify future imports of welded OCTG from either 
Brunei or the Philippines as not manufactured using hot-rolled steel 
from China.
    N. I understand that agents of the importer, such as brokers, 
are not permitted to make this certification. Where a broker or 
other party was used to facilitate the entry process, {NAME OF 
IMPORTING COMPANY{time}  obtained the entry summary number and date 
of entry summary from that party.
    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

[FR Doc. 2022-03048 Filed 2-11-22; 8:45 am]
BILLING CODE 3510-DS-P