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]
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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
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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).
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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).
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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),
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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
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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.
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17:54 Feb 11, 2022
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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.
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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
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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.
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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
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17:54 Feb 11, 2022
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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.
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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
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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.
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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
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17:54 Feb 11, 2022
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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]]
=======================================================================
-----------------------------------------------------------------------
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
