Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Scope Determination and Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders; Extension of Deadline To Certify Certain Entries, 75231-75232 [2022-26670]
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
Exporter Certification
The party that made the sale to the United
States should fill out the exporter
certification.
I hereby certify that:
(A) My name is {COMPANY OFFICIAL’S
NAME} and I am an official of {NAME OF
FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES}, located at
{ADDRESS OF FOREIGN COMPANY THAT
MADE THE SALE TO THE UNITED
STATES};
(B) I have direct personal knowledge of the
facts regarding the production and
exportation of the solar cells and solar
modules for which sales are identified below.
‘‘Direct personal knowledge’’ refers to facts
the certifying party is expected to have in its
own records. For example, an exporter
should have direct personal knowledge of the
producer’s identity and location.
(C) The solar cells and/or solar modules
covered by this certification were shipped to
{NAME OF PARTY IN THE UNITED
STATES TO WHOM MERCHANDISE WAS
FIRST SHIPPED}, located at {U.S. ADDRESS
TO WHICH MERCHANDISE WAS
SHIPPED}.
(D) If the exported products covered by this
certification are solar cells that are not in
solar modules or products that contains solar
cells that are not in a solar module, then the
seller certifies that the solar cells produced
in {COUNTRY} that are covered by this
certification were not manufactured using
wafers produced in China, regardless of
whether sourced directly from a Chinese
producer or from a downstream supplier.
(E) If the exported products covered by this
certification are solar modules or products
that contain solar modules, then the seller
certifies that the solar modules produced in
{COUNTRY} that are covered by this
certification were not manufactured using
wafers produced in China, regardless of
whether sourced directly from a Chinese
producer or from a downstream supplier, or
the solar modules produced in {COUNTRY}
that are covered by this certification were
manufactured using wafers produced in
China but no more than two of the following
inputs that were used to manufacture the
solar modules were produced in China,
regardless of whether sourced directly from
a Chinese producer or from a Chinese
downstream supplier:
a. Silver Paste
b. Aluminum Frames
c. Glass
d. Backsheets
e. Ethylene-Vinyl Acetate
f. Junction Boxes
(F) The solar cells and/or solar modules
covered by this certification are not covered
by: (a) the antidumping duty or
countervailing duty orders on crystalline
silicon photovoltaic cells, whether or not
assembled into modules, from the People’s
Republic of China; or (b) the antidumping
duty order on certain crystalline silicon
photovoltaic products from Taiwan.
(G) 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):
VerDate Sep<11>2014
17:36 Dec 07, 2022
Jkt 259001
# of the Foreign Seller’s Invoice to the U.S.
Customer:
Applicable Line Item # of the Foreign Seller’s
Invoice to the U.S. Customer:
Producer Name:
Producer’s Address:
Invoice # of the Producer’s Invoice to the
Foreign Seller (if the foreign seller and the
producer are the same party, report ‘‘NA’’
here):
(H) I understand that {NAME OF FOREIGN
COMPANY THAT MADE THE SALE TO
THE UNITED STATES} 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,
product specification sheets, customer
specification sheets, production records,
invoices, etc.) until the later of: (1) the date
that is five years after the latest entry date of
the entries covered by the certification; or (2)
the date that is three years after the
conclusion of any litigation in United States
courts regarding such entries.
(I) I understand that {NAME OF FOREIGN
COMPANY THAT MADE THE SALE TO
THE UNITED STATES}is required to provide
the U.S. importer with a copy of this
certification and is required to provide U.S.
Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce
(Commerce) with a copy of this certification,
and any supporting documents, upon the
request of either agency.
(J) I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
(K) I understand that failure to maintain
the required certification and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing 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 sales of merchandise
that is covered by the scope of the
antidumping and countervailing duty orders
on solar cells and solar modules from China.
I understand that such a finding will result
in:
(i) suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the importer being required to post the
antidumping and countervailing duty cash
deposits determined by Commerce; and
(iii) the seller/exporter no longer being
allowed to participate in the certification
process.
(L) I understand that agents of the seller/
exporter, such as freight forwarding
companies or brokers, are not permitted to
make this certification.
(M) This certification was completed and
signed, and a copy of the certification was
provided to the importer, on, or prior to, the
date of shipment if the shipment date is after
the date of publication of the notice of
Commerce’s preliminary determination of
circumvention in the Federal Register. If the
shipment date is on or before the date of
publication of the notice of Commerce’s
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
75231
preliminary determination of circumvention
in the Federal Register, this certification was
completed and signed, and a copy of the
certification was provided to the importer, by
no later than 45 days after publication of the
notice of Commerce’s preliminary
determination of circumvention in the
Federal Register.
(N) I am aware that U.S. law (including,
but not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make materially
false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
llll
Date
[FR Doc. 2022–26671 Filed 12–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–051, C–570–052]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Preliminary Scope Determination and
Affirmative Preliminary Determination
of Circumvention of the Antidumping
and Countervailing Duty Orders;
Extension of Deadline To Certify
Certain Entries
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 29, 2022, the U.S.
Department of Commerce (Commerce)
published a notice of a preliminary
scope determination and affirmative
preliminary circumvention
determination in the Federal Register
concerning the antidumping duty (AD)
and countervailing duty (CVD) orders
on certain hardwood plywood products
(hardwood plywood) from the People’s
Republic of China (China). This notice
informs parties that Commerce has
extended the deadline for certain
exporters and importers to certify
entries of hardwood plywood exported
from the Socialist Republic of Vietnam
(Vietnam) that were entered, or
withdrawn from warehouse, for
consumption on or after June 17, 2020,
and until August 28, 2022. This notice
also informs interested parties that
Commerce is requesting comments
regarding a potential modification to
certification program eligibility, and the
process for demonstrating eligibility for
the certification program. In addition,
this notice provides several other
procedural notifications to interested
parties.
AGENCY:
DATES:
E:\FR\FM\08DEN1.SGM
Applicable December 1, 2022.
08DEN1
75232
Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2593.
SUPPLEMENTARY INFORMATION: In the
Preliminary Determination, Commerce
established a certification program and
a deadline for certain exporters and
importers to certify that entries of
hardwood plywood exported from
Vietnam that entered, or were
withdrawn from warehouse, for
consumption on or after June 17, 2020,
and until August 28, 2022, are not
subject to the AD and CVD orders on
hardwood plywood from China.1 On
September 12, 2022, Commerce
extended the deadline for exporters and
importers to complete these
certifications from September 12, 2022,2
to December 1, 2022.3
Extension and Modification
On November 30, 2022, Commerce
issued a memorandum via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS)
notifying interested parties that it was
extending the deadline for certifications
of entries on or after June 17, 2020, and
until August 28, 2022, until thirty days
after the deadline for the final
determination of this inquiry.
Accordingly, unless the final
determination is extended, certifications
of entries on or after June 17, 2020, and
until August 28, 2022, will be due by
March 2, 2023.4 Also on November 30,
2022, Commerce transmitted
lotter on DSK11XQN23PROD with NOTICES1
1 See
Certain Hardwood Plywood Products from
the People’s Republic of China: Preliminary Scope
Determination and Affirmative Preliminary
Determination of Circumvention of the
Antidumping and Countervailing Duty Orders, 87
FR 45753, 45756–58 (July 29, 2022) (Preliminary
Determination); see also Certain Hardwood
Plywood Products from the People’s Republic of
China: Amended Final Determination of Sales at
Less Than Fair Value, and Antidumping Duty
Order, 83 FR 504 (January 4, 2018); and Certain
Hardwood Plywood Products from the People’s
Republic of China: Countervailing Duty Order, 83
FR 513 (January 4, 2018).
2 See Preliminary Determination, 87 FR at 45756.
3 See Memorandum, ‘‘Extension of Deadline to
Certify Certain Entries of Hardwood Plywood and
Response to Request to Modify Cash Deposit
Instructions,’’ dated September 12, 2022; see also
Certain Hardwood Plywood Products from the
People’s Republic of China: Preliminary Scope
Determination and Affirmative Preliminary
Determination of Circumvention of the
Antidumping and Countervailing Duty Orders;
Extension of Deadline To Certify Certain Entries, 87
FR 58063 (September 23, 2022).
4 See Memorandum, ‘‘Extension of Deadline to
Certify Certain Entries of Hardwood Plywood and
Response to Ministerial Error Allegations,’’ dated
November 30, 2022.
VerDate Sep<11>2014
17:36 Dec 07, 2022
Jkt 259001
instructions to U.S. Customs and Border
Protection (CBP) notifying CBP of the
extended deadline.5 The deadline for
exporters and importers to complete the
certification requirements established in
the Preliminary Determination for
entries on or after June 17, 2020,
through August 28, 2022, is now March
2, 2023.
In addition, after considering
interested party comments to date,
Commerce is considering modifying its
eligibility determination and allowing
22 of the companies that Commerce
precluded from participating in the
certification program in the Preliminary
Determination (i.e., companies that
failed to cooperate by submitting
unreliable information) 6 to certify
entries during the period beginning on
June 17, 2020, through December 31,
2021. However, as detailed below,
should they wish to participate in the
certification program after December 31,
2021, these 22 companies would still
need to demonstrate their eligibility to
certify entries occurring on or after
January 1, 2022. As such, these 22
companies will not be allowed to
participate in the certification program
for entries that entered on or after
January 1, 2022. Additionally,
Commerce does not intend to modify
the certification program for the 14
companies that are precluded from
participating in this certification
program in the Preliminary
Determination (i.e., companies that
failed to respond to Commerce’s
requests for information) 7 and continue
to find these companies are still not
eligible to participate in the certification
program until they are able to
demonstrate their eligibility, as
described below. Parties that wish to
comment on this potential modification
should do so in their case briefs.8
In the event of an affirmative final
determination, Commerce intends to
instruct CBP to liquidate all suspended
entries from June 17, 2020, through
December 31, 2021, pursuant to the
5 See CBP Message 2335408, ‘‘Notice of Amended
Deadline for Certifications in the Vietnam-wide
Circumvention Inquiry of the Antidumping and
Countervailing Duty Orders on certain Hardwood
Plywood Products and Veneered Panels from the
People’s Republic of China (A–570–051, C–570–052
and A–552–006, C–552–007),’’ dated December 1,
2022; see also CBP Message 2335409, ‘‘Notice of
Amended Deadline for Certifications in the Scope
Inquiry of the Antidumping and Countervailing
Duty Orders on Certain Hardwood Plywood
Products and Veneered Panels from the People’s
Republic of China (A–570–051 and C–570–052),’’
dated December 1, 2022.
6 See Preliminary Determination at Appendix V.
7 Id.
8 Commerce intends to establish the schedule for
case and rebuttal briefs under 19 CFR 351.309(c)
and (d) at a later date.
PO 00000
Frm 00017
Fmt 4703
Sfmt 9990
previously issued automatic liquidation
instructions (ALIs) applicable to those
periods.
Entries made on or after January 1,
2022, that are ineligible for certification
(from the 22 companies that failed to
cooperate, the 14 companies that failed
to respond, or for other reasons) shall
remain subject to suspension until final
assessment on those entries, whether by
ALIs, or final results of administrative
review.9 Interested parties that wish to
have their suspended entries reviewed
or eligibility for the certification
program reevaluated should request an
administrative review of the relevant
suspended entries during the next
anniversary month of these Orders (i.e.,
January 2023).10
Notification to Interested Parties
This notice is issued and published in
accordance with section 781(b) of the
Tariff Act of 1930, as amended and 19
CFR 351.225(f) and (h).11
Dated: December 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–26670 Filed 12–7–22; 8:45 am]
BILLING CODE 3510–DS–P
9 Commerce continues to consider the process by
which companies may demonstrate eligibility for
the certification program in future segments and
may determine to audit some or all of the
certifications during this special excepted period
(i.e., June 17, 2020–December 31, 2021) by parties
that subsequently seek to participate in the
certification program. Commerce encourages
interested parties to provide comments on this topic
in their case briefs.
10 See 19 CFR 351.213(b).
11 Commerce significantly revised its scope
regulations on September 20, 2021, with an
effective date of November 4, 2021. See Regulations
to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR
52300 (September 20, 2021). The amendments to 19
CFR 351.225 apply to scope inquiries for which a
scope ruling application is filed, as well as any
scope inquiry self-initiated by Commerce, on or
after November 4, 2021. The newly promulgated 19
CFR 351.226 applies to circumvention inquiries for
which a circumvention request is filed, as well as
any circumvention inquiry self-initiated by
Commerce, on or after November 4, 2021. We note
that these scope and circumvention inquiries were
initiated prior to the effective date of the new
regulations, and, thus, any reference to the
regulations is to the prior version of the regulations.
E:\FR\FM\08DEN1.SGM
08DEN1
]]>Agencies
[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75231-75232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26670]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051, C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Preliminary Scope Determination and Affirmative Preliminary
Determination of Circumvention of the Antidumping and Countervailing
Duty Orders; Extension of Deadline To Certify Certain Entries
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 29, 2022, the U.S. Department of Commerce (Commerce)
published a notice of a preliminary scope determination and affirmative
preliminary circumvention determination in the Federal Register
concerning the antidumping duty (AD) and countervailing duty (CVD)
orders on certain hardwood plywood products (hardwood plywood) from the
People's Republic of China (China). This notice informs parties that
Commerce has extended the deadline for certain exporters and importers
to certify entries of hardwood plywood exported from the Socialist
Republic of Vietnam (Vietnam) that were entered, or withdrawn from
warehouse, for consumption on or after June 17, 2020, and until August
28, 2022. This notice also informs interested parties that Commerce is
requesting comments regarding a potential modification to certification
program eligibility, and the process for demonstrating eligibility for
the certification program. In addition, this notice provides several
other procedural notifications to interested parties.
DATES: Applicable December 1, 2022.
[[Page 75232]]
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2593.
SUPPLEMENTARY INFORMATION: In the Preliminary Determination, Commerce
established a certification program and a deadline for certain
exporters and importers to certify that entries of hardwood plywood
exported from Vietnam that entered, or were withdrawn from warehouse,
for consumption on or after June 17, 2020, and until August 28, 2022,
are not subject to the AD and CVD orders on hardwood plywood from
China.\1\ On September 12, 2022, Commerce extended the deadline for
exporters and importers to complete these certifications from September
12, 2022,\2\ to December 1, 2022.\3\
---------------------------------------------------------------------------
\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Preliminary Scope Determination and Affirmative
Preliminary Determination of Circumvention of the Antidumping and
Countervailing Duty Orders, 87 FR 45753, 45756-58 (July 29, 2022)
(Preliminary Determination); see also Certain Hardwood Plywood
Products from the People's Republic of China: Amended Final
Determination of Sales at Less Than Fair Value, and Antidumping Duty
Order, 83 FR 504 (January 4, 2018); and Certain Hardwood Plywood
Products from the People's Republic of China: Countervailing Duty
Order, 83 FR 513 (January 4, 2018).
\2\ See Preliminary Determination, 87 FR at 45756.
\3\ See Memorandum, ``Extension of Deadline to Certify Certain
Entries of Hardwood Plywood and Response to Request to Modify Cash
Deposit Instructions,'' dated September 12, 2022; see also Certain
Hardwood Plywood Products from the People's Republic of China:
Preliminary Scope Determination and Affirmative Preliminary
Determination of Circumvention of the Antidumping and Countervailing
Duty Orders; Extension of Deadline To Certify Certain Entries, 87 FR
58063 (September 23, 2022).
---------------------------------------------------------------------------
Extension and Modification
On November 30, 2022, Commerce issued a memorandum via Enforcement
and Compliance's Antidumping and Countervailing Duty Centralized
Electronic Service System (ACCESS) notifying interested parties that it
was extending the deadline for certifications of entries on or after
June 17, 2020, and until August 28, 2022, until thirty days after the
deadline for the final determination of this inquiry. Accordingly,
unless the final determination is extended, certifications of entries
on or after June 17, 2020, and until August 28, 2022, will be due by
March 2, 2023.\4\ Also on November 30, 2022, Commerce transmitted
instructions to U.S. Customs and Border Protection (CBP) notifying CBP
of the extended deadline.\5\ The deadline for exporters and importers
to complete the certification requirements established in the
Preliminary Determination for entries on or after June 17, 2020,
through August 28, 2022, is now March 2, 2023.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Extension of Deadline to Certify Certain
Entries of Hardwood Plywood and Response to Ministerial Error
Allegations,'' dated November 30, 2022.
\5\ See CBP Message 2335408, ``Notice of Amended Deadline for
Certifications in the Vietnam-wide Circumvention Inquiry of the
Antidumping and Countervailing Duty Orders on certain Hardwood
Plywood Products and Veneered Panels from the People's Republic of
China (A-570-051, C-570-052 and A-552-006, C-552-007),'' dated
December 1, 2022; see also CBP Message 2335409, ``Notice of Amended
Deadline for Certifications in the Scope Inquiry of the Antidumping
and Countervailing Duty Orders on Certain Hardwood Plywood Products
and Veneered Panels from the People's Republic of China (A-570-051
and C-570-052),'' dated December 1, 2022.
---------------------------------------------------------------------------
In addition, after considering interested party comments to date,
Commerce is considering modifying its eligibility determination and
allowing 22 of the companies that Commerce precluded from participating
in the certification program in the Preliminary Determination (i.e.,
companies that failed to cooperate by submitting unreliable
information) \6\ to certify entries during the period beginning on June
17, 2020, through December 31, 2021. However, as detailed below, should
they wish to participate in the certification program after December
31, 2021, these 22 companies would still need to demonstrate their
eligibility to certify entries occurring on or after January 1, 2022.
As such, these 22 companies will not be allowed to participate in the
certification program for entries that entered on or after January 1,
2022. Additionally, Commerce does not intend to modify the
certification program for the 14 companies that are precluded from
participating in this certification program in the Preliminary
Determination (i.e., companies that failed to respond to Commerce's
requests for information) \7\ and continue to find these companies are
still not eligible to participate in the certification program until
they are able to demonstrate their eligibility, as described below.
Parties that wish to comment on this potential modification should do
so in their case briefs.\8\
---------------------------------------------------------------------------
\6\ See Preliminary Determination at Appendix V.
\7\ Id.
\8\ Commerce intends to establish the schedule for case and
rebuttal briefs under 19 CFR 351.309(c) and (d) at a later date.
---------------------------------------------------------------------------
In the event of an affirmative final determination, Commerce
intends to instruct CBP to liquidate all suspended entries from June
17, 2020, through December 31, 2021, pursuant to the previously issued
automatic liquidation instructions (ALIs) applicable to those periods.
Entries made on or after January 1, 2022, that are ineligible for
certification (from the 22 companies that failed to cooperate, the 14
companies that failed to respond, or for other reasons) shall remain
subject to suspension until final assessment on those entries, whether
by ALIs, or final results of administrative review.\9\ Interested
parties that wish to have their suspended entries reviewed or
eligibility for the certification program reevaluated should request an
administrative review of the relevant suspended entries during the next
anniversary month of these Orders (i.e., January 2023).\10\
---------------------------------------------------------------------------
\9\ Commerce continues to consider the process by which
companies may demonstrate eligibility for the certification program
in future segments and may determine to audit some or all of the
certifications during this special excepted period (i.e., June 17,
2020-December 31, 2021) by parties that subsequently seek to
participate in the certification program. Commerce encourages
interested parties to provide comments on this topic in their case
briefs.
\10\ See 19 CFR 351.213(b).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with section
781(b) of the Tariff Act of 1930, as amended and 19 CFR 351.225(f) and
(h).\11\
---------------------------------------------------------------------------
\11\ Commerce significantly revised its scope regulations on
September 20, 2021, with an effective date of November 4, 2021. See
Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021). The
amendments to 19 CFR 351.225 apply to scope inquiries for which a
scope ruling application is filed, as well as any scope inquiry
self-initiated by Commerce, on or after November 4, 2021. The newly
promulgated 19 CFR 351.226 applies to circumvention inquiries for
which a circumvention request is filed, as well as any circumvention
inquiry self-initiated by Commerce, on or after November 4, 2021. We
note that these scope and circumvention inquiries were initiated
prior to the effective date of the new regulations, and, thus, any
reference to the regulations is to the prior version of the
regulations.
Dated: December 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-26670 Filed 12-7-22; 8:45 am]
BILLING CODE 3510-DS-P
