Stainless Steel Sheet and Strip From the People's Republic of China: Final Scope Ruling and Final Affirmative Determination of Circumvention for Exports From the Socialist Republic of Vietnam, 18521-18526 [2023-06500]
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
Accordingly, Commerce will issue
questionnaires to Co May requesting,
inter alia, information regarding its
export activities for the purpose of
determining whether it is eligible for a
separate rate. The review of the exporter
will proceed if the response provides
sufficient indication that the exporter is
not subject to either de jure or de facto
government control with respect to its
exports of certain frozen fish fillets.
We intend to conduct this NSR in
accordance with section 751(a)(2)(B) of
the Act.17 Because Co May certified that
it exported subject merchandise, the
sale of which is the basis for its NSR
request, Commerce will instruct CBP to
suspend or continue to suspend
liquidation of all entries of subject
merchandise produced and exported by
Co May. To assist in its analysis of the
bona fide nature of Co May’s sale(s),
upon initiation of this NSR, Commerce
will require Co May to submit, on an
ongoing basis, complete transaction
information concerning any sales of
subject merchandise to the United
States that were made subsequent to the
POR. Further, in accordance with
section 751(a)(2)(B)(iv)(VII) of the Act
and 19 CFR 351.214(k), Co May will be
required to provide information
regarding the following factors for
Commerce’s consideration in
determining whether the sale(s) made
by Co May during the POR are bona
fide: (1) whether the producer, exporter,
or customer was established for
purposes of making the sale(s) in
question after the imposition of the
relevant antidumping duty order; (2)
whether the producer, exporter, or
customer has lines of business unrelated
to the subject merchandise; (3) the
quantity of sales; and (4) any other
factor that Commerce determines to be
relevant with respect to the future
selling behavior of the producer or
exporter, including any other indicia
that the sale was not commercially
viable.
Interested parties requiring access to
proprietary information in this NSR
should submit applications for
disclosure under administrative
protective order in accordance with 19
CFR 351.305 and 351.306.
Practice and Application of Combination Rates in
Antidumping Investigations Involving Non-Market
Economy Countries,’’ dated April 15, 2005,
available at https://access.trade.gov/Resources/
policy/bull05-1.pdf.
17 The Act was amended by the Trade Facilitation
and Trade Enforcement Act of 2015, which
removed from section 751(a)(2)(B) of the Act the
provision directing Commerce to instruct CBP to
allow an importer the option of posting a bond or
security in lieu of a cash deposit during the
pendency of an NSR. This was also codified in
Commerce’s regulations at 19 CFR 351.214(e).
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This initiation notice is published in
accordance with section 751(a)(2)(B) of
the Act and 19 CFR 351.214 and
351.221(c)(1)(i).
Dated: March 23, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–06468 Filed 3–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–914]
Light-Walled Rectangular Pipe and
Tube From the People’s Republic of
China: Final Results of Antidumping
Duty Administrative Review; 2020–
2021; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 14, 2023, the U.S.
Department of Commerce (Commerce)
published a notice in the Federal
Register, in which it issued the final
results of the 2020–2021 antidumping
duty administrative review of lightwalled rectangular pipe and tube from
the People’s Republic of China (China).
The notice inadvertently contained an
incorrect rate for the China-wide entity.
DATES: Applicable March 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4162.
SUPPLEMENTARY INFORMATION:
AGENCY:
Correction
In the Federal Register of March 14,
2023, in FR Doc. 2023–05208, pages
15671–72 in the third and first columns,
respectively, Commerce included an
incorrect China-wide rate of 264.64
percent. The correct China-wide rate is
255.07 percent.
Background
On March 14, 2023, Commerce
inadvertently published an incorrect
rate in the final results of the 2020–2021
antidumping duty administrative review
of light-walled rectangular pipe and
tube from China.1 In the final results,
Commerce incorrectly listed the Chinawide rate as 264.64 percent, while the
1 See Light-Walled Rectangular Pipe and Tube
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2020–
2021, 88 FR 15671 (March 14, 2023).
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correct China-wide rate is 255.07
percent. This notice serves as a
notification of, and correction to, this
inadvertent error. With the issuance of
this notice of correction, we confirm
that the China-wide rate is 255.07
percent.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i) of the Tariff Act of 1930, as
amended.
Dated: March 24, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–06632 Filed 3–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–042, C–570–043]
Stainless Steel Sheet and Strip From
the People’s Republic of China: Final
Scope Ruling and Final Affirmative
Determination of Circumvention for
Exports From the Socialist Republic of
Vietnam
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain stainless steel sheet and strip
(SSSS) of Chinese-origin that has
undergone further processing in the
Socialist Republic of Vietnam (Vietnam)
is merchandise covered by the scope of
the antidumping duty (AD) and
countervailing duty (CVD) orders on
SSSS from the People’s Republic of
China (China). Additionally, Commerce
determines that SSSS that is completed
in Vietnam using certain non-subject
stainless steel flat-rolled inputs sourced
from China, is circumventing the AD/
CVD orders on SSSS from China. As a
result, SSSS of Chinese-origin that has
undergone further processing or
completion in Vietnam will be subject
to suspension of liquidation effective
May 15, 2020.
DATES: Applicable March 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse, Office of the Deputy
Assistant Secretary for AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6345.
AGENCY:
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Notices
SUPPLEMENTARY INFORMATION:
Background
On September 15, 2022, Commerce
published the preliminary scope ruling
and preliminary affirmative
determination of circumvention of the
AD/CVD orders on SSSS from China.1
In the Preliminary Determinations, we
preliminarily found, pursuant to 19 CFR
351.225(k)(1), that SSSS of Chineseorigin that has undergone further
processing in Vietnam is covered by the
scope of the Orders.2 Additionally,
pursuant to section 781(b) of the Tariff
Act of 1930, as amended (the Act), we
preliminarily determined that SSSS
completed in Vietnam using certain
non-subject stainless steel flat-rolled
inputs 3 of Chinese-origin is
circumventing the Orders.4
From December 5 through 9, 2022,
Commerce conducted on-site
verifications of the information
submitted by the mandatory
respondents, POSCO VST Co, Ltd. and
POSCO Vietnam Processing Center,
Ltd., at these companies’ facilities
located outside Ho Chi Minh City,
Vietnam.5 On December 29, 2022,
Commerce extended the deadline for the
final determinations of these
circumvention and scope inquiries to
April 4, 2023.6
On February 13, 2023, we received a
case brief from Outokumpu Stainless
USA LLC (Outokumpu), in which
Outokumpu expressed its support of the
ddrumheller on DSK120RN23PROD with NOTICES1
1 See
Stainless Steel Sheet and Strip from the
People’s Republic of China: Preliminary Scope
Ruling and Preliminary Affirmative Determination
of Circumvention for Exports from the Socialist
Republic of Vietnam, 87 FR 56626 (September 15,
2022) (Preliminary Determinations), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Preliminary Determinations, 87 FR at 56627,
and PDM at 27–28.
3 The term ‘‘certain non-subject stainless steel
flat-rolled inputs’’ refers to stainless steel flat-rolled
products that are not further worked than hot-rolled
and/or of a thickness greater than 4.75 millimeters.
4 See Preliminary Determinations, 87 FR at 56627,
and PDM at 27–28.
5 See Memoranda, ‘‘Verification of the
Questionnaire Responses of POSCO VST Co., Ltd.
in the Circumvention Inquiry of the Antidumping
and Countervailing Duty Orders on Stainless Steel
Sheet and Strip from the People’s Republic of China
Further Processed In, and Exported from, the
Socialist Republic of Vietnam,’’ dated February 3,
2023; and, ‘‘Verification of the Questionnaire
Responses of POSCO Vietnam Processing Center,
Ltd. in the Circumvention Inquiry of the
Antidumping and Countervailing Duty Orders on
Stainless Steel Sheet and Strip from the People’s
Republic of China Further Processed In, and
Exported from, the Socialist Republic of Vietnam,’’
dated February 3, 2023.
6 See Memorandum, ‘‘Stainless Steel Sheet and
Strip from the People’s Republic of China:
Extension of Deadline for Issuing the Final
Determinations in the Circumvention and Scope
Inquiries,’’ dated December 29, 2022.
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Preliminary Determinations.7 Commerce
also received a letter in support of
Outokumpu’s case brief from North
American Stainless.8 No other
interested parties commented on the
Preliminary Determinations.
Accordingly, we received no comments
in opposition to our Preliminary
Determinations and no requests for a
public hearing from interested parties
within the time period set forth in the
Preliminary Determinations. Given that
we received no comments in opposition
to the Preliminary Determinations, we
do not find it necessary to discuss these
comments, which were in support of
Commerce’s decisions.
Scope of the
Orders 9
The product covered by the Orders is
stainless steel sheet and strip. Subject
merchandise includes SSSS that has
been further processed in a third
country, including but not limited to
cold-rolling, annealing, tempering,
polishing, aluminizing, coating,
painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other
processing that would not otherwise
remove the merchandise from the scope
of the Orders if performed in the
country of manufacture of the SSSS.
Excluded from the scope of the Orders
are the following: (1) sheet and strip that
is not annealed or otherwise heat treated
and not pickled or otherwise descaled;
(2) plate (i.e., flat-rolled stainless steel
products of a thickness of 4.75 mm or
more); and (3) flat wire (i.e., cold-rolled
sections, with a mill edge, rectangular in
shape, of a width of not more than 9.5
mm). For a complete description of the
scope of the Orders, see Appendix I.10
Merchandise Subject to the
Circumvention Inquiry
This circumvention inquiry covers
SSSS completed in Vietnam using
certain non-subject stainless steel flatrolled inputs of Chinese-origin that is
subsequently exported from Vietnam to
the United States.
7 See Outokumpu’s Letter, ‘‘Stainless Steel Sheet
and Strip from the People’s Republic of China: Case
Brief Submitted on Behalf of Outokumpu Stainless
USA LLC,’’ dated February 13, 2023.
8 See North American Stainless’ Letter, ‘‘Stainless
Steel Sheet and Strip from the People’s Republic of
China: North American Stainless’ Submission in
Support of Outokumpu’s Case Brief,’’ dated
February 13, 2023.
9 See Stainless Steel Sheet and Strip from the
People’s Republic of China: Antidumping Duty
Order, 82 FR 16160 (April 3, 2017); see also
Stainless Steel Sheet and Strip from the People’s
Republic of China: Countervailing Duty Order, 82
FR 16166 (April 3, 2017) (collectively, Orders).
10 See also Preliminary Determinations PDM at 5–
6.
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Merchandise Subject to the Scope
Inquiry
This scope inquiry covers SSSS of
Chinese-origin that has undergone
further processing in Vietnam
(including but not limited to coldrolling, annealing, tempering, polishing,
aluminizing, coating, painting,
varnishing, trimming, cutting,
punching, and/or slitting, or any other
processing that would not otherwise
remove the merchandise from the scope
of the Orders) that is subsequently
exported to the United States.
Methodology
We conducted these circumvention
and scope inquiries in accordance with
section 781(b) of the Act, and 19 CFR
351.225(h), 351.225(b), and
351.225(k)(1).11 For a full description of
the methodology underlying
Commerce’s final determinations, see
the Preliminary Decision
Memorandum.12 The Preliminary
Decision Memorandum is a public
document and on file electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Determinations
As detailed in the Preliminary
Determinations, pursuant to 19 CFR
351.225(k)(1), we continue to find that
SSSS of Chinese-origin that has
undergone further processing in
Vietnam is covered by the scope of the
Orders. Additionally, pursuant to
section 781(b) of the Act, we determine
that SSSS completed in Vietnam using
certain non-subject stainless steel flatrolled inputs of Chinese-origin is
11 On September 20, 2021, Commerce
significantly revised its regulations pertaining to
circumvention and scope inquiries, 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 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. 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. We note that these
circumvention and scope 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.
12 See Preliminary Determinations PDM at 6–28.
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
circumventing the Orders. Therefore, we
determine that it is appropriate to
include this merchandise within the
scope of the Orders and to instruct U.S.
Customs and Border Protection (CBP) to
continue to suspend any entries of
merchandise produced using Chinesesourced inputs and exported from
Vietnam to the United States. For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Further, because Hoangvu Co., Ltd.
(Hoangvu) and SK Networks Co., Ltd.
(SK Networks) did not cooperate to the
best of their ability in responding to
Commerce’s requests for information,
we have based our determinations with
respect to these companies on the facts
available, with adverse inferences,
pursuant to sections 776(a) and (b) of
the Act. In particular, as adverse facts
available (AFA), we find that the SSSS
exported to the United States by
Hoangvu and SK Networks from
Vietnam is merchandise covered by the
scope of the Orders. Additionally, as
AFA, we find that finished SSSS
products exported by Hoangvu and SK
Networks are completed in Vietnam
using certain non-subject stainless steel
flat-rolled inputs of Chinese-origin, and
thus, are circumventing the Orders.
Furthermore, as AFA, we continue to
determine that Hoangvu and SK
Networks, and their importers, are
ineligible to certify that the SSSS
exported by Hoangvu and SK Networks
from Vietnam was produced using nonChinese sourced inputs.
Continued Suspension of Liquidation
In accordance with 19 CFR
351.225(l)(3), based on these final
determinations in these circumvention
and scope inquiries, Commerce will
direct CBP to continue to suspend
liquidation and to require a cash deposit
of estimated duties on unliquidated
entries of SSSS completed in Vietnam
using inputs manufactured in China,
subsequently exported from Vietnam to
the United States, and entered, or
withdrawn from warehouse, for
consumption on or after May 15, 2020,
the date of publication of the notice of
initiation of these scope and
circumvention inquiries.13 The
suspension of liquidation will remain in
effect until further notice.
SSSS that is further processed or
completed in Vietnam from stainless
steel flat-rolled inputs that are not of
Chinese-origin is not subject to these
13 See Stainless Steel Sheet and Strip from the
People’s Republic of China: Initiation of AntiCircumvention and Scope Inquiries on the
Antidumping Duty and Countervailing Duty Orders,
85 FR 29401 (May 15, 2020).
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inquiries. Therefore, cash deposits are
not required for such merchandise
subject to certification requirements set
forth below.14
For these final determinations, we
continue to implement the certification
process outlined in the Preliminary
Determinations. Specifically, if an
importer of SSSS from Vietnam claims
that the SSSS was not produced using
any stainless steel flat-rolled inputs of
Chinese-origin, in order to not be
subject to cash deposit requirements,
the importer and exporter must meet the
certification and documentation
requirements described in Appendix II.
An exporter of SSSS produced in
Vietnam claiming that its SSSS was not
produced using any stainless steel flatrolled inputs of Chinese-origin must
prepare and maintain an Exporter
Certification and documentation
supporting the Exporter Certification
(see Appendix IV). Additionally,
importers of such SSSS must prepare
and maintain an Importer Certification
(see Appendix III), as well as
documentation supporting the Importer
Certification. In addition to the Importer
Certification, the importer must also
maintain a copy of the Exporter
Certification (see Appendix IV) and
relevant supporting documentation from
its exporter of SSSS produced from
stainless steel flat-rolled inputs that are
not of Chinese-origin.
As described above, the two
uncooperative and non-responsive
companies (i.e., Hoangvu and SK
Networks), along with their importers,
are not eligible to participate in the
certification process at this time. These
companies 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.15
Administrative Protective Order
This notice will serve as the only
reminder to parties subject to
administrative protective order (APO) of
14 See Appendix II for the certification
requirements, and Appendixes III and IV for the
Importer and Exporter Certifications, respectively.
15 See, e.g., Diamond Sawblades and Parts
Thereof from the People’s Republic of China: Final
Determination of Anti-Circumvention Inquiry, 85
FR 9737, 9739 (February 20, 2020) (‘‘However,
Protech 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.’’); see also
Diamond Sawblades and Parts Thereof from the
People’s Republic of China: Final Results of
Antidumping Duty Changed Circumstances Review,
85 FR 86905 (December 31, 2020) (‘‘. . . Protech is
eligible to participate in a certification process
because Protech has demonstrated that it can
identify diamond sawblades that it produced in
Canada using non-Chinese cores and Chinese
segments.’’).
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18523
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction or APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
These final scope and affirmative
circumvention determinations are
issued and published in accordance
with section 781(b) of the Act and 19
CFR 351.225(f) and (h).
Dated: March 23, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Orders
The merchandise covered by the Orders is
stainless sheet and strip, whether in coils or
straight lengths. Stainless steel is an alloy
steel containing, by weight, 1.2 percent or
less of carbon and 10.5 percent or more of
chromium, with or without other elements.
The subject sheet and strip is a flat-rolled
product with a width that is greater than 9.5
mm and with a thickness of 0.3048 mm and
greater but less than 4.75 mm, and that is
annealed or otherwise heat treated, and
pickled or otherwise descaled. The subject
sheet and strip may also be further processed
(e.g., cold-rolled, annealed, tempered,
polished, aluminized, coated, painted,
varnished, trimmed, cut, punched, or slit,
etc.) provided that it maintains the specific
dimensions of sheet and strip set forth above
following such processing. The products
described include products regardless of
shape, and include products of either
rectangular or non-rectangular cross-section
where such cross-section is achieved
subsequent to the rolling process, i.e.,
products which have been ‘‘worked after
rolling’’ (e.g., products which have been
beveled or rounded at the edges).
For purposes of the width and thickness
requirements referenced above: (1) where the
nominal and actual measurements vary, a
product is within the scope if application of
either the nominal or actual measurement
would place it within the scope based on the
definitions set forth above; and (2) where the
width and thickness vary for a specific
product (e.g., the thickness of certain
products with non-rectangular cross-section,
the width of certain products with nonrectangular shape, etc.), the measurement at
its greatest width or thickness applies.
All products that meet the written physical
description, and in which the chemistry
quantities do not exceed any one of the noted
element levels listed above, are within the
scope of the Orders unless specifically
excluded.
Subject merchandise includes stainless
sheet and strip that has been further
processed in a third country, including but
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not limited to cold-rolling, annealing,
tempering, polishing, aluminizing, coating,
painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other
processing that would not otherwise remove
the merchandise from the scope of the Orders
if performed in the country of manufacture
of the stainless sheet and strip.
Excluded from the scope of the Orders are
the following: (1) sheet and strip that is not
annealed or otherwise heat treated and not
pickled or otherwise descaled; (2) plate (i.e.,
flat-rolled stainless steel products of a
thickness of 4.75 mm or more); and (3) flat
wire (i.e., cold-rolled sections, with a mill
edge, rectangular in shape, of a width of not
more than 9.5 mm).
The products under the Orders are
currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings 7219.13.0031, 7219.13.0051,
7219.13.0071, 7219.13.0081, 7219.14.0030,
7219.14.0065, 7219.14.0090, 7219.23.0030,
7219.23.0060, 7219.24.0030, 7219.24.0060,
7219.32.0005, 7219.32.0020, 7219.32.0025,
7219.32.0035, 7219.32.0036, 7219.32.0038,
7219.32.0042, 7219.32.0044, 7219.32.0045,
7219.32.0060, 7219.33.0005, 7219.33.0020,
7219.33.0025, 7219.33.0035, 7219.33.0036,
7219.33.0038, 7219.33.0042, 7219.33.0044,
7219.33.0045, 7219.33.0070, 7219.33.0080,
7219.34.0005, 7219.34.0020, 7219.34.0025,
7219.34.0030, 7219.34.0035, 7219.34.0050,
7219.35.0005, 7219.35.0015, 7219.35.0030,
7219.35.0035, 7219.35.0050, 7219.90.0010,
7219.90.0020, 7219.90.0025, 7219.90.0060,
7219.90.0080, 7220.12.1000, 7220.12.5000,
7220.20.1010, 7220.20.1015, 7220.20.1060,
7220.20.1080, 7220.20.6005, 7220.20.6010,
7220.20.6015, 7220.20.6060, 7220.20.6080,
7220.20.7005, 7220.20.7010, 7220.20.7015,
7220.20.7060, 7220.20.7080, 7220.90.0010,
7220.90.0015, 7220.90.0060, and
7220.90.0080. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of the Orders is
dispositive.
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Appendix II
Certification Requirements
If a company imports stainless steel sheet
and strip (SSSS) from Vietnam and claims
that the entry was not produced from
Chinese-sourced stainless steel flat-rolled
inputs and, thus, is not subject to the
antidumping duty (AD) and countervailing
duty (CVD) orders 16 on SSSS from China,
then the importer is required to complete and
maintain the Importer Certification attached
hereto as Appendix III and retain all
supporting documentation. The importer is
further required to maintain a copy of the
Exporter Certification, attached as Appendix
IV, and retain all supporting documentation.
The Importer Certification must be
completed, signed, and dated by the time of
filing of the entry summary for the relevant
importation. Where the importer uses a
16 See Stainless Steel Sheet and Strip from the
People’s Republic of China: Antidumping Duty
Order, 82 FR 16160 (April 3, 2017); see also
Stainless Steel Sheet and Strip from the People’s
Republic of China: Countervailing Duty Order, 82
FR 16166 (April 3, 2017) (collectively, Orders).
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broker to facilitate the entry process, it
should obtain the entry number from the
broker. Agents of the importer, such as
brokers, however, are not permitted to make
this certification on behalf of the importer.
All importers of SSSS from Vietnam are
eligible for the certification process detailed
below, with the exception that entries of
SSSS produced and/or exported by Hoangvu
Co., Ltd. and SK Networks Co., Ltd. are
ineligible for certification.
The exporter is required to complete and
maintain the Exporter Certification, attached
as Appendix IV, and is further required to
provide the importer a copy of that
certification and all supporting
documentation (e.g., invoice, purchase order,
production records, etc.). The Exporter
Certification must be completed, signed, and
dated by the time of shipment of the relevant
entries (except as noted below). The Exporter
Certification should be completed by the
party selling the subject merchandise
manufactured in Vietnam to the United
States.
The importer will not be required to
submit the certifications or supporting
documentation to U.S. Customs and Border
Protection (CBP) as part of the entry process.
However, the importer and exporter will be
required to present the certifications, and
supporting documentation, to the U.S.
Department of Commerce (Commerce) and/or
CBP, as applicable, upon request by the
respective agency. Additionally, the claims
made in the certifications and any supporting
documentation are subject to verification by
Commerce and/or CBP. The importer and
exporter are required to maintain the
certifications and supporting documentation
for the later of: (1) a period of five years from
the date of entry; or (2) a period of three years
after the conclusion of any litigation in
United States courts regarding such entries.
For SSSS exported from Vietnam that was
produced using Chinese-sourced stainless
steel flat-rolled inputs subject to this inquiry
that has been found to be circumventing the
Orders, Commerce has established the
following third-country case numbers in the
Automated Commercial Environment (ACE):
A–552–042 and C–552–043. For SSSS
exported from Vietnam that is merchandise
covered by the scope of the Orders, where the
country of origin does not change for CBP’s
reporting purposes, importers should report
such entries under the case numbers for the
Orders: A–570–042 and C–570–043. For
SSSS exported from Vietnam that is
merchandise covered by the scope of the
Orders, where the country-of-origin changes
for CBP’s reporting purposes, importers
should report such entries under the
following third-country case numbers: A–
552–042 and C–552–043.
If it is determined that the certification
and/or documentation requirements in a
certification have not been met, Commerce
intends to instruct CBP to suspend, under the
appropriate case numbers, either those
established for the Orders, A–570–042/C–
570–043, or the third country case numbers,
A–552–042/C–552–043, all unliquidated
entries for which these requirements were
not met and require the importer to post
applicable AD and CVD cash deposits equal
PO 00000
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Fmt 4703
Sfmt 4703
to the rates as determined by Commerce.
Entries suspended under A–570–042/C–570–
043/A–552–042/C–552–043 will be
liquidated pursuant to applicable
administrative reviews of the Orders or
through the automatic liquidation process.
For shipments and/or entries suspended
pursuant to the preliminary determinations
of these scope and circumvention inquiries
that were shipped and/or entered, or
withdrawn from warehouse, for consumption
during the period on or after May 15, 2020
(the date of initiation of these scope and
circumvention inquiries) through the date of
publication of the preliminary determination
in the Federal Register, for which
certifications are required, importers and
exporters should complete the required
certification, as soon as practicable but not
later than 45 days after the publication of the
preliminary determinations in the Federal
Register. Accordingly, where appropriate, the
relevant bullet in the certification should be
edited to reflect that the certification was
completed within this time frame.
Specifically, exporters should complete the
language in Paragraph G in the Exporter
Certification that reads: ‘‘The shipments/
products referenced herein shipped before
mm/dd/yyyy, the date on which Commerce
published notice of its preliminary scope and
circumvention findings in the Federal
Register. This certification was completed on
mm/dd/yyyy, within 45 days of the Federal
Register notice publication.’’ 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.
The Exporter Certifications should be
maintained by both the importer and
exporter and provided to CBP or Commerce
only upon request by the respective agency.
The exporter must provide the importer a
copy of the Exporter Certification within 45
days of the publication of the preliminary
determination in the Federal Register.
For shipments and/or entries suspended
pursuant to the preliminary determinations
of these scope and circumvention inquiries
that were shipped and/or entered, or
withdrawn from warehouse, for consumption
within 30 days of the date of publication of
the preliminary determination in the Federal
Register, for which certifications are
required, importers and exporters should
complete the required certification, as soon
as practicable but not later than 45 days after
the publication of the preliminary
determinations in the Federal Register.
Accordingly, where appropriate, the relevant
bullet in the certification should be edited to
reflect that the certification was completed
within this time frame. Specifically,
exporters should complete the language in
Paragraph G in the Exporter Certification that
reads: ‘‘The shipments/products referenced
herein shipped on mm/dd/yyyy. This
certification was completed on mm/dd/yyyy,
within 45 days of the date on which
Commerce published its preliminary scope
and circumvention findings in the Federal
Register.’’ For such entries/shipments,
importers and exporters each have the option
to complete a blanket certification covering
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multiple entries/shipments, individual
certifications for each entry/shipment, or a
combination thereof. The Exporter
Certifications should be maintained by both
the importer and exporter and provided to
CBP or Commerce only upon request by the
respective agency. The exporter must provide
the importer a copy of the Exporter
Certification within 45 days of the
publication of the preliminary determination
in the Federal Register.
For shipments and/or entries after 30 days
from the date of publication of the
preliminary determination in the Federal
Register, for which certifications are
required, importers and exporters 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. Specifically, exporters
should complete the language in Paragraph G
in the Exporter Certification that reads: ‘‘I
understand that {EXPORTING COMPANY}
must provide this Exporter Certification to
the U.S. importer by the time of shipment.’’
For unliquidated entries (and entries for
which liquidation has not become final) of
merchandise entered as non-AD/CVD type
entries (e.g., type 01) that were shipped and/
or entered, or withdrawn from warehouse, for
consumption in the United States during the
period, May 15, 2020 (the date of initiation
of these scope and circumvention inquiries)
through the date of publication of the
preliminary determination in the Federal
Register, that is merchandise covered by the
scope of the Orders or was produced using
Chinese-sourced stainless steel flat-rolled
inputs subject to this inquiry that have been
found to be circumventing the Orders,
importers should file a Post Summary
Correction with CBP, in accordance with
CBP’s regulations, regarding conversion of
such entries from non-AD/CVD type entries
to AD/CVD type entries (e.g., type 01 to type
03). For such shipments, the Exporter
Certifications should be completed as soon as
practicable, but not later than 45 days after
publication of the preliminary determination
in the Federal Register. Importers should
report those AD/CVD type entries of
merchandise that is covered by the scope of
the Orders, under the case numbers for the
Orders, A–570–042/C–570–043, or A–552–
042/C–552–043, as appropriate. Importers
should report those AD/CVD type entries that
were produced using Chinese-sourced
stainless steel flat-rolled inputs subject to
this inquiry that have been found to be
circumventing the Orders, using the thirdcountry case numbers, A–552–042/C–552–
043. Similarly, the importer should pay cash
deposits on those entries consistent with the
regulations governing post summary
corrections that require payment of
additional duties.
Appendix III
Importer Certification
I hereby certify that:
A. My name is {IMPORTING COMPANY
OFFICIAL’S NAME} and I am an official of
{IMPORTING COMPANY}, located at
{ADDRESS OF IMPORTING COMPANY};
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19:20 Mar 28, 2023
Jkt 259001
B. I have direct personal knowledge of the
facts regarding the importation into the
Customs territory of the United States of the
stainless steel sheet and strip (SSSS)
produced in Vietnam 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. I have personal knowledge of the facts
regarding the production of the imported
products covered by this certification.
‘‘Personal knowledge’’ includes facts
obtained from another party, (e.g.,
correspondence received by the importer (or
exporter) from the producer regarding the
source of the SSSS inputs used to produce
the imported products);
D. 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 #:
Country of Origin of Stainless Steel FlatRolled Inputs:
If the importer is acting on behalf of the
first U.S. customer, complete this paragraph:
E. The SSSS covered by this certification
was imported by {IMPORTING COMPANY}
on behalf of {U.S. CUSTOMER}, located at
{ADDRESS OF U.S. CUSTOMER};
F. The SSSS covered by this certification
does not contain stainless steel flat-rolled
inputs produced in the People’s Republic of
China (China);
G. I understand that {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, certificates
of origin, product data sheets, mill test
reports, productions 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;
H. I understand that {IMPORTING
COMPANY} is required to provide this
certification and supporting records, upon
request, to U.S. Customs and Border
Protection (CBP) and/or the U.S. Department
of Commerce (Commerce);
I. I understand that {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 documentation 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;
J. I understand that {IMPORTING
COMPANY} is required to maintain and
provide a copy of the exporter’s certification
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
18525
and supporting documentation provided by
the exporter to the importer, upon request, to
CBP and/or Commerce;
K. I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce;
L. I understand that failure to maintain the
required certification and supporting
documentation 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 duty (AD) and
countervailing duty (CVD) orders on SSSS
from China. I understand that such finding
will result in:
Æ suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
Æ the requirement that the importer post
applicable AD and/or CVD cash deposits (as
appropriate) equal to the rates determined by
Commerce; and
Æ the revocation of {IMPORTING
COMPANY}’s privilege to certify that future
imports of SSSS were not produced using
stainless steel flat-rolled inputs sourced from
China subject to these certifications.
M. I understand that agents of the importer,
such as brokers, are not permitted to make
this certification;
N. This certification was completed by the
time of filing the entry summary or within 45
days of the date on which Commerce
published notice of its preliminary scope and
circumvention findings in the Federal
Register; and
O. I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE}
{DATE}
Appendix IV
Exporter Certification
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 OF EXPORTING COMPANY};
B. I have direct personal knowledge of the
facts regarding the production and
exportation in the Customs territory of the
United States of the stainless steel sheet and
strip (SSSS) identified below. ‘‘Direct
personal knowledge’’ refers to facts the
certifying party is expected to have in its own
books and records. For example, an exporter
should have ‘‘direct personal knowledge’’ of
the producer’s identity and location;
C. The SSSS covered by this certification
does not contain stainless steel flat-rolled
inputs 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.
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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’s Invoice # to Foreign Seller: (If
the foreign seller and the producer are the
same party, put NA here.)
Producer’s Invoice # Foreign Seller: (If the
foreign seller and the producer are the same
party, put NA here.)
Producer of Stainless Steel Flat-Rolled
Inputs’ Name:
Location (Country) of Producer of Stainless
Steel Flat-Rolled Inputs:
E. The SSSS products covered by this
certification were shipped to {NAME OF U.S.
PARTY TO WHOM MERCHANDISE WAS
SHIPPED}, located at {U.S. ADDRESS TO
WHICH MERCHANDISE WAS SHIPPED};
F. I understand that {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, product
data sheets, mill test reports, productions
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. The shipments/products referenced
herein shipped before mm/dd/yyyy, the date
on which Commerce published notice of its
preliminary scope and circumvention
findings in the Federal Register. This
certification was completed on mm/dd/yyyy,
within 45 days of the Federal Register notice
publication.
{Or}
The shipments/products referenced herein
shipped on mm/dd/yyyy. This certification
was completed on mm/dd/yyyy, within 45
days of the date on which Commerce
published its preliminary scope and
circumvention findings in the Federal
Register.
{Or}
I understand that {EXPORTING
COMPANY} must provide this Exporter
Certification to the U.S. importer by the time
of shipment;
H. I understand that failure to maintain the
required certification and supporting
documentation, failure to substantiate the
claims made herein, and/or failure to allow
U.S. Customs and Border Protection (CBP)
and/or the U.S. Department of Commerce
(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 duty
(AD) and countervailing duty (CVD) orders
on SSSS from China. I understand that such
a finding will result in:
Æ suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met;
Æ the requirement that the importer post
applicable AD and/or CVD cash deposits (as
appropriate) equal to the rates as determined
by Commerce; and
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Jkt 259001
Æ the revocation of {EXPORTING
COMPANY}’s privilege to certify that future
imports of SSSS were not produced using
stainless steel flat-rolled inputs sourced from
China subject to these certifications.
I. This certification was completed at time
of shipment or within 45 days of the date on
which Commerce published notice of its
preliminary scope and anti-circumvention
findings in the Federal Register; and
J. 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. 2023–06500 Filed 3–28–23; 8:45 am]
Order.2 On May 13, 2022, based on a
timely request for administrative
review, Commerce initiated an
administrative review of TPP.3 On
November 7, 2022, Commerce extended
the period for issuing the preliminary
results of this review by 120 days to no
later than March 31, 2023.4 For a more
complete description of the events
between the initiation of this review and
these preliminary results, see the
Preliminary Decision Memorandum.5
Scope of the Order
The products covered by the Order
are CWP from Thailand. For a full
description of the scope of this Order,
see the Preliminary Decision
Memorandum.6
BILLING CODE 3510–DS–P
Methodology
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–502]
Circular Welded Carbon Steel Pipes
and Tubes From Thailand: Preliminary
Results of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that the sole exporter subject to
this review, Thai Premium Pipe Co. Ltd.
(TPP), made sales of subject
merchandise at less than normal value
during the period of review (POR)
March 1, 2021, through February 28,
2022. We invite interested parties to
comment on these preliminary results.
DATES: Applicable March 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0410.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 11, 1986, Commerce
published in the Federal Register an
antidumping duty order on Circular
Welded Carbon Steel Pipes and Tubes
(CWP) from Thailand.1 On March 3,
2022, we published in the Federal
Register a notice of opportunity to
request an administrative review of the
1 See Antidumping Duty Order; Circular Welded
Carbon Steel Pipes and Tubes from Thailand, 51 FR
8341 (March 11, 1986) (Order).
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
We calculated export price in
accordance with section 772 of the Act,
normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is attached as the
Appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Preliminary Results of Review
Commerce preliminarily determines
that the following weighted-average
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 12086 (March 3, 2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
29280, 29282 (May 13, 2022).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of the Antidumping Duty
Administrative Review; 2021–2022,’’ dated
November 7, 2022.
5 See Memorandum, ‘‘Circular Welded Carbon
Steel Pipes and Tubes from Thailand: Decision
Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review; 2021–
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
6 See Preliminary Decision Memorandum at
‘‘Scope of the Order.’’
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]]>Agencies
[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Notices]
[Pages 18521-18526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06500]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-042, C-570-043]
Stainless Steel Sheet and Strip From the People's Republic of
China: Final Scope Ruling and Final Affirmative Determination of
Circumvention for Exports From the Socialist Republic of Vietnam
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain stainless steel sheet and strip (SSSS) of Chinese-origin that
has undergone further processing in the Socialist Republic of Vietnam
(Vietnam) is merchandise covered by the scope of the antidumping duty
(AD) and countervailing duty (CVD) orders on SSSS from the People's
Republic of China (China). Additionally, Commerce determines that SSSS
that is completed in Vietnam using certain non-subject stainless steel
flat-rolled inputs sourced from China, is circumventing the AD/CVD
orders on SSSS from China. As a result, SSSS of Chinese-origin that has
undergone further processing or completion in Vietnam will be subject
to suspension of liquidation effective May 15, 2020.
DATES: Applicable March 29, 2023.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse, Office of the Deputy
Assistant Secretary for AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6345.
[[Page 18522]]
SUPPLEMENTARY INFORMATION:
Background
On September 15, 2022, Commerce published the preliminary scope
ruling and preliminary affirmative determination of circumvention of
the AD/CVD orders on SSSS from China.\1\ In the Preliminary
Determinations, we preliminarily found, pursuant to 19 CFR
351.225(k)(1), that SSSS of Chinese-origin that has undergone further
processing in Vietnam is covered by the scope of the Orders.\2\
Additionally, pursuant to section 781(b) of the Tariff Act of 1930, as
amended (the Act), we preliminarily determined that SSSS completed in
Vietnam using certain non-subject stainless steel flat-rolled inputs
\3\ of Chinese-origin is circumventing the Orders.\4\
---------------------------------------------------------------------------
\1\ See Stainless Steel Sheet and Strip from the People's
Republic of China: Preliminary Scope Ruling and Preliminary
Affirmative Determination of Circumvention for Exports from the
Socialist Republic of Vietnam, 87 FR 56626 (September 15, 2022)
(Preliminary Determinations), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Preliminary Determinations, 87 FR at 56627, and PDM at
27-28.
\3\ The term ``certain non-subject stainless steel flat-rolled
inputs'' refers to stainless steel flat-rolled products that are not
further worked than hot-rolled and/or of a thickness greater than
4.75 millimeters.
\4\ See Preliminary Determinations, 87 FR at 56627, and PDM at
27-28.
---------------------------------------------------------------------------
From December 5 through 9, 2022, Commerce conducted on-site
verifications of the information submitted by the mandatory
respondents, POSCO VST Co, Ltd. and POSCO Vietnam Processing Center,
Ltd., at these companies' facilities located outside Ho Chi Minh City,
Vietnam.\5\ On December 29, 2022, Commerce extended the deadline for
the final determinations of these circumvention and scope inquiries to
April 4, 2023.\6\
---------------------------------------------------------------------------
\5\ See Memoranda, ``Verification of the Questionnaire Responses
of POSCO VST Co., Ltd. in the Circumvention Inquiry of the
Antidumping and Countervailing Duty Orders on Stainless Steel Sheet
and Strip from the People's Republic of China Further Processed In,
and Exported from, the Socialist Republic of Vietnam,'' dated
February 3, 2023; and, ``Verification of the Questionnaire Responses
of POSCO Vietnam Processing Center, Ltd. in the Circumvention
Inquiry of the Antidumping and Countervailing Duty Orders on
Stainless Steel Sheet and Strip from the People's Republic of China
Further Processed In, and Exported from, the Socialist Republic of
Vietnam,'' dated February 3, 2023.
\6\ See Memorandum, ``Stainless Steel Sheet and Strip from the
People's Republic of China: Extension of Deadline for Issuing the
Final Determinations in the Circumvention and Scope Inquiries,''
dated December 29, 2022.
---------------------------------------------------------------------------
On February 13, 2023, we received a case brief from Outokumpu
Stainless USA LLC (Outokumpu), in which Outokumpu expressed its support
of the Preliminary Determinations.\7\ Commerce also received a letter
in support of Outokumpu's case brief from North American Stainless.\8\
No other interested parties commented on the Preliminary
Determinations. Accordingly, we received no comments in opposition to
our Preliminary Determinations and no requests for a public hearing
from interested parties within the time period set forth in the
Preliminary Determinations. Given that we received no comments in
opposition to the Preliminary Determinations, we do not find it
necessary to discuss these comments, which were in support of
Commerce's decisions.
---------------------------------------------------------------------------
\7\ See Outokumpu's Letter, ``Stainless Steel Sheet and Strip
from the People's Republic of China: Case Brief Submitted on Behalf
of Outokumpu Stainless USA LLC,'' dated February 13, 2023.
\8\ See North American Stainless' Letter, ``Stainless Steel
Sheet and Strip from the People's Republic of China: North American
Stainless' Submission in Support of Outokumpu's Case Brief,'' dated
February 13, 2023.
---------------------------------------------------------------------------
Scope of the Orders 9
---------------------------------------------------------------------------
\9\ See Stainless Steel Sheet and Strip from the People's
Republic of China: Antidumping Duty Order, 82 FR 16160 (April 3,
2017); see also Stainless Steel Sheet and Strip from the People's
Republic of China: Countervailing Duty Order, 82 FR 16166 (April 3,
2017) (collectively, Orders).
---------------------------------------------------------------------------
The product covered by the Orders is stainless steel sheet and
strip. Subject merchandise includes SSSS that has been further
processed in a third country, including but not limited to cold-
rolling, annealing, tempering, polishing, aluminizing, coating,
painting, varnishing, trimming, cutting, punching, and/or slitting, or
any other processing that would not otherwise remove the merchandise
from the scope of the Orders if performed in the country of manufacture
of the SSSS. Excluded from the scope of the Orders are the following:
(1) sheet and strip that is not annealed or otherwise heat treated and
not pickled or otherwise descaled; (2) plate (i.e., flat-rolled
stainless steel products of a thickness of 4.75 mm or more); and (3)
flat wire (i.e., cold-rolled sections, with a mill edge, rectangular in
shape, of a width of not more than 9.5 mm). For a complete description
of the scope of the Orders, see Appendix I.\10\
---------------------------------------------------------------------------
\10\ See also Preliminary Determinations PDM at 5-6.
---------------------------------------------------------------------------
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers SSSS completed in Vietnam using
certain non-subject stainless steel flat-rolled inputs of Chinese-
origin that is subsequently exported from Vietnam to the United States.
Merchandise Subject to the Scope Inquiry
This scope inquiry covers SSSS of Chinese-origin that has undergone
further processing in Vietnam (including but not limited to cold-
rolling, annealing, tempering, polishing, aluminizing, coating,
painting, varnishing, trimming, cutting, punching, and/or slitting, or
any other processing that would not otherwise remove the merchandise
from the scope of the Orders) that is subsequently exported to the
United States.
Methodology
We conducted these circumvention and scope inquiries in accordance
with section 781(b) of the Act, and 19 CFR 351.225(h), 351.225(b), and
351.225(k)(1).\11\ For a full description of the methodology underlying
Commerce's final determinations, see the Preliminary Decision
Memorandum.\12\ The Preliminary Decision Memorandum is a public
document and on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\11\ On September 20, 2021, Commerce significantly revised its
regulations pertaining to circumvention and scope inquiries, 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 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. 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. We note
that these circumvention and scope 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.
\12\ See Preliminary Determinations PDM at 6-28.
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Final Determinations
As detailed in the Preliminary Determinations, pursuant to 19 CFR
351.225(k)(1), we continue to find that SSSS of Chinese-origin that has
undergone further processing in Vietnam is covered by the scope of the
Orders. Additionally, pursuant to section 781(b) of the Act, we
determine that SSSS completed in Vietnam using certain non-subject
stainless steel flat-rolled inputs of Chinese-origin is
[[Page 18523]]
circumventing the Orders. Therefore, we determine that it is
appropriate to include this merchandise within the scope of the Orders
and to instruct U.S. Customs and Border Protection (CBP) to continue to
suspend any entries of merchandise produced using Chinese-sourced
inputs and exported from Vietnam to the United States. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Further, because Hoangvu Co., Ltd. (Hoangvu) and SK Networks Co.,
Ltd. (SK Networks) did not cooperate to the best of their ability in
responding to Commerce's requests for information, we have based our
determinations with respect to these companies on the facts available,
with adverse inferences, pursuant to sections 776(a) and (b) of the
Act. In particular, as adverse facts available (AFA), we find that the
SSSS exported to the United States by Hoangvu and SK Networks from
Vietnam is merchandise covered by the scope of the Orders.
Additionally, as AFA, we find that finished SSSS products exported by
Hoangvu and SK Networks are completed in Vietnam using certain non-
subject stainless steel flat-rolled inputs of Chinese-origin, and thus,
are circumventing the Orders. Furthermore, as AFA, we continue to
determine that Hoangvu and SK Networks, and their importers, are
ineligible to certify that the SSSS exported by Hoangvu and SK Networks
from Vietnam was produced using non-Chinese sourced inputs.
Continued Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(3), based on these final
determinations in these circumvention and scope inquiries, Commerce
will direct CBP to continue to suspend liquidation and to require a
cash deposit of estimated duties on unliquidated entries of SSSS
completed in Vietnam using inputs manufactured in China, subsequently
exported from Vietnam to the United States, and entered, or withdrawn
from warehouse, for consumption on or after May 15, 2020, the date of
publication of the notice of initiation of these scope and
circumvention inquiries.\13\ The suspension of liquidation will remain
in effect until further notice.
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\13\ See Stainless Steel Sheet and Strip from the People's
Republic of China: Initiation of Anti-Circumvention and Scope
Inquiries on the Antidumping Duty and Countervailing Duty Orders, 85
FR 29401 (May 15, 2020).
---------------------------------------------------------------------------
SSSS that is further processed or completed in Vietnam from
stainless steel flat-rolled inputs that are not of Chinese-origin is
not subject to these inquiries. Therefore, cash deposits are not
required for such merchandise subject to certification requirements set
forth below.\14\
---------------------------------------------------------------------------
\14\ See Appendix II for the certification requirements, and
Appendixes III and IV for the Importer and Exporter Certifications,
respectively.
---------------------------------------------------------------------------
For these final determinations, we continue to implement the
certification process outlined in the Preliminary Determinations.
Specifically, if an importer of SSSS from Vietnam claims that the SSSS
was not produced using any stainless steel flat-rolled inputs of
Chinese-origin, in order to not be subject to cash deposit
requirements, the importer and exporter must meet the certification and
documentation requirements described in Appendix II. An exporter of
SSSS produced in Vietnam claiming that its SSSS was not produced using
any stainless steel flat-rolled inputs of Chinese-origin must prepare
and maintain an Exporter Certification and documentation supporting the
Exporter Certification (see Appendix IV). Additionally, importers of
such SSSS must prepare and maintain an Importer Certification (see
Appendix III), as well as documentation supporting the Importer
Certification. In addition to the Importer Certification, the importer
must also maintain a copy of the Exporter Certification (see Appendix
IV) and relevant supporting documentation from its exporter of SSSS
produced from stainless steel flat-rolled inputs that are not of
Chinese-origin.
As described above, the two uncooperative and non-responsive
companies (i.e., Hoangvu and SK Networks), along with their importers,
are not eligible to participate in the certification process at this
time. These companies 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.\15\
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\15\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Final Determination of Anti-
Circumvention Inquiry, 85 FR 9737, 9739 (February 20, 2020)
(``However, Protech 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.''); see also
Diamond Sawblades and Parts Thereof from the People's Republic of
China: Final Results of Antidumping Duty Changed Circumstances
Review, 85 FR 86905 (December 31, 2020) (``. . . Protech is eligible
to participate in a certification process because Protech has
demonstrated that it can identify diamond sawblades that it produced
in Canada using non-Chinese cores and Chinese segments.'').
---------------------------------------------------------------------------
Administrative Protective Order
This notice will serve as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction or APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
These final scope and affirmative circumvention determinations are
issued and published in accordance with section 781(b) of the Act and
19 CFR 351.225(f) and (h).
Dated: March 23, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Orders
The merchandise covered by the Orders is stainless sheet and
strip, whether in coils or straight lengths. Stainless steel is an
alloy steel containing, by weight, 1.2 percent or less of carbon and
10.5 percent or more of chromium, with or without other elements.
The subject sheet and strip is a flat-rolled product with a width
that is greater than 9.5 mm and with a thickness of 0.3048 mm and
greater but less than 4.75 mm, and that is annealed or otherwise
heat treated, and pickled or otherwise descaled. The subject sheet
and strip may also be further processed (e.g., cold-rolled,
annealed, tempered, polished, aluminized, coated, painted,
varnished, trimmed, cut, punched, or slit, etc.) provided that it
maintains the specific dimensions of sheet and strip set forth above
following such processing. The products described include products
regardless of shape, and include products of either rectangular or
non-rectangular cross-section where such cross-section is achieved
subsequent to the rolling process, i.e., products which have been
``worked after rolling'' (e.g., products which have been beveled or
rounded at the edges).
For purposes of the width and thickness requirements referenced
above: (1) where the nominal and actual measurements vary, a product
is within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set forth above; and (2) where the width and thickness vary for a
specific product (e.g., the thickness of certain products with non-
rectangular cross-section, the width of certain products with non-
rectangular shape, etc.), the measurement at its greatest width or
thickness applies.
All products that meet the written physical description, and in
which the chemistry quantities do not exceed any one of the noted
element levels listed above, are within the scope of the Orders
unless specifically excluded.
Subject merchandise includes stainless sheet and strip that has
been further processed in a third country, including but
[[Page 18524]]
not limited to cold-rolling, annealing, tempering, polishing,
aluminizing, coating, painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other processing that would not
otherwise remove the merchandise from the scope of the Orders if
performed in the country of manufacture of the stainless sheet and
strip.
Excluded from the scope of the Orders are the following: (1)
sheet and strip that is not annealed or otherwise heat treated and
not pickled or otherwise descaled; (2) plate (i.e., flat-rolled
stainless steel products of a thickness of 4.75 mm or more); and (3)
flat wire (i.e., cold-rolled sections, with a mill edge, rectangular
in shape, of a width of not more than 9.5 mm).
The products under the Orders are currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.0081,
7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.23.0030,
7219.23.0060, 7219.24.0030, 7219.24.0060, 7219.32.0005,
7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036,
7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.32.0045,
7219.32.0060, 7219.33.0005, 7219.33.0020, 7219.33.0025,
7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042,
7219.33.0044, 7219.33.0045, 7219.33.0070, 7219.33.0080,
7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030,
7219.34.0035, 7219.34.0050, 7219.35.0005, 7219.35.0015,
7219.35.0030, 7219.35.0035, 7219.35.0050, 7219.90.0010,
7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080,
7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015,
7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010,
7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080,
7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the Orders is
dispositive.
Appendix II
Certification Requirements
If a company imports stainless steel sheet and strip (SSSS) from
Vietnam and claims that the entry was not produced from Chinese-
sourced stainless steel flat-rolled inputs and, thus, is not subject
to the antidumping duty (AD) and countervailing duty (CVD) orders
\16\ on SSSS from China, then the importer is required to complete
and maintain the Importer Certification attached hereto as Appendix
III and retain all supporting documentation. The importer is further
required to maintain a copy of the Exporter Certification, attached
as Appendix IV, and retain all supporting documentation. The
Importer Certification must be completed, signed, and dated by the
time of filing of the entry summary for the relevant importation.
Where the importer uses a broker to facilitate the entry process, it
should obtain the entry number from the broker. Agents of the
importer, such as brokers, however, are not permitted to make this
certification on behalf of the importer.
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\16\ See Stainless Steel Sheet and Strip from the People's
Republic of China: Antidumping Duty Order, 82 FR 16160 (April 3,
2017); see also Stainless Steel Sheet and Strip from the People's
Republic of China: Countervailing Duty Order, 82 FR 16166 (April 3,
2017) (collectively, Orders).
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All importers of SSSS from Vietnam are eligible for the
certification process detailed below, with the exception that
entries of SSSS produced and/or exported by Hoangvu Co., Ltd. and SK
Networks Co., Ltd. are ineligible for certification.
The exporter is required to complete and maintain the Exporter
Certification, attached as Appendix IV, and is further required to
provide the importer a copy of that certification and all supporting
documentation (e.g., invoice, purchase order, production records,
etc.). The Exporter Certification must be completed, signed, and
dated by the time of shipment of the relevant entries (except as
noted below). The Exporter Certification should be completed by the
party selling the subject merchandise manufactured in Vietnam to the
United States.
The importer will not be required to submit the certifications
or supporting documentation to U.S. Customs and Border Protection
(CBP) as part of the entry process. However, the importer and
exporter will be required to present the certifications, and
supporting documentation, to the U.S. Department of Commerce
(Commerce) and/or CBP, as applicable, upon request by the respective
agency. Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce
and/or CBP. The importer and exporter are required to maintain the
certifications and supporting documentation for the later of: (1) a
period of five years from the date of entry; or (2) a period of
three years after the conclusion of any litigation in United States
courts regarding such entries.
For SSSS exported from Vietnam that was produced using Chinese-
sourced stainless steel flat-rolled inputs subject to this inquiry
that has been found to be circumventing the Orders, Commerce has
established the following third-country case numbers in the
Automated Commercial Environment (ACE): A-552-042 and C-552-043. For
SSSS exported from Vietnam that is merchandise covered by the scope
of the Orders, where the country of origin does not change for CBP's
reporting purposes, importers should report such entries under the
case numbers for the Orders: A-570-042 and C-570-043. For SSSS
exported from Vietnam that is merchandise covered by the scope of
the Orders, where the country-of-origin changes for CBP's reporting
purposes, importers should report such entries under the following
third-country case numbers: A-552-042 and C-552-043.
If it is determined that the certification and/or documentation
requirements in a certification have not been met, Commerce intends
to instruct CBP to suspend, under the appropriate case numbers,
either those established for the Orders, A-570-042/C-570-043, or the
third country case numbers, A-552-042/C-552-043, all unliquidated
entries for which these requirements were not met and require the
importer to post applicable AD and CVD cash deposits equal to the
rates as determined by Commerce. Entries suspended under A-570-042/
C-570-043/A-552-042/C-552-043 will be liquidated pursuant to
applicable administrative reviews of the Orders or through the
automatic liquidation process.
For shipments and/or entries suspended pursuant to the
preliminary determinations of these scope and circumvention
inquiries that were shipped and/or entered, or withdrawn from
warehouse, for consumption during the period on or after May 15,
2020 (the date of initiation of these scope and circumvention
inquiries) through the date of publication of the preliminary
determination in the Federal Register, for which certifications are
required, importers and exporters should complete the required
certification, as soon as practicable but not later than 45 days
after the publication of the preliminary determinations in the
Federal Register. Accordingly, where appropriate, the relevant
bullet in the certification should be edited to reflect that the
certification was completed within this time frame. Specifically,
exporters should complete the language in Paragraph G in the
Exporter Certification that reads: ``The shipments/products
referenced herein shipped before mm/dd/yyyy, the date on which
Commerce published notice of its preliminary scope and circumvention
findings in the Federal Register. This certification was completed
on mm/dd/yyyy, within 45 days of the Federal Register notice
publication.'' 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. The Exporter
Certifications should be maintained by both the importer and
exporter and provided to CBP or Commerce only upon request by the
respective agency. The exporter must provide the importer a copy of
the Exporter Certification within 45 days of the publication of the
preliminary determination in the Federal Register.
For shipments and/or entries suspended pursuant to the
preliminary determinations of these scope and circumvention
inquiries that were shipped and/or entered, or withdrawn from
warehouse, for consumption within 30 days of the date of publication
of the preliminary determination in the Federal Register, for which
certifications are required, importers and exporters should complete
the required certification, as soon as practicable but not later
than 45 days after the publication of the preliminary determinations
in the Federal Register. Accordingly, where appropriate, the
relevant bullet in the certification should be edited to reflect
that the certification was completed within this time frame.
Specifically, exporters should complete the language in Paragraph G
in the Exporter Certification that reads: ``The shipments/products
referenced herein shipped on mm/dd/yyyy. This certification was
completed on mm/dd/yyyy, within 45 days of the date on which
Commerce published its preliminary scope and circumvention findings
in the Federal Register.'' For such entries/shipments, importers and
exporters each have the option to complete a blanket certification
covering
[[Page 18525]]
multiple entries/shipments, individual certifications for each
entry/shipment, or a combination thereof. The Exporter
Certifications should be maintained by both the importer and
exporter and provided to CBP or Commerce only upon request by the
respective agency. The exporter must provide the importer a copy of
the Exporter Certification within 45 days of the publication of the
preliminary determination in the Federal Register.
For shipments and/or entries after 30 days from the date of
publication of the preliminary determination in the Federal
Register, for which certifications are required, importers and
exporters 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. Specifically, exporters should complete the language in
Paragraph G in the Exporter Certification that reads: ``I understand
that {EXPORTING COMPANY{time} must provide this Exporter
Certification to the U.S. importer by the time of shipment.''
For unliquidated entries (and entries for which liquidation has
not become final) of merchandise entered as non-AD/CVD type entries
(e.g., type 01) that were shipped and/or entered, or withdrawn from
warehouse, for consumption in the United States during the period,
May 15, 2020 (the date of initiation of these scope and
circumvention inquiries) through the date of publication of the
preliminary determination in the Federal Register, that is
merchandise covered by the scope of the Orders or was produced using
Chinese-sourced stainless steel flat-rolled inputs subject to this
inquiry that have been found to be circumventing the Orders,
importers should file a Post Summary Correction with CBP, in
accordance with CBP's regulations, regarding conversion of such
entries from non-AD/CVD type entries to AD/CVD type entries (e.g.,
type 01 to type 03). For such shipments, the Exporter Certifications
should be completed as soon as practicable, but not later than 45
days after publication of the preliminary determination in the
Federal Register. Importers should report those AD/CVD type entries
of merchandise that is covered by the scope of the Orders, under the
case numbers for the Orders, A-570-042/C-570-043, or A-552-042/C-
552-043, as appropriate. Importers should report those AD/CVD type
entries that were produced using Chinese-sourced stainless steel
flat-rolled inputs subject to this inquiry that have been found to
be circumventing the Orders, using the third-country case numbers,
A-552-042/C-552-043. Similarly, the importer should pay cash
deposits on those entries consistent with the regulations governing
post summary corrections that require payment of additional duties.
Appendix III
Importer Certification
I hereby certify that:
A. My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I am
an official of {IMPORTING COMPANY{time} , located at {ADDRESS OF
IMPORTING COMPANY{time} ;
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of the
stainless steel sheet and strip (SSSS) produced in Vietnam 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. I have personal knowledge of the facts regarding the
production of the imported products covered by this certification.
``Personal knowledge'' includes facts obtained from another party,
(e.g., correspondence received by the importer (or exporter) from
the producer regarding the source of the SSSS inputs used to produce
the imported products);
D. 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 #:
Country of Origin of Stainless Steel Flat-Rolled Inputs:
If the importer is acting on behalf of the first U.S. customer,
complete this paragraph:
E. The SSSS covered by this certification was imported by
{IMPORTING COMPANY{time} on behalf of {U.S. CUSTOMER{time} ,
located at {ADDRESS OF U.S. CUSTOMER{time} ;
F. The SSSS covered by this certification does not contain
stainless steel flat-rolled inputs produced in the People's Republic
of China (China);
G. I understand that {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, certificates of origin, product data sheets,
mill test reports, productions 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;
H. I understand that {IMPORTING COMPANY{time} is required to
provide this certification and supporting records, upon request, to
U.S. Customs and Border Protection (CBP) and/or the U.S. Department
of Commerce (Commerce);
I. I understand that {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 documentation 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;
J. I understand that {IMPORTING COMPANY{time} is required to
maintain and provide a copy of the exporter's certification and
supporting documentation provided by the exporter to the importer,
upon request, to CBP and/or Commerce;
K. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
L. I understand that failure to maintain the required
certification and supporting documentation 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 duty (AD) and
countervailing duty (CVD) orders on SSSS from China. I understand
that such finding will result in:
[cir] suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
[cir] the requirement that the importer post applicable AD and/
or CVD cash deposits (as appropriate) equal to the rates determined
by Commerce; and
[cir] the revocation of {IMPORTING COMPANY{time} 's privilege to
certify that future imports of SSSS were not produced using
stainless steel flat-rolled inputs sourced from China subject to
these certifications.
M. I understand that agents of the importer, such as brokers,
are not permitted to make this certification;
N. This certification was completed by the time of filing the
entry summary or within 45 days of the date on which Commerce
published notice of its preliminary scope and circumvention findings
in the Federal Register; and
O. 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{time}
{TITLE{time}
{DATE{time}
Appendix IV
Exporter Certification
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
OF EXPORTING COMPANY{time} ;
B. I have direct personal knowledge of the facts regarding the
production and exportation in the Customs territory of the United
States of the stainless steel sheet and strip (SSSS) identified
below. ``Direct personal knowledge'' refers to facts the certifying
party is expected to have in its own books and records. For example,
an exporter should have ``direct personal knowledge'' of the
producer's identity and location;
C. The SSSS covered by this certification does not contain
stainless steel flat-rolled inputs 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.
[[Page 18526]]
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's Invoice # to Foreign Seller: (If the foreign seller
and the producer are the same party, put NA here.)
Producer's Invoice # Foreign Seller: (If the foreign seller and
the producer are the same party, put NA here.)
Producer of Stainless Steel Flat-Rolled Inputs' Name:
Location (Country) of Producer of Stainless Steel Flat-Rolled
Inputs:
E. The SSSS products covered by this certification were shipped
to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} ,
located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
F. I understand that {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, product data sheets, mill test reports,
productions 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. The shipments/products referenced herein shipped before mm/
dd/yyyy, the date on which Commerce published notice of its
preliminary scope and circumvention findings in the Federal
Register. This certification was completed on mm/dd/yyyy, within 45
days of the Federal Register notice publication.
{Or{time}
The shipments/products referenced herein shipped on mm/dd/yyyy.
This certification was completed on mm/dd/yyyy, within 45 days of
the date on which Commerce published its preliminary scope and
circumvention findings in the Federal Register.
{Or{time}
I understand that {EXPORTING COMPANY{time} must provide this
Exporter Certification to the U.S. importer by the time of shipment;
H. I understand that failure to maintain the required
certification and supporting documentation, failure to substantiate
the claims made herein, and/or failure to allow U.S. Customs and
Border Protection (CBP) and/or the U.S. Department of Commerce
(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 duty (AD) and
countervailing duty (CVD) orders on SSSS from China. I understand
that such a finding will result in:
[cir] suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met;
[cir] the requirement that the importer post applicable AD and/
or CVD cash deposits (as appropriate) equal to the rates as
determined by Commerce; and
[cir] the revocation of {EXPORTING COMPANY{time} 's privilege to
certify that future imports of SSSS were not produced using
stainless steel flat-rolled inputs sourced from China subject to
these certifications.
I. This certification was completed at time of shipment or
within 45 days of the date on which Commerce published notice of its
preliminary scope and anti-circumvention findings in the Federal
Register; and
J. 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{time}
{TITLE{time}
{DATE{time}
[FR Doc. 2023-06500 Filed 3-28-23; 8:45 am]
BILLING CODE 3510-DS-P
