Certain Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order, 21989-21994 [2023-07708]
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices
the certification; or (2) the date that is three
years after the conclusion of any litigation in
the United States courts regarding such
entries;
I. I understand that {IMPORTING
COMPANY} is required to maintain a copy
of the exporter’s certification (attesting to the
production and/or exportation of the
imported merchandise identified above), and
any supporting documentation provided to
the importer by the exporter, until the later
of: (1) the date that is five years after the date
of the latest entry 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;
J. I understand that {IMPORTING
COMPANY} is required to provide U.S.
Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce
(Commerce) with the importer certification,
and any supporting documentation, and a
copy of the exporter’s certification, and any
supporting documentation provided to the
importer by the exporter, upon request of
either agency;
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, 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 entries to which this
certification applies are within the scope of
the antidumping duty (AD) order and
countervailing duty (CVD) order on LWRPT
from China. I understand that such finding
will result in:
(i) suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the importer being required to post the
antidumping duty and countervailing duty
cash deposits determined by Commerce; and
(iii) the importer no longer being allowed
to participate in the certification process.
M. I understand that agents of the importer,
such as brokers, are not permitted to make
this certification;
This certification was completed and
signed on, or prior to, the date of the entry
summary if the entry date is more than 14
days after the date of publication of the
notice of Commerce’s preliminary
determination of circumvention in the
Federal Register. If the entry date is on or
before the 14th day after the date of
publication of the notice of Commerce’s
preliminary determination of circumvention
in the Federal Register, this certification was
completed and signed 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 material false
statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
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{TITLE OF COMPANY OFFICIAL}
{DATE}
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 LWRPT 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 LWRPT covered by this certification
was 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. The LWRPT covered by this certification
does not contain HRS produced in China;
E. This certification applies to the
following sales to {NAME OF U.S.
CUSTOMER}, located at {ADDRESS OF U.S.
CUSTOMER} (repeat this block as many
times as necessary):
Foreign Seller’s Invoice # to U.S. Customer:
Foreign Seller’s Invoice to U.S. Customer
Line item #:
Producer Name:
Producer’s Address:
Producer’s Invoice # to Foreign Seller: (If
the foreign seller and the producer are the
same party, put NA here.)
Name of Producer of HRS:
Location (Country) of Producer of HRS:
F. The LWRPT covered by this certification
was shipped to {NAME OF U.S. PARTY TO
WHOM MERCHANDISE WAS SHIPPED},
located at {U.S. ADDRESS TO WHICH
MERCHANDISE WAS SHIPPED};
G. 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 data sheets, mill test reports,
productions records, invoices, etc.) until the
later of: (1) the date that is five years after the
latest date of the entries covered by the
certification; or (2) the date that is three years
after the conclusion of any litigation in the
United States courts regarding such entries;
H. 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 this certification, and any
supporting documents, upon request of either
agency;
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21989
I. I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce;
J. I understand that failure to maintain the
required certification and 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 within the scope of
the antidumping duty and countervailing
duty orders on LWRPT from China. I
understand that such a finding will result in:
(i) suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met;
(ii) the importer being required to post the
antidumping duty and countervailing duty
cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being
allowed to participate in the certification
process.
K. I understand that agents of the seller/
exporter, such as freight forwarding
companies or brokers, are not permitted to
make this certification.
L. 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 more
than 14 days 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 14th day after the date of
publication of the notice of Commerce’s
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; and
M. 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 OF COMPANY OFFICIAL}
{DATE}
[FR Doc. 2023–07712 Filed 4–11–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–809]
Certain Circular Welded Non-Alloy
Steel Pipe From the Republic of Korea:
Preliminary Affirmative Determination
of Circumvention of the Antidumping
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices
The U.S. Department of
Commerce (Commerce) preliminarily
determines that imports of certain
circular welded non-alloy steel pipe
(CWP), completed in the Socialist
Republic of Vietnam (Vietnam) using
hot-rolled steel (HRS) produced in the
Republic of Korea (Korea), are
circumventing the antidumping duty
(AD) order on CWP from Korea.
DATES: Applicable April 12, 2023.
FOR FURTHER INFORMATION CONTACT:
Andre Gziryan, 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) 482–2201.
SUPPLEMENTARY INFORMATION:
SUMMARY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On November 2, 1992, Commerce
published in the Federal Register an AD
order on CWP from Korea.1 On August
4, 2022, Commerce initiated a countrywide circumvention inquiry to
determine whether certain imports of
CWP completed in Vietnam using HRS
produced in Korea are circumventing
the Order.2 On August 30, 2022,
Commerce selected, in alphabetical
order, SeAH Steel VINA Corporation
(SeAH VINA) and Vietnam Haiphong
Hongyuan Machinery Manufacturing
Co., Ltd. (Vietnam Haiphong) as the
mandatory respondents in this
circumvention inquiry.3
On December 9, 2022, Commerce
extended the time limit for issuing the
preliminary determination in this
circumvention inquiry from January 3 to
March 31, 2023.4 On March 31, 2023,
Commerce extended the time limit for
issuing the preliminary determination
in this circumvention inquiry from
1 See Notice of Antidumping Duty Orders: Certain
Circular Welded Non-Alloy Steel Pipe from Brazil,
the Republic of Korea (Korea), Mexico, and
Venezuela, and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Circular
Welded Non-Alloy Steel Pipe from Korea, 57 FR
49453 (November 2, 1992) (Order or Korea Order).
2 See Circular Welded Carbon Quality Steel Pipe
from the People’s Republic of China; Certain
Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea; Certain Welded Carbon Steel
Standard Pipes and Tubes from India; Certain
Circular Welded Carbon Steel Pipes and Tubes from
Taiwan; Certain Circular Welded Non-Alloy Steel
Pipe from Taiwan; Light-Walled Rectangular Pipe
and Tube from the People’s Republic of China;
Light-Walled Rectangular Pipe and Tube from the
Republic of Korea; Light-Walled Welded
Rectangular Carbon Steel Tubing from Taiwan:
Initiation of Circumvention Inquiries on the
Antidumping and Countervailing Duty Orders, 87
FR 47711 (August 4, 2022).
3 See Memorandum, ‘‘Respondent Selection
Memorandum,’’ dated August 30, 2022.
4 See Memorandum, ‘‘Extension of Preliminary
Determinations in Circumvention Inquiries,’’ dated
December 9, 2022.
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March 31 to April 6, 2023.5 For a
complete description of the events that
followed the initiation of this
circumvention inquiry, see the
Preliminary Decision Memorandum.6
Scope of the Order
The products covered by the Order
include certain welded carbon steel
standard CWP with an outside diameter
of 0.375 inch or more but not over 16
inches. For a full description of the
scope of the Order, see the Preliminary
Decision Memorandum.7
Merchandise Subject to the
Circumvention Inquiry
This circumvention inquiry covers
CWP completed in Vietnam using
Korea-origin HRS and subsequently
exported from Vietnam to the United
States (inquiry merchandise).
Methodology
Commerce is conducting this
circumvention inquiry in accordance
with section 781(b) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.226. For a complete description of
the events that followed the initiation of
this circumvention inquiry, see the
Preliminary Decision Memorandum. A
list of topics discussed in the
Preliminary Decision Memorandum is
included in Appendix I to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Preliminary Determination of No
Shipments
On October 7, 2022 and January 9,
2023, Vietnam Haiphong timely filed
responses to Commerce’s initial and
supplemental questionnaires, in which
Vietnam Haiphong reported that it did
not sell or export the merchandise
covered by the circumvention inquiry to
the United States during the period of
inquiry, January 1, 2017, through
December 31, 2021.8 Based on the
5 See Memorandum, ‘‘Second Extension of
Preliminary Determinations in Circumvention
Inquiries,’’ dated March 31, 2023.
6 See Memorandum, ‘‘Preliminary Decision
Memorandum for the Circumvention Inquiry on the
Antidumping Duty Order,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
7 Id. at 5.
8 Id. at 2–3.
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supporting information provided by
Vietnam Haiphong,9 we preliminarily
determine that Vietnam Haiphong had
no shipments of inquiry merchandise to
the United States during the period of
inquiry.
Preliminary Circumvention
Determination
As detailed in the Preliminary
Decision Memorandum, Commerce
preliminarily determines that CWP
completed in Vietnam using Koreaorigin HRS and subsequently exported
from Vietnam to the United States is
circumventing the Order on a countrywide basis. As a result, in accordance
with section 781(b) of the Act, we
preliminarily determine that this
inquiry merchandise should be
included within the scope of the Order.
See the ‘‘Suspension of Liquidation and
Cash Deposit Requirements’’ section,
below, for details regarding suspension
of liquidation and cash deposit
requirements. See the ‘‘Certifications’’
and ‘‘Certification Requirements for
Vietnam’’ sections, below, for details
regarding the use of certifications.
Suspension of Liquidation and Cash
Deposit Requirements
Based on the preliminary affirmative
country-wide determination of
circumvention for Korea, in accordance
with 19 CFR 351.226(l)(2), we will
direct U.S. Customs and Border
Protection (CBP) to suspend liquidation
and require a cash deposit of estimated
duties on unliquidated entries of CWP
completed in Vietnam using Koreaorigin HRS, that were entered, or
withdrawn from warehouse, for
consumption on or after August 4, 2022,
the date of publication of the initiation
of this circumvention inquiry in the
Federal Register.
CWP produced in Vietnam from HRS
that is not of Korean origin is not subject
to this inquiry. Therefore, cash deposits
are not required for such merchandise
under the Korea Order. However,
Commerce preliminarily finds that CWP
completed in Vietnam using the
People’s Republic of China (China)origin HRS is circumventing the AD and
countervailing duty (CVD) orders on
CWP from China, and certain welded
carbon steel standard pipes and Tubes
(pipe and tube) from India completed in
Vietnam using India-origin HRS is
circumventing the AD order on pipe and
tube from India.10 Imports of such
9 Id.
10 See the unpublished Federal Register notices,
‘‘Certain Circular Welded Non-Alloy Steel Pipe
from the People’s Republic of China: Preliminary
Affirmative Determination of Circumvention of the
Antidumping and Countervailing Duty Orders,’’
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merchandise are subject to certification
requirements, and cash deposits may be
required.
If an importer imports CWP from
Vietnam and claims that the CWP was
not produced from Korea-origin HRS, in
order to not be subject to the Korea
Order cash deposit requirements, the
importer and exporter are required to
meet the certification and
documentation requirements described
in the ‘‘Certifications’’ and
‘‘Certification Requirements for
Vietnam’’ sections, below.
Where no certification is provided for
an entry, and AD/CVD orders from three
countries (China, India or Korea)
potentially apply to that entry,
Commerce intends to instruct CBP to
suspend the entry and collect cash
deposits at the rates applicable to the
AD and CVD orders on CWP from China
(i.e., the AD rate established for the
China-wide entity (85.55 percent) and
the CVD rate established for all-others
(39.01 percent) under the following
third country case numbers: A–552–
009–000 and C–552–009–000.11 This is
to prevent evasion, given that the AD/
CVD rates established for CWP from
China are higher than the AD rates
established for pipe and tube from India
and CWP from Korea.
Where a certification is provided for
the AD/CVD orders on CWP from China
(stating that the merchandise was not
produced using China-origin HRS), but
no other certification is provided, then
Commerce intends to instruct CBP to
suspend the entry and collect cash
deposits at the rate applicable to the AD
order on pipe and tube from India (i.e.,
the AD rate established for all-others
(7.08 percent)) under the following third
country case number: A–552–012–
000.12 This is to prevent evasion, given
that the AD rate established for pipe and
tube from India is higher than the AD
rate established for CWP from Korea.
To enter inquiry merchandise (CWP
produced in Vietnam using Korea-origin
HRS) parties must provide certifications
for the AD/CVD orders on CWP from
China (stating that the merchandise was
not produced using China-origin HRS)
and ‘‘Certain Welded Carbon Steel Standard Pipes
and Tubes from India: Preliminary Affirmative
Determination of Circumvention of the
Antidumping Duty Order,’’ dated concurrently with
this notice.
11 See Notice of Antidumping Duty Order:
Circular Welded Carbon Quality Steel Pipe from the
People’s Republic of China, 73 FR 42547 (July 22,
2008); and Circular Welded Carbon Quality Steel
Pipe from the People’s Republic of China: Notice of
Amended Final Affirmative Countervailing Duty
Determination and Notice of Countervailing Duty
Order, 73 FR 42545 (July 22, 2008).
12 See Antidumping Duty Order; Certain Welded
Carbon Steel Standard Pipes and Tubes from India,
51 FR 17384 (May 12, 1986).
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and for the AD order on pipe and tube
from India (stating that the merchandise
was not produced using India-origin
HRS). Commerce established the
following third country case number in
the Automated Commercial
Environment (ACE) for entries of CWP
produced in Vietnam using Korea-origin
HRS: A–552–011–000. Commerce also
established the following companyspecific third-country case number for
SeAH Vina, for which Commerce made
an affirmative determination of
circumvention, for entries of CWP
produced in Vietnam using Korea-origin
HRS: A–552–011–001. The cash deposit
rate will be the Korea AD all-others rate
(i.e., 4.80 percent).13
These suspension of liquidation
instructions will remain in effect until
further notice.
Certified Entries
Entries for which the importer and
exporter have met the certification
requirements described below and in
Appendix II to this notice will not be
subject to suspension of liquidation, or
the cash deposit requirements described
above. Failure to comply with the
applicable requisite certification
requirements may result in the
merchandise being subject to duties.
Certifications
To administer the preliminary
country-wide affirmative determination
of circumvention for Vietnam,
Commerce established importer and
exporter certifications, which allow
companies to certify that specific entries
of CWP from Vietnam are not subject to
suspension of liquidation or the
collection of cash deposits pursuant to
this preliminary country-wide
affirmative determination of
circumvention because the merchandise
is not made with Korea-origin HRS (see
Appendix II to this notice).
Importers and exporters that claim
that the entry of CWP is not subject to
suspension of liquidation, or the
collection of cash deposits based on the
merchandise not being made with
Korea-origin HRS, must complete the
applicable certification and meet the
certification and documentation
requirements described below, as well
as the requirements identified in the
applicable certification.
Certification Requirements for Vietnam
Importers are required to complete
and maintain the applicable importer
certification, and maintain a copy of the
applicable exporter certification, and
retain all supporting documentation for
13 See
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both certifications. With the exception
of the entries described below, the
importer certification must be
completed, signed, and dated by the
time the entry summary is filed for the
relevant entry. The importer, or the
importer’s agent, must submit both the
importer’s certification and the
exporter’s certification to CBP as part of
the entry process by uploading them
into the document imaging system (DIS)
in ACE. Where the importer uses a
broker to facilitate the entry process, the
importer should obtain the entry
summary number from the broker.
Agents of the importer, such as brokers,
however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete
and maintain the applicable exporter
certification and provide the importer
with a copy of that certification and all
supporting documentation (e.g., invoice,
purchase order, production records,
etc.). With the exception of the entries
described below, the exporter
certification must be completed, signed,
and dated by the time of shipment of the
relevant entries. The exporter
certification should be completed by the
party selling the CWP that was
manufactured in Vietnam to the United
States.
Additionally, the claims made in the
certifications and any supporting
documentation are subject to
verification by Commerce and/or CBP.
Importers and exporters are required to
maintain the certifications and
supporting documentation 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.
For all CWP from Vietnam that was
entered, or withdrawn from warehouse,
for consumption during the period
August 4, 2022 (the date of initiation of
this circumvention inquiry), through the
date of publication of the preliminary
determination in the Federal Register,
where the entry has not been liquidated
(and entries for which liquidation has
not become final), the relevant
certification should be completed and
signed as soon as practicable, but not
later than 45 days after the date of
publication of this preliminary
determination in the Federal Register.
For such entries, importers and
exporters each have the option to
complete a blanket certification
covering multiple entries, individual
certifications for each entry, or a
combination thereof. The exporter must
provide the importer with a copy of the
exporter certification within 45 days of
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the date of publication of this
preliminary determination in the
Federal Register.
For unliquidated entries (and entries
for which liquidation has not become
final) of CWP that were declared as nonAD type entries (e.g., type 01) and
entered, or withdrawn from warehouse,
for consumption in the United States
during the period August 4, 2022 (the
date of initiation of these circumvention
inquiries), through the date of
publication of the preliminary
determination in the Federal Register,
for which none of the above
certifications may be made, importers
must file a Post Summary Correction
with CBP, in accordance with CBP’s
regulations, regarding conversion of
such entries from non-AD type entries
to AD type entries (e.g., type 01 to type
03). Importers should report those AD
type entries using the third country
cases numbers identified in the
‘‘Suspension of Liquidation and Cash
Deposit Requirements’’ section above.
The importer should pay cash deposits
on those entries consistent with the
regulations governing post summary
corrections that require payment of
additional duties.
If it is determined that an importer
and/or exporter has not met the
certification and/or related
documentation requirements for certain
entries, Commerce intends to instruct
CBP to suspend, pursuant to this
preliminary country-wide affirmative
determination of circumvention and the
Order,14 all unliquidated entries for
which these requirements were not met
and require the importer to post
applicable cash deposits equal to the
rates noted above.
Interested parties may comment on
these certification requirements, and on
the certification language contained in
Appendix II to this notice in their case
briefs.
Verification
As provided in 19 CFR 351.307,
Commerce may verify information
relied upon in making its final
determination.
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Case briefs or other written comments
should be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
seven days after the deadline for case
Order.
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U.S. International Trade Commission
Notification
Commerce, consistent with section
781(e) of the Act, will notify the U.S.
International Trade Commission (ITC) of
this preliminary determination to
include the merchandise subject to this
circumvention inquiry within the Order.
Pursuant to section 781(e) of the Act,
the ITC may request consultations
concerning Commerce’s proposed
inclusion of the inquiry merchandise. If,
after consultations, the ITC believes that
a significant injury issue is presented by
the proposed inclusion, it will have 60
days from the date of notification by
Commerce to provide written advice.
Notification to Interested Parties
Public Comment
14 See
briefs.15 Parties who submit case briefs
or rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.16
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined.
All submissions should be filed
electronically via ACCESS.17
Alternative arrangements for manual
filings must be made by contacting the
official in charge at least 72 hours before
the deadline. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.18
This determination is issued and
published in accordance with section
781(b) of the Act and 19 CFR
351.226(g)(1).
15 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
16 See 19 CFR 351.309(c)(2)(d)(2).
17 See 19 CFR 351.303.
18 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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Dated: April 6, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the
Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Surrogate Country and Methodology for
Valuing Factors of Production from NonMarket Economy Sources
VII. Statutory and Regulatory Framework for
a Circumvention Inquiry
VIII. Analysis of Statutory Criteria for the
Circumvention Inquiry
IX. Summary of Analysis
X. Verification
XI. Certification Process and Country-Wide
Affirmative Determination of
Circumvention
XII. Recommendation
Appendix II
1. Certifications
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};
B. I have direct personal knowledge of the
facts regarding the importation into the
Customs territory of the United States of
certain circular welded non-alloy steel pipe
(CWP) 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 CWP, including the exporter’s
and/or foreign seller’s identity and location;
C. If the importer is acting on behalf of the
first U.S. customer, include the following
sentence as paragraph C of this certification:
The CWP covered by this certification was
imported by {IMPORTING COMPANY} on
behalf of {U.S. CUSTOMER}, located at
{ADDRESS OF U.S. CUSTOMER};
If the importer is not acting on behalf of
the first U.S. customer, include the following
sentence as paragraph C of this certification:
{NAME OF IMPORTING COMPANY} is
not acting on behalf of the first U.S.
customer.
D. The CWP covered by this certification
was shipped to {NAME OF PARTY IN THE
UNITED STATES TO WHOM THE
MERCHANDISE WAS FIRST SHIPPED},
located at {U.S. ADDRESS TO WHICH
MERCHANDISE WAS SHIPPED}.
E. 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
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exporter) from the producer regarding the
source of hot-rolled steel (HRS) used to
produce the imported CWP);
F. 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 HRS:
Producer:
Producer’s Address:
G. The CWP covered by this certification
does not contain HRS produced in Korea;
H. 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.)
until the later of: (1) the date that is five years
after the date of the latest entry covered by
the certification; or (2) the date that is three
years after the conclusion of any litigation in
the United States courts regarding such
entries;
I. I understand that {IMPORTING
COMPANY} is required to maintain a copy
of the exporter’s certification (attesting to the
production and/or exportation of the
imported merchandise identified above), and
any supporting documentation provided to
the importer by the exporter, until the later
of: (1) the date that is five years after the date
of the latest entry 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;
J. I understand that {IMPORTING
COMPANY} is required to provide U.S.
Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce
(Commerce) with the importer certification,
and any supporting documentation, and a
copy of the exporter’s certification, and any
supporting documentation provided to the
importer by the exporter, upon request of
either agency;
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, 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 entries to which this
certification applies are within the scope of
the antidumping duty (AD) order on CWP
from Korea. I understand that such finding
will result in:
(i) suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the importer being required to post the
cash deposits determined by Commerce; and
(iii) the importer no longer being allowed
to participate in the certification process.
VerDate Sep<11>2014
19:25 Apr 11, 2023
Jkt 259001
M. I understand that agents of the importer,
such as brokers, are not permitted to make
this certification;
This certification was completed and
signed on, or prior to, the date of the entry
summary if the entry date is more than 14
days after the date of publication of the
notice of Commerce’s preliminary
determination of circumvention in the
Federal Register. If the entry date is on or
before the 14th day after the date of
publication of the notice of Commerce’s
preliminary determination of circumvention
in the Federal Register, this certification was
completed and signed 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 material false
statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
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 certain circular welded
non-alloy steel pipe (CWP) 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 CWP covered by this certification
was 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. The CWP covered by this certification
does not contain HRS produced in Korea;
E. This certification applies to the
following sales to {NAME OF U.S.
CUSTOMER}, located at {ADDRESS OF U.S.
CUSTOMER} (repeat this block as many
times as necessary):
Foreign Seller’s Invoice # to U.S. Customer:
Foreign Seller’s Invoice to U.S. Customer
Line item #:
Producer Name:
Producer’s Address:
Producer’s Invoice # to Foreign Seller: (If
the foreign seller and the producer are the
same party, put NA here.)
Name of Producer of HRS:
Location (Country) of Producer of HRS:
F. The CWP covered by this certification
was shipped to {NAME OF U.S. PARTY TO
WHOM MERCHANDISE WAS SHIPPED},
located at {U.S. ADDRESS TO WHICH
MERCHANDISE WAS SHIPPED};
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
21993
G. 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 data sheets, mill test reports,
productions records, invoices, etc.) until the
later of: (1) the date that is five years after the
latest date of the entries covered by the
certification; or (2) the date that is three years
after the conclusion of any litigation in the
United States courts regarding such entries;
H. 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 this certification, and any
supporting documents, upon request of either
agency;
I. I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce;
J. I understand that failure to maintain the
required certification and 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 within the scope of
the antidumping duty order on CWP from
Korea. I understand that such a finding will
result in:
(i) suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met;
(ii) the importer being required to post the
cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being
allowed to participate in the certification
process.
K. I understand that agents of the seller/
exporter, such as freight forwarding
companies or brokers, are not permitted to
make this certification.
L. 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 more
than 14 days 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 14th day after the date of
publication of the notice of Commerce’s
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; and
M. 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.
E:\FR\FM\12APN1.SGM
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21994
Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
[FR Doc. 2023–07708 Filed 4–11–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–502]
Certain Welded Carbon Steel Standard
Pipes and Tubes From India:
Preliminary Affirmative Determination
of Circumvention of the Antidumping
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that imports of certain
welded carbon steel standard pipes and
tubes (pipe and tube), completed in the
Socialist Republic of Vietnam (Vietnam)
using hot-rolled steel (HRS) produced in
India, are circumventing the
antidumping duty (AD) order on pipe
and tube from India.
DATES: Applicable April 12, 2023.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, 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) 482–0665.
SUPPLEMENTARY INFORMATION:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On May 12, 1986, Commerce
published in the Federal Register an AD
order on pipe and tube from India.1 On
August 4, 2022, Commerce initiated a
country-wide circumvention inquiry to
determine whether certain imports of
pipe of tube completed in Vietnam
using HRS produced in India are
circumventing the Order.2 On August
1 See Antidumping Duty Order; Certain Welded
Carbon Steel Standard Pipes and Tubes from India,
51 FR 17384 (May 12, 1986) (Order or India Order).
2 See Circular Welded Carbon Quality Steel Pipe
from the People’s Republic of China; Certain
Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea; Certain Welded Carbon Steel
Standard Pipes and Tubes from India; Certain
Circular Welded Carbon Steel Pipes and Tubes from
Taiwan; Certain Circular Welded Non-Alloy Steel
Pipe from Taiwan; Light-Walled Rectangular Pipe
and Tube from the People’s Republic of China;
Light-Walled Rectangular Pipe and Tube from the
Republic of Korea; Light-Walled Welded
Rectangular Carbon Steel Tubing from Taiwan:
Initiation of Circumvention Inquiries on the
Antidumping and Countervailing Duty Orders, 87
FR 47711 (August 4, 2022).
VerDate Sep<11>2014
19:25 Apr 11, 2023
Jkt 259001
30, 2022, Commerce selected, in
alphabetical order, SeAH Steel VINA
Corporation (SeAH VINA) and Vietnam
Haiphong Hongyuan Machinery
Manufacturing Co., Ltd. (Vietnam
Haiphong) as the mandatory
respondents in this circumvention
inquiry.3
On December 9, 2022, Commerce
extended the time limit for issuing the
preliminary determination in this
circumvention inquiry from January 3 to
March 31, 2023.4 On March 31, 2023,
Commerce extended the time limit for
issuing the preliminary determination
in this circumvention inquiry from
March 31 to April 6, 2023.5 For a
complete description of the events that
followed the initiation of this
circumvention inquiry, see the
Preliminary Decision Memorandum.6
Scope of the Order
The products covered by the Order
include certain welded carbon steel
standard pipes and tubes with an
outside diameter of 0.375 inch or more
but not over 16 inches. For a full
description of the scope of the Order,
see the Preliminary Decision
Memorandum.7
Merchandise Subject to the
Circumvention Inquiry
This circumvention inquiry covers
pipe and tube completed in Vietnam
using India-origin HRS and
subsequently exported from Vietnam to
the United States (inquiry merchandise).
Methodology
Commerce is conducting this
circumvention inquiry in accordance
with section 781(b) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.226. For a complete description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum. A
list of topics discussed in the
Preliminary Decision Memorandum is
included in Appendix I to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
3 See Memorandum, ‘‘Respondent Selection,’’
dated August 30, 2022.
4 See Memorandum, ‘‘Extension of Preliminary
Determinations in Circumvention Inquiries,’’ dated
December 9, 2022.
5 See Memorandum, ‘‘Second Extension of
Preliminary Determinations in Circumvention
Inquiries,’’ dated March 31, 2023.
6 See Memorandum, ‘‘Preliminary Decision
Memorandum for the Circumvention Inquiry on the
Antidumping Duty Order,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
7 Id. at 4–5.
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Frm 00034
Fmt 4703
Sfmt 4703
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.
Preliminary Determination of No
Shipments
On October 7, 2022 and January 9,
2023, Vietnam Haiphong timely filed
responses to Commerce’s initial and
supplemental questionnaires, in which
Vietnam Haiphong reported that it did
not sell or export the merchandise
covered by the circumvention inquiry to
the United States during the period of
inquiry, January 1, 2017, through
December 31, 2021.8 Based on the
supporting information provided by
Vietnam Haiphong,9 we preliminarily
determine that Vietnam Haiphong had
no shipments of inquiry merchandise to
the United States during the period of
inquiry.
Preliminary Circumvention
Determination
As detailed in the Preliminary
Decision Memorandum, Commerce
preliminarily determines that pipe and
tube completed in Vietnam using Indiaorigin HRS and subsequently exported
from Vietnam to the United States is
circumventing the Order on a countrywide basis. As a result, in accordance
with section 781(b) of the Act, we
preliminarily determine that the inquiry
merchandise should be included within
the scope of the Order. See the
‘‘Suspension of Liquidation and Cash
Deposit Requirements’’ section, below,
for details regarding suspension of
liquidation and cash deposit
requirements. See the ‘‘Certifications’’
and ‘‘Certification Requirements for
Vietnam’’ sections, below, for details
regarding the use of certifications.
Suspension of Liquidation and Cash
Deposit Requirements
Based on the preliminary affirmative
country-wide determination of
circumvention for India, in accordance
with 19 CFR 351.226(l)(2), we will
direct U.S. Customs and Border
Protection (CBP) to suspend liquidation
and require a cash deposit of estimated
duties on unliquidated entries of pipe
and tube completed in Vietnam using
India-origin HRS, that were entered, or
withdrawn from warehouse, for
consumption on or after August 4, 2022,
the date of publication of the initiation
8 Id.
at 2–3.
9 Id.
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]]>Agencies
[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 21989-21994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07708]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Certain Circular Welded Non-Alloy Steel Pipe From the Republic of
Korea: Preliminary Affirmative Determination of Circumvention of the
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 21990]]
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that imports of certain circular welded non-alloy steel pipe
(CWP), completed in the Socialist Republic of Vietnam (Vietnam) using
hot-rolled steel (HRS) produced in the Republic of Korea (Korea), are
circumventing the antidumping duty (AD) order on CWP from Korea.
DATES: Applicable April 12, 2023.
FOR FURTHER INFORMATION CONTACT: Andre Gziryan, 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) 482-2201.
SUPPLEMENTARY INFORMATION:
Background
On November 2, 1992, Commerce published in the Federal Register an
AD order on CWP from Korea.\1\ On August 4, 2022, Commerce initiated a
country-wide circumvention inquiry to determine whether certain imports
of CWP completed in Vietnam using HRS produced in Korea are
circumventing the Order.\2\ On August 30, 2022, Commerce selected, in
alphabetical order, SeAH Steel VINA Corporation (SeAH VINA) and Vietnam
Haiphong Hongyuan Machinery Manufacturing Co., Ltd. (Vietnam Haiphong)
as the mandatory respondents in this circumvention inquiry.\3\
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Orders: Certain Circular
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea
(Korea), Mexico, and Venezuela, and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy
Steel Pipe from Korea, 57 FR 49453 (November 2, 1992) (Order or
Korea Order).
\2\ See Circular Welded Carbon Quality Steel Pipe from the
People's Republic of China; Certain Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea; Certain Welded Carbon Steel
Standard Pipes and Tubes from India; Certain Circular Welded Carbon
Steel Pipes and Tubes from Taiwan; Certain Circular Welded Non-Alloy
Steel Pipe from Taiwan; Light-Walled Rectangular Pipe and Tube from
the People's Republic of China; Light-Walled Rectangular Pipe and
Tube from the Republic of Korea; Light-Walled Welded Rectangular
Carbon Steel Tubing from Taiwan: Initiation of Circumvention
Inquiries on the Antidumping and Countervailing Duty Orders, 87 FR
47711 (August 4, 2022).
\3\ See Memorandum, ``Respondent Selection Memorandum,'' dated
August 30, 2022.
---------------------------------------------------------------------------
On December 9, 2022, Commerce extended the time limit for issuing
the preliminary determination in this circumvention inquiry from
January 3 to March 31, 2023.\4\ On March 31, 2023, Commerce extended
the time limit for issuing the preliminary determination in this
circumvention inquiry from March 31 to April 6, 2023.\5\ For a complete
description of the events that followed the initiation of this
circumvention inquiry, see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Extension of Preliminary Determinations in
Circumvention Inquiries,'' dated December 9, 2022.
\5\ See Memorandum, ``Second Extension of Preliminary
Determinations in Circumvention Inquiries,'' dated March 31, 2023.
\6\ See Memorandum, ``Preliminary Decision Memorandum for the
Circumvention Inquiry on the Antidumping Duty Order,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order include certain welded carbon
steel standard CWP with an outside diameter of 0.375 inch or more but
not over 16 inches. For a full description of the scope of the Order,
see the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ Id. at 5.
---------------------------------------------------------------------------
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers CWP completed in Vietnam using
Korea-origin HRS and subsequently exported from Vietnam to the United
States (inquiry merchandise).
Methodology
Commerce is conducting this circumvention inquiry in accordance
with section 781(b) of the Tariff Act of 1930, as amended (the Act) and
19 CFR 351.226. For a complete description of the events that followed
the initiation of this circumvention inquiry, see the Preliminary
Decision Memorandum. A list of topics discussed in the Preliminary
Decision Memorandum is included in Appendix I to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Determination of No Shipments
On October 7, 2022 and January 9, 2023, Vietnam Haiphong timely
filed responses to Commerce's initial and supplemental questionnaires,
in which Vietnam Haiphong reported that it did not sell or export the
merchandise covered by the circumvention inquiry to the United States
during the period of inquiry, January 1, 2017, through December 31,
2021.\8\ Based on the supporting information provided by Vietnam
Haiphong,\9\ we preliminarily determine that Vietnam Haiphong had no
shipments of inquiry merchandise to the United States during the period
of inquiry.
---------------------------------------------------------------------------
\8\ Id. at 2-3.
\9\ Id.
---------------------------------------------------------------------------
Preliminary Circumvention Determination
As detailed in the Preliminary Decision Memorandum, Commerce
preliminarily determines that CWP completed in Vietnam using Korea-
origin HRS and subsequently exported from Vietnam to the United States
is circumventing the Order on a country-wide basis. As a result, in
accordance with section 781(b) of the Act, we preliminarily determine
that this inquiry merchandise should be included within the scope of
the Order. See the ``Suspension of Liquidation and Cash Deposit
Requirements'' section, below, for details regarding suspension of
liquidation and cash deposit requirements. See the ``Certifications''
and ``Certification Requirements for Vietnam'' sections, below, for
details regarding the use of certifications.
Suspension of Liquidation and Cash Deposit Requirements
Based on the preliminary affirmative country-wide determination of
circumvention for Korea, in accordance with 19 CFR 351.226(l)(2), we
will direct U.S. Customs and Border Protection (CBP) to suspend
liquidation and require a cash deposit of estimated duties on
unliquidated entries of CWP completed in Vietnam using Korea-origin
HRS, that were entered, or withdrawn from warehouse, for consumption on
or after August 4, 2022, the date of publication of the initiation of
this circumvention inquiry in the Federal Register.
CWP produced in Vietnam from HRS that is not of Korean origin is
not subject to this inquiry. Therefore, cash deposits are not required
for such merchandise under the Korea Order. However, Commerce
preliminarily finds that CWP completed in Vietnam using the People's
Republic of China (China)-origin HRS is circumventing the AD and
countervailing duty (CVD) orders on CWP from China, and certain welded
carbon steel standard pipes and Tubes (pipe and tube) from India
completed in Vietnam using India-origin HRS is circumventing the AD
order on pipe and tube from India.\10\ Imports of such
[[Page 21991]]
merchandise are subject to certification requirements, and cash
deposits may be required.
---------------------------------------------------------------------------
\10\ See the unpublished Federal Register notices, ``Certain
Circular Welded Non-Alloy Steel Pipe from the People's Republic of
China: Preliminary Affirmative Determination of Circumvention of the
Antidumping and Countervailing Duty Orders,'' and ``Certain Welded
Carbon Steel Standard Pipes and Tubes from India: Preliminary
Affirmative Determination of Circumvention of the Antidumping Duty
Order,'' dated concurrently with this notice.
---------------------------------------------------------------------------
If an importer imports CWP from Vietnam and claims that the CWP was
not produced from Korea-origin HRS, in order to not be subject to the
Korea Order cash deposit requirements, the importer and exporter are
required to meet the certification and documentation requirements
described in the ``Certifications'' and ``Certification Requirements
for Vietnam'' sections, below.
Where no certification is provided for an entry, and AD/CVD orders
from three countries (China, India or Korea) potentially apply to that
entry, Commerce intends to instruct CBP to suspend the entry and
collect cash deposits at the rates applicable to the AD and CVD orders
on CWP from China (i.e., the AD rate established for the China-wide
entity (85.55 percent) and the CVD rate established for all-others
(39.01 percent) under the following third country case numbers: A-552-
009-000 and C-552-009-000.\11\ This is to prevent evasion, given that
the AD/CVD rates established for CWP from China are higher than the AD
rates established for pipe and tube from India and CWP from Korea.
---------------------------------------------------------------------------
\11\ See Notice of Antidumping Duty Order: Circular Welded
Carbon Quality Steel Pipe from the People's Republic of China, 73 FR
42547 (July 22, 2008); and Circular Welded Carbon Quality Steel Pipe
from the People's Republic of China: Notice of Amended Final
Affirmative Countervailing Duty Determination and Notice of
Countervailing Duty Order, 73 FR 42545 (July 22, 2008).
---------------------------------------------------------------------------
Where a certification is provided for the AD/CVD orders on CWP from
China (stating that the merchandise was not produced using China-origin
HRS), but no other certification is provided, then Commerce intends to
instruct CBP to suspend the entry and collect cash deposits at the rate
applicable to the AD order on pipe and tube from India (i.e., the AD
rate established for all-others (7.08 percent)) under the following
third country case number: A-552-012-000.\12\ This is to prevent
evasion, given that the AD rate established for pipe and tube from
India is higher than the AD rate established for CWP from Korea.
---------------------------------------------------------------------------
\12\ See Antidumping Duty Order; Certain Welded Carbon Steel
Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986).
---------------------------------------------------------------------------
To enter inquiry merchandise (CWP produced in Vietnam using Korea-
origin HRS) parties must provide certifications for the AD/CVD orders
on CWP from China (stating that the merchandise was not produced using
China-origin HRS) and for the AD order on pipe and tube from India
(stating that the merchandise was not produced using India-origin HRS).
Commerce established the following third country case number in the
Automated Commercial Environment (ACE) for entries of CWP produced in
Vietnam using Korea-origin HRS: A-552-011-000. Commerce also
established the following company-specific third-country case number
for SeAH Vina, for which Commerce made an affirmative determination of
circumvention, for entries of CWP produced in Vietnam using Korea-
origin HRS: A-552-011-001. The cash deposit rate will be the Korea AD
all-others rate (i.e., 4.80 percent).\13\
---------------------------------------------------------------------------
\13\ See Korea Order.
---------------------------------------------------------------------------
These suspension of liquidation instructions will remain in effect
until further notice.
Certified Entries
Entries for which the importer and exporter have met the
certification requirements described below and in Appendix II to this
notice will not be subject to suspension of liquidation, or the cash
deposit requirements described above. Failure to comply with the
applicable requisite certification requirements may result in the
merchandise being subject to duties.
Certifications
To administer the preliminary country-wide affirmative
determination of circumvention for Vietnam, Commerce established
importer and exporter certifications, which allow companies to certify
that specific entries of CWP from Vietnam are not subject to suspension
of liquidation or the collection of cash deposits pursuant to this
preliminary country-wide affirmative determination of circumvention
because the merchandise is not made with Korea-origin HRS (see Appendix
II to this notice).
Importers and exporters that claim that the entry of CWP is not
subject to suspension of liquidation, or the collection of cash
deposits based on the merchandise not being made with Korea-origin HRS,
must complete the applicable certification and meet the certification
and documentation requirements described below, as well as the
requirements identified in the applicable certification.
Certification Requirements for Vietnam
Importers are required to complete and maintain the applicable
importer certification, and maintain a copy of the applicable exporter
certification, and retain all supporting documentation for both
certifications. With the exception of the entries described below, the
importer certification must be completed, signed, and dated by the time
the entry summary is filed for the relevant entry. The importer, or the
importer's agent, must submit both the importer's certification and the
exporter's certification to CBP as part of the entry process by
uploading them into the document imaging system (DIS) in ACE. Where the
importer uses a broker to facilitate the entry process, the importer
should obtain the entry summary number from the broker. Agents of the
importer, such as brokers, however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete and maintain the applicable
exporter certification and provide the importer with a copy of that
certification and all supporting documentation (e.g., invoice, purchase
order, production records, etc.). With the exception of the entries
described below, the exporter certification must be completed, signed,
and dated by the time of shipment of the relevant entries. The exporter
certification should be completed by the party selling the CWP that was
manufactured in Vietnam to the United States.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce and/or
CBP. Importers and exporters are required to maintain the
certifications and supporting documentation 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.
For all CWP from Vietnam that was entered, or withdrawn from
warehouse, for consumption during the period August 4, 2022 (the date
of initiation of this circumvention inquiry), through the date of
publication of the preliminary determination in the Federal Register,
where the entry has not been liquidated (and entries for which
liquidation has not become final), the relevant certification should be
completed and signed as soon as practicable, but not later than 45 days
after the date of publication of this preliminary determination in the
Federal Register. For such entries, importers and exporters each have
the option to complete a blanket certification covering multiple
entries, individual certifications for each entry, or a combination
thereof. The exporter must provide the importer with a copy of the
exporter certification within 45 days of
[[Page 21992]]
the date of publication of this preliminary determination in the
Federal Register.
For unliquidated entries (and entries for which liquidation has not
become final) of CWP that were declared as non-AD type entries (e.g.,
type 01) and entered, or withdrawn from warehouse, for consumption in
the United States during the period August 4, 2022 (the date of
initiation of these circumvention inquiries), through the date of
publication of the preliminary determination in the Federal Register,
for which none of the above certifications may be made, importers must
file a Post Summary Correction with CBP, in accordance with CBP's
regulations, regarding conversion of such entries from non-AD type
entries to AD type entries (e.g., type 01 to type 03). Importers should
report those AD type entries using the third country cases numbers
identified in the ``Suspension of Liquidation and Cash Deposit
Requirements'' section above. The importer should pay cash deposits on
those entries consistent with the regulations governing post summary
corrections that require payment of additional duties.
If it is determined that an importer and/or exporter has not met
the certification and/or related documentation requirements for certain
entries, Commerce intends to instruct CBP to suspend, pursuant to this
preliminary country-wide affirmative determination of circumvention and
the Order,\14\ all unliquidated entries for which these requirements
were not met and require the importer to post applicable cash deposits
equal to the rates noted above.
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\14\ See Order.
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Interested parties may comment on these certification requirements,
and on the certification language contained in Appendix II to this
notice in their case briefs.
Verification
As provided in 19 CFR 351.307, Commerce may verify information
relied upon in making its final determination.
Public Comment
Case briefs or other written comments should be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than seven days after the deadline for case
briefs.\15\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) a statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\16\
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\15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\16\ See 19 CFR 351.309(c)(2)(d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined.
All submissions should be filed electronically via ACCESS.\17\
Alternative arrangements for manual filings must be made by contacting
the official in charge at least 72 hours before the deadline. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\18\
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\17\ See 19 CFR 351.303.
\18\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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U.S. International Trade Commission Notification
Commerce, consistent with section 781(e) of the Act, will notify
the U.S. International Trade Commission (ITC) of this preliminary
determination to include the merchandise subject to this circumvention
inquiry within the Order. Pursuant to section 781(e) of the Act, the
ITC may request consultations concerning Commerce's proposed inclusion
of the inquiry merchandise. If, after consultations, the ITC believes
that a significant injury issue is presented by the proposed inclusion,
it will have 60 days from the date of notification by Commerce to
provide written advice.
Notification to Interested Parties
This determination is issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.226(g)(1).
Dated: April 6, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Surrogate Country and Methodology for Valuing Factors of
Production from Non-Market Economy Sources
VII. Statutory and Regulatory Framework for a Circumvention Inquiry
VIII. Analysis of Statutory Criteria for the Circumvention Inquiry
IX. Summary of Analysis
X. Verification
XI. Certification Process and Country-Wide Affirmative Determination
of Circumvention
XII. Recommendation
Appendix II
1. Certifications
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
certain circular welded non-alloy steel pipe (CWP) 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 CWP, including the
exporter's and/or foreign seller's identity and location;
C. If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The CWP 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} ;
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
D. The CWP covered by this certification was shipped to {NAME OF
PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED{time} .
E. 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
[[Page 21993]]
exporter) from the producer regarding the source of hot-rolled steel
(HRS) used to produce the imported CWP);
F. 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 HRS:
Producer:
Producer's Address:
G. The CWP covered by this certification does not contain HRS
produced in Korea;
H. 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.) until the
later of: (1) the date that is five years after the date of the
latest entry covered by the certification; or (2) the date that is
three years after the conclusion of any litigation in the United
States courts regarding such entries;
I. I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of the exporter's certification (attesting to the
production and/or exportation of the imported merchandise identified
above), and any supporting documentation provided to the importer by
the exporter, until the later of: (1) the date that is five years
after the date of the latest entry 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;
J. I understand that {IMPORTING COMPANY{time} is required to
provide U.S. Customs and Border Protection (CBP) and/or the U.S.
Department of Commerce (Commerce) with the importer certification,
and any supporting documentation, and a copy of the exporter's
certification, and any supporting documentation provided to the
importer by the exporter, upon request of either agency;
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, 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 entries to which this certification applies
are within the scope of the antidumping duty (AD) order on CWP from
Korea. I understand that such finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the cash deposits
determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
M. I understand that agents of the importer, such as brokers,
are not permitted to make this certification;
This certification was completed and signed on, or prior to, the
date of the entry summary if the entry date is more than 14 days
after the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed 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 material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
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{time} 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 certain circular welded non-alloy
steel pipe (CWP) 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 CWP covered by this certification was shipped to {NAME OF
PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED{time} ;
D. The CWP covered by this certification does not contain HRS
produced in Korea;
E. This certification applies to the following sales to {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Producer Name:
Producer's Address:
Producer's Invoice # to Foreign Seller: (If the foreign seller
and the producer are the same party, put NA here.)
Name of Producer of HRS:
Location (Country) of Producer of HRS:
F. The CWP covered by this certification was shipped to {NAME OF
U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} , located at {U.S.
ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES{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.) until the later of: (1) the date that is
five years after the latest date of the entries covered by the
certification; or (2) the date that is three years after the
conclusion of any litigation in the United States courts regarding
such entries;
H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES{time} 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 this certification, and any supporting
documents, upon request of either agency;
I. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
J. I understand that failure to maintain the required
certification and 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
within the scope of the antidumping duty order on CWP from Korea. I
understand that such a finding will result in:
(i) suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met;
(ii) the importer being required to post the cash deposits
determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate
in the certification process.
K. I understand that agents of the seller/exporter, such as
freight forwarding companies or brokers, are not permitted to make
this certification.
L. 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 more than 14 days 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 14th day after the date of
publication of the notice of Commerce's 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; and
M. 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.
[[Page 21994]]
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
[FR Doc. 2023-07708 Filed 4-11-23; 8:45 am]
BILLING CODE 3510-DS-P
