Circular Welded Carbon Quality Steel Pipe From the People's Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders, 21975-21979 [2023-07726]

Download as PDF Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, dolomite lime, and colemanite.5 The merchandise subject to this Order is classifiable under items 8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Final Determination of No Shipments In the Preliminary Results, Commerce determined that TMI and TMM had no shipments of subject merchandise to the United States during the POR.6 As noted in the Preliminary Results, we received no-shipment statements from TMI and TMM,7 and the statements were consistent with the information we received from U.S. Customs and Border Protection (CBP).8 Because Commerce did not receive any comments on its preliminary finding, Commerce continues to find that TMI and TMM did not have any shipments of subject merchandise during the POR. ddrumheller on DSK120RN23PROD with NOTICES1 Assessment Rates Based on record evidence, we have determined that TMI and TMM had no shipments of subject merchandise during the POR, and, therefore, pursuant to Commerce’s assessment practice, any suspended entries entered under their case numbers will be liquidated at the China-wide entity rate.9 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. 5 This third exclusion for magnesium-based reagent mixtures is based on the exclusion for reagent mixtures in the 2000–2001 investigations of magnesium from China, Israel, and Russia. See Final Determination of Sales at Less Than Fair Value: Pure Magnesium in Granular Form from the People’s Republic of China, 66 FR 49345 (September 27, 2001); see also Final Determination of Sales at Less Than Fair Value: Pure Magnesium from Israel, 66 FR 49349 (September 27, 2001); and Final Determination of Sales at Not Less Than Fair Value: Pure Magnesium from the Russian Federation, 66 FR 49347 (September 27, 2001). These mixtures are not magnesium alloys, because they are not combined in liquid form and cast into the same ingot. 6 See Preliminary Results, 87 FR at 78049. 7 Id. 8 See Memorandum, ‘‘Release of U.S. Customs and Border Protection Data,’’ dated July 5, 2022, at Attachments 1–3. We note that CBP did not respond to our no-shipment inquiry in Attachment with any contrary information by the expiration of the 10-day deadline. 9 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). VerDate Sep<11>2014 19:25 Apr 11, 2023 Jkt 259001 Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) for previously investigated or reviewed Chinese and non-Chinese exporters that received a separate rate in a prior segment of this proceeding, including TMI, the cash deposit rate will continue to be the existing exporter-specific rate; (2) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, including TMM, the cash deposit rate will be the China-wide rate of 141.49 percent; 10 and (3) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter(s) that supplied that non-Chinese exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protection Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return of destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the term of an APO is a sanctionable violation. 10 See PO 00000 Order. Frm 00015 Fmt 4703 Sfmt 4703 21975 Notification to Interested Parties This notice is issued and published in accordance with sections 751(a) and 777(i) of the Act, and 19 CFR 351.213(h). Dated: April 5, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–07624 Filed 4–11–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–910, C–570–911] Circular Welded Carbon Quality Steel Pipe From the People’s Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that imports of circular welded carbon quality steel pipe (CWP), completed in the Socialist Republic of Vietnam (Vietnam) using hot-rolled steel (HRS) produced in the People’s Republic of China (China), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on CWP from China. DATES: Applicable April 12, 2023. FOR FURTHER INFORMATION CONTACT: Krisha Hill, 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) 482–4037. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 22, 2008, Commerce published in the Federal Register the AD and CVD orders on CWP from China.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 China are 1 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) (collectively, Orders or China Orders). E:\FR\FM\12APN1.SGM 12APN1 21976 Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices circumventing the Orders.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 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 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 as an 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. Scope of the Orders The products covered by the Orders include certain welded carbon quality steel pipes and tubes, of circular crosssection, and with an outside diameter of 0.372 inches or more, but not more than 16 inches. For a full description of the scope of the Orders, see the Preliminary Decision Memorandum.7 Preliminary Determination of No Shipments Merchandise Subject to the Circumvention Inquiry This circumvention inquiry covers CWP completed in Vietnam using China-origin HRS and subsequently exported from Vietnam to the United States (inquiry merchandise). ddrumheller on DSK120RN23PROD with NOTICES1 Methodology Commerce is conducting this circumvention inquiry in accordance Preliminary Circumvention Determination 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,’’ 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 and Countervailing Duty Orders,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 7 Id. at 5–6. VerDate Sep<11>2014 19:25 Apr 11, 2023 Jkt 259001 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, i.e., 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. As detailed in the Preliminary Decision Memorandum, Commerce preliminarily determines that CWP completed in Vietnam using Chinaorigin HRS and subsequently exported from Vietnam to the United States is circumventing the Orders on a countrywide basis. As a result, in accordance with section 781(b) of the Act, we preliminarily determine that this merchandise should be included within the scope of the Orders. 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. 8 Id. at 2–3. 9 Id. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Suspension of Liquidation and Cash Deposit Requirements Based on the preliminary affirmative country-wide determination of circumvention for China, 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 Chinaorigin 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 China origin is not subject to this inquiry. Therefore, cash deposits are not required for such merchandise under the China Orders. However, Commerce preliminarily finds that CWP completed in Vietnam using Republic of Korea (Korea)-origin HRS is circumventing the AD order on CWP from Korea, and certain welded carbon steel standard pipes and tubes (pipe and tube) completed in Vietnam using Indiaorigin HRS is circumventing the AD order on pipe and tube from India.10 Imports of such 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 China-origin HRS, in order to not be subject to the China Orders 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–552–010–000).11 This is 10 See the unpublished Federal Register notices, ‘‘Certain Welded Carbon Steel Standard Pipes and Tubes from India: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order,’’ and ‘‘Certain Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order,’’ dated concurrently with this notice. 11 See Orders. E:\FR\FM\12APN1.SGM 12APN1 Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices to prevent evasion, given that the AD rate established for CWP from China is 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. Commerce established the following third country case number in the Automated Commercial Environment (ACE) for entries of CWP produced in Vietnam using China-origin HRS: A– 552–009–000 and C–552–010–000 with cash deposit rates of 85.55 percent and 39.01 percent, respectively.13 Commerce established the following companyspecific third country case numbers for SeAH VINA, for which Commerce made an affirmative determination of circumvention, for entries of CWP produced in Vietnam using China-origin HRS: A–552–009–001 and C–552–010– 001. The cash deposit rates for SeAH VINA will be the China-wide entity AD rate (i.e., 85.55 percent) and the China CVD all-others rate (i.e., 39.01 percent), respectively.14 The suspension of liquidation instructions will remain in effect until further notice. ddrumheller on DSK120RN23PROD with NOTICES1 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 affirmative country-wide determination of circumvention for Vietnam, Commerce established importer and exporter certifications, which allow companies to certify that specific entries 12 See Antidumping Duty Order; Certain Welded Carbon Steel Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986). 13 See Orders. 14 Id. VerDate Sep<11>2014 19:25 Apr 11, 2023 Jkt 259001 of CWP from Vietnam are not subject to suspension of liquidation or the collection of cash deposits pursuant to this preliminary affirmative countrywide determination of circumvention because the merchandise is not made with China-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 because the merchandise is not made with Chinaorigin 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 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 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 21977 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 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 or non-CVD 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 or non-CVD type entries to AD or CVD type entries (e.g., type 01 to type 03). Importers should report those AD or CVD type entries using the third country case 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 affirmative country-wide determination of circumvention and the E:\FR\FM\12APN1.SGM 12APN1 21978 Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices Orders,15 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. ddrumheller on DSK120RN23PROD with NOTICES1 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.16 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.17 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.18 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.19 15 See Orders. 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 17 See 19 CFR 351.309(c)(2)(d)(2). 18 See 19 CFR 351.303. 19 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 16 See VerDate Sep<11>2014 19:25 Apr 11, 2023 Jkt 259001 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 Orders. 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 Orders 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 and Processing in Vietnam VII. Surrogate Country and Methodology for Valuing Factors of Production from NonMarket Economy Sources and Processing in China VIII. Statutory and Regulatory Framework for a Circumvention Inquiry IX. Analysis of Statutory Criteria for the Circumvention Inquiry X. Summary of Analysis XI. Verification XII. Certification Process and Country-Wide Affirmative Determination of Circumvention XIII. 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 circular welded carbon quality 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 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 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 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 China; 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. E:\FR\FM\12APN1.SGM 12APN1 Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 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) and countervailing duty (CVD) orders on CWP 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} {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 circular welded carbon VerDate Sep<11>2014 19:25 Apr 11, 2023 Jkt 259001 quality 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 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 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}; 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 and countervailing duty orders on CWP from China. I understand that such a finding will result in: (i) suspension of all unliquidated entries (and entries for which liquidation has not PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 21979 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. 2023–07726 Filed 4–11–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–828, A–557–809, A–565–801] Stainless Steel Butt-Weld Pipe Fittings From Italy, Malaysia, and the Philippines: Continuation of Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on stainless steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD orders. DATES: Applicable April 12, 2023. FOR FURTHER INFORMATION CONTACT: Emily Bradshaw, AD/CVD Operations, AGENCY: E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 21975-21979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07726]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-910, C-570-911]


Circular Welded Carbon Quality Steel Pipe From the People's 
Republic of China: Preliminary Affirmative Determination of 
Circumvention of the Antidumping Duty and Countervailing Duty Orders

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that imports of circular welded carbon quality steel pipe 
(CWP), completed in the Socialist Republic of Vietnam (Vietnam) using 
hot-rolled steel (HRS) produced in the People's Republic of China 
(China), are circumventing the antidumping duty (AD) and countervailing 
duty (CVD) orders on CWP from China.

DATES: Applicable April 12, 2023.

FOR FURTHER INFORMATION CONTACT: Krisha Hill, 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) 482-4037.

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 2008, Commerce published in the Federal Register the AD 
and CVD orders on CWP from China.\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 China 
are

[[Page 21976]]

circumventing the Orders.\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 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) (collectively, Orders or China 
Orders).
    \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,'' 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 and Countervailing 
Duty Orders,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by the Orders include certain welded carbon 
quality steel pipes and tubes, of circular cross-section, and with an 
outside diameter of 0.372 inches or more, but not more than 16 inches. 
For a full description of the scope of the Orders, see the Preliminary 
Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ Id. at 5-6.
---------------------------------------------------------------------------

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers CWP completed in Vietnam using 
China-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 as an 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, i.e., 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 China-
origin HRS and subsequently exported from Vietnam to the United States 
is circumventing the Orders on a country-wide basis. As a result, in 
accordance with section 781(b) of the Act, we preliminarily determine 
that this merchandise should be included within the scope of the 
Orders. 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 China, 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 China-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 China origin is not 
subject to this inquiry. Therefore, cash deposits are not required for 
such merchandise under the China Orders. However, Commerce 
preliminarily finds that CWP completed in Vietnam using Republic of 
Korea (Korea)-origin HRS is circumventing the AD order on CWP from 
Korea, and certain welded carbon steel standard pipes and tubes (pipe 
and tube) completed in Vietnam using India-origin HRS is circumventing 
the AD order on pipe and tube from India.\10\ Imports of such 
merchandise are subject to certification requirements, and cash 
deposits may be required.
---------------------------------------------------------------------------

    \10\ See the unpublished Federal Register notices, ``Certain 
Welded Carbon Steel Standard Pipes and Tubes from India: Preliminary 
Affirmative Determination of Circumvention of the Antidumping Duty 
Order,'' and ``Certain Circular Welded Non-Alloy Steel Pipe from the 
Republic of Korea: 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 China-origin HRS, in order to not be subject to the 
China Orders 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-552-010-000).\11\ This is

[[Page 21977]]

to prevent evasion, given that the AD rate established for CWP from 
China is higher than the AD rates established for pipe and tube from 
India and CWP from Korea.
---------------------------------------------------------------------------

    \11\ See Orders.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    Commerce established the following third country case number in the 
Automated Commercial Environment (ACE) for entries of CWP produced in 
Vietnam using China-origin HRS: A-552-009-000 and C-552-010-000 with 
cash deposit rates of 85.55 percent and 39.01 percent, 
respectively.\13\ Commerce established the following company-specific 
third country case numbers for SeAH VINA, for which Commerce made an 
affirmative determination of circumvention, for entries of CWP produced 
in Vietnam using China-origin HRS: A-552-009-001 and C-552-010-001. The 
cash deposit rates for SeAH VINA will be the China-wide entity AD rate 
(i.e., 85.55 percent) and the China CVD all-others rate (i.e., 39.01 
percent), respectively.\14\
---------------------------------------------------------------------------

    \13\ See Orders.
    \14\ Id.
---------------------------------------------------------------------------

    The 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 affirmative country-wide 
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 affirmative country-wide determination of circumvention 
because the merchandise is not made with China-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 
because the merchandise is not made with China-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 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 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 or non-CVD 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 or non-CVD type entries to AD or CVD type entries (e.g., type 01 to 
type 03). Importers should report those AD or CVD type entries using 
the third country case 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 affirmative country-wide determination of circumvention and 
the

[[Page 21978]]

Orders,\15\ 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.
---------------------------------------------------------------------------

    \15\ See Orders.
---------------------------------------------------------------------------

    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.\16\ 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.\17\
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \17\ See 19 CFR 351.309(c)(2)(d)(2).
---------------------------------------------------------------------------

    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.\18\ 
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.\19\
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.303.
    \19\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

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 Orders. 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 Orders
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 and Processing in Vietnam
VII. Surrogate Country and Methodology for Valuing Factors of 
Production from Non-Market Economy Sources and Processing in China
VIII. Statutory and Regulatory Framework for a Circumvention Inquiry
IX. Analysis of Statutory Criteria for the Circumvention Inquiry
X. Summary of Analysis
XI. Verification
XII. Certification Process and Country-Wide Affirmative 
Determination of Circumvention
XIII. 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 
circular welded carbon quality 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 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 China;
    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.

[[Page 21979]]

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) and countervailing 
duty (CVD) orders on CWP 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{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{time} ; located at {ADDRESS OF FOREIGN COMPANY THAT 
MADE THE SALE TO THE UNITED STATES{time} ;
    B. I have direct personal knowledge of the facts regarding the 
production and exportation of the circular welded carbon quality 
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 China;
    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 and countervailing duty 
orders on CWP 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{time} 
{TITLE OF COMPANY OFFICIAL{time} 
{DATE{time} 

[FR Doc. 2023-07726 Filed 4-11-23; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.