Certain Hardwood Plywood Products From the People's Republic of China: Final Scope Determination and Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders, 46740-46744 [2023-15431]
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Federal Register / Vol. 88, No. 138 / Thursday, July 20, 2023 / Notices
Dated: July 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–15392 Filed 7–19–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–051, C–570–052]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Final Scope Determination and
Affirmative Final Determination of
Circumvention of the Antidumping and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of certain hardwood plywood
products (hardwood plywood),
completed in the Socialist Republic of
Vietnam (Vietnam) using plywood
inputs and components (face veneer,
back veneer, and/or either an assembled
core or individual core veneers)
manufactured in the People’s Republic
of China (China), are circumventing the
antidumping duty (AD) and
countervailing duty (CVD) orders on
hardwood plywood from China.
DATES: Applicable July 20, 2023.
FOR FURTHER INFORMATION CONTACT:
Rachel Jennings, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1110.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
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On July 29, 2022, Commerce
published the preliminary
determination 1 for the circumvention
and scope inquiries of the AD and CVD
orders on hardwood plywood from
China which were assembled in
Vietnam using hardwood plywood
inputs sourced from China.2 We invited
1 See Certain Hardwood Plywood Products from
the People’s Republic of China: Preliminary Scope
Determination and Affirmative Preliminary
Determination of the Antidumping and
Countervailing Duty Orders, 87 FR 45753 (July 29,
2022) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
2 See Certain Hardwood Plywood Products from
the People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 83 FR 504 (January
4, 2018); and Certain Hardwood Plywood Products
from the People’s Republic of China: Countervailing
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parties to comment on the Preliminary
Determination. A summary of events
that occurred since Commerce
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.3 Commerce conducted
this scope inquiry in accordance with
19 CFR 351.225(c) and (h), and this
circumvention inquiry in accordance
with section 781(b) of the Tariff Act of
1930, as amended (the Act).
Scope of the Orders
The merchandise covered by the
scope of these Orders is hardwood
plywood and decorative plywood from
China. A complete description of the
scope of the Orders is contained in the
Issues and Decision Memorandum.4
Merchandise Subject To Scope and
Circumvention Inquiries
These scope and circumvention
inquiries cover hardwood plywood
exported to the United States that was
completed in Vietnam using: (1) face/
back veneers and assembled core
components (e.g., veneer core platforms)
manufactured in China; (2) fully
assembled veneer core platforms
manufactured in China and face/back
veneer produced in Vietnam or third
countries; (3) multi-ply panels of glued
core veneers manufactured in China and
combined in Vietnam to produce veneer
core platforms and combined with
either face and/or back veneer produced
in China, Vietnam, or a third country;
(4) face/back veneers and individual
core veneers produced in China; and (5)
individual core veneers manufactured
in China and processed into a veneer
core platform 5 in Vietnam and
combined with face/back veneer
produced in Vietnam or a third country.
Methodology
Commerce made these final
circumvention findings in accordance
with section 781(b) of the Act and 19
Duty Order, 83 FR 513 (January 4, 2018)
(collectively, Orders).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for Circumvention and Scope
Inquiries of the Antidumping Duty and
Countervailing Duty Orders on Certain Hardwood
Plywood Products from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
4 Id.
5 A veneer core platform is defined as two or more
wood veneers that form the core of an otherwise
completed hardwood plywood product (i.e., a
hardwood plywood product to which the outer
(face and back) veneers have not yet been affixed).
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CFR 351.225(g).6 In the Preliminary
Determination, we relied on information
placed on the record by the Coalition for
Fair Trade in Hardwood Plywood and
the Government of Vietnam, and
information we placed on the record.
We also relied on the facts available
under section 776(a) of the Act,
including facts available with adverse
inferences under section 776(b) of the
Act, where appropriate. In particular,
we requested information from
numerous companies in Vietnam in
conducting these inquiries. While we
received responses from the majority of
these companies, several companies
failed to respond to our initial quantity
and value (Q&V) questionnaire and/or a
supplemental Q&V questionnaire and
additional companies provided
information that either contained
significant discrepancies and
inconsistencies or was misleading.7
Therefore, we preliminarily found that
these companies withheld information,
failed to provide information by the
deadline or in the form and manner
requested, and significantly impeded
these inquiries. Thus, we found that
they failed to cooperate to the best of
their abilities; thereby, we have used
adverse inferences when selecting from
among the facts otherwise available on
the record for certain aspects of the
Preliminary Determination, pursuant to
sections 776(a) and (b) of the Act. After
considering comments from interested
parties, for this final determination, we
have determined, based on adverse
inferences, that 37 companies produce
hardwood plywood under all five of the
production scenarios subject to these
inquiries. Additionally, we determine
that these 37 companies 8 are precluded
from participating in the certification
program we established for applicable
exports of hardwood plywood from
Vietnam. For a full description of the
methodology underlying the final
6 Commerce significantly revised its scope
regulations on September 20, 2021, with an
effective date of November 4, 2021. See Regulations
to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR
52300 (September 20, 2021). The amendments to 19
CFR 351.225 apply to scope inquiries for which a
scope ruling application is filed, as well as any
scope inquiry self-initiated by Commerce, on or
after November 4, 2021. The newly promulgated 19
CFR 351.226 applies to circumvention inquiries for
which a circumvention request is filed, as well as
any circumvention inquiry self-initiated by
Commerce, on or after November 4, 2021. We note
that these scope and circumvention inquiries were
initiated prior to the effective date of the new
regulations, and, thus, any reference to the
regulations is to the prior version of the regulations.
7 See Preliminary Determination, 87 FR at
Appendix V for a list of companies that either failed
to respond to our requests for information or
provided unreliable information.
8 Id.
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determination, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in these
inquiries are addressed in the Issues and
Decision Memorandum. A list of the
issues raised is attached to this notice as
Appendix I. The Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
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Final Scope Ruling
As detailed in the Issues and Decision
Memorandum, we are revising the
preliminary scope ruling and find that
products produced under scenarios one,
two, and three, are not covered by the
scope of the Orders.
Final Affirmative Circumvention
Determination
As detailed in the Issues and Decision
Memorandum, we have modified the
preliminary circumvention
determination for this final
determination. In the Preliminary
Determination, we found products
produced under scenarios four and five
to be circumventing the Orders. For this
final determination, we find that
products produced under all five of the
production scenarios subject to these
inquiries are circumventing the Orders.
Accordingly, we determine, pursuant to
section 781(b) of the Act and 19 CFR
351.225(g), that imports of hardwood
plywood completed in Vietnam are
circumventing the Orders. Additionally,
as discussed in the Issues and Decision
Memorandum,9 we are expanding the
period of the ongoing administrative
reviews to also include the earliest entry
from Vietnam suspended as a result of
our Preliminary Determination through
December 31, 2021. We are also
allowing interested parties an
opportunity to request a review of their
entries of hardwood plywood exported
from Vietnam and entered during this
expanded period of review (i.e., the
earliest entry from Vietnam suspended
as a result of our Preliminary
Determination through December 31,
2022). Commerce hereby notifies
interested parties that requests for
9 See Issues and Decision Memorandum at
Comment 13.
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reviews for entries made during this
period are due 14 days after the
publication of this final determination
in the Federal Register notice. We made
certain changes to the certification
program regarding certain companies’
eligibility to participate. These changes
are also discussed in the Issues and
Decision Memorandum.
Continuation of Suspension of
Liquidation
As a result of this determination, and
consistent with 19 CFR 351.225(l)(3), we
will instruct CBP to continue to suspend
the liquidation and require a cash
deposit of estimated duties, at the
applicable rates, on entries that are
entered, or withdrawn from warehouse,
for consumption on or after June 17,
2020, the date of publication of
initiation of these inquiries in the
Federal Register.10
Hardwood plywood assembled in
Vietnam under scenarios other than the
five production scenarios identified
above are not subject to these inquiries.
Therefore, cash deposits are not
required for such merchandise, subject
to the following certification
requirements.11 The non-cooperative
exporters listed in Appendix V are not
eligible to participate in this
certification program.12 Accordingly,
CBP shall suspend the entry and collect
cash deposits for entries of merchandise
produced and/or exported by these noncooperative companies at the AD rate
established for the China-wide entity
(183.36 percent) and the CVD rate
established for all other Chinese
producers and/or exporters (22.98
percent), pursuant to the Orders.
In the situation where no certification
is provided for an entry, Commerce
intends to instruct CBP to suspend
liquidation of the entry and collect cash
deposits at the rates applicable under
the Orders (i.e., the AD rate established
for the China-wide entity (183.36
percent) and the CVD rate established
for all-other Chinese producers/
exporters (22.98 percent)).13
Certification Requirements
If an exporter of hardwood plywood
assembled in Vietnam claims that its
hardwood plywood was not produced
using any of the Chinese hardwood
plywood input scenarios subject to
these inquiries, it must prepare and
maintain an exporter certification and
Initiation Notice.
Appendix II for the certification
requirements and Appendix III for the importer
certification.
12 See, e.g., Issues and Decision Memorandum at
Comments 7–11.
13 See Orders.
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10 See
11 See
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documentation supporting the exporter
certification (see Appendix IV). In
addition, importers of such hardwood
plywood must prepare and maintain an
importer certification (see Appendix III)
as well as documentation to support the
importer certification. Besides the
importer certification, the importer must
also maintain a copy of the exporter
certification (see Appendix IV), and
relevant supporting documentation from
the exporter of the hardwood plywood
assembled in Vietnam that was not
produced using any of the Chinese
hardwood plywood input scenarios
subject to these inquiries.
Administrative Protective Order
This notice will serve as the only
reminder to all parties subject to an
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and
published in accordance with section
781(b) of the Act and 19 CFR 351.225(f).
Dated: July 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Scope and Circumvention
Inquiries
V. Changes Since the Preliminary
Determination
VI. Discussion of the Issues
Comment 1: Whether Commerce’s
Circumvention Inquiry Was Procedurally
Flawed
Comment 2: Whether Assembly in Vietnam
Is Minor or Insignificant
Comment 3: Whether Pattern of Trade
Information Supports an Affirmative
Determination
Comment 4: Whether There Is Record
Evidence that Supports an Affirmative
Determination
Comment 5: Whether Commerce Properly
Rejected Untimely Filed New Factual
Information (NFI)
Comment 6: Whether Commerce Properly
Found Discrepancies, Errors, and
Inconsistencies in Responses
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Comment 7: Whether Commerce Properly
Applied Adverse Facts Available (AFA)
to Non-Responsive Companies
Comment 8: Whether Commerce’s Reliance
on AFA for Certain Companies Is
Supported by Substantial Evidence
Comment 9: Whether Commerce Should
Apply AFA to Cam Lam Vietnam Joint
Stock Company (Cam Lam)
Comment 10: Whether Commerce Should
Apply AFA to Certain Other Verified
Companies
Comment 11: Whether Commerce Should
Apply AFA to TL Trung Viet Company
Limited (TL Trung) and VVAT Company
Limited (VVAT)
Comment 12: Whether Commerce Should
Revise its Customs Instructions and
Certification Program to Exclude
Merchandise
Comment 13: How Commerce Should
Address Procedural and Equity Concerns
Comment 14: Whether Commerce Should
Apply a Negative Determination to
Certain Companies
Comment 15: Whether Commerce’s
Certification Decision Expands the Scope
of these Inquiries
VII. Recommendation
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Appendix II
Certification Requirements
If an importer imports certain hardwood
plywood products (hardwood plywood) from
Vietnam and claims that the hardwood
plywood was not produced using plywood
inputs and components (face veneer, back
veneer, and/or either an assembled core or
individual core veneers) manufactured in the
People’s Republic of China (China), the
importer is required to complete and
maintain the importer certification attached
hereto as Appendix III and all supporting
documentation. Where the importer uses a
broker to facilitate the entry process, it
should obtain the entry summary number
from the broker. Agents of the importer, such
as brokers, however, are not permitted to
make this certification on behalf of the
importer.
The exporter of such merchandise is
required to complete and maintain the
exporter certification, attached as Appendix
IV, and is further required to provide the
importer a copy of that certification and all
supporting documentation. The party that
made the sale to the United States should fill
out the exporter certification.
The deadline to submit certifications for
unliquidated entries on or after June 17,
2020, and until August 28, 2022 is thirty days
after the deadline for this final
determination, i.e., August 14, 2023.14 For all
such entries, exporters and importers should
use the appropriate certifications provided in
the appendices to the Preliminary
Determination. As explained in the
Preliminary Determination at Appendix II,
14 See, e.g., Certain Hardwood Plywood Products
from the People’s Republic of China: Preliminary
Scope Determination and Affirmative Preliminary
Determination of Circumvention of the
Antidumping and Countervailing Duty Orders;
Extension of Deadline to Certify Certain Entries, 87
FR 75231 (December 8, 2022).
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for entries after August 28, 2022, through the
date of publication of this notice in the
Federal Register, for which certifications are
required, importers should have completed
the required certification at or prior to the
date of entry summary, and exporters should
have completed the required certification and
provided it to the importer at or prior to the
date of shipment. Such certifications were
included as appendices to the Preliminary
Determination.
For entries on or after the date of
publication of this notice in the Federal
Register, for which certifications are
required, importers should complete the
required certification at or prior to the date
of entry summary, and exporters should
complete the required certification and
provide it to the importer at or prior to the
date of shipment. Such certifications are
included as appendices to this notice.
The importer and exporter are also
required to maintain sufficient
documentation supporting their
certifications. The importer will not be
required to submit the certifications or
supporting documentation to U.S. Customs
and Border Protection (CBP) as part of the
entry process at this time. However, the
importer and the exporter will be required to
present the certifications and supporting
documentation to Commerce and/or CBP, as
applicable, upon request by the respective
agency. Additionally, the claims made in the
certifications and any supporting
documentation are subject to verification by
Commerce and/or CBP. The importer and
exporter are required to maintain the
certifications and supporting documentation
for the later of: (1) a period of five years from
the date of entry or (2) a period of three years
after the conclusion of any litigation in
United States courts regarding such entries.
In the situation where no certification is
maintained for an entry, and AD/CVD orders
on hardwood plywood from China
potentially apply to that entry, Commerce
intends to instruct CBP to continue to
suspend the entry and collect cash deposits
at the rate applicable under the Orders (i.e.,
the AD rate established for the China-wide
entity (183.36 percent) and the CVD rate
established for all-other Chinese producers/
exporters (22.98 percent)).
Appendix III
Importer Certification
I hereby certify that:
(A) My name is {IMPORTING COMPANY
OFFICIAL’S NAME} and I am an official of
{NAME OF IMPORTING COMPANY},
located at {ADRESS OF IMPORTING
COMPANY}.
(B) I have direct personal knowledge of the
facts regarding the importation into the
Customs territory of the United States of the
hardwood plywood completed in Vietnam
that entered under entry summary number(s),
identified below, and are covered by this
certification. ‘‘Direct personal knowledge’’
refers to facts the certifying party is expected
to have in its own records. For example, the
importer should have ‘‘direct personal
knowledge’’ of the importation of the product
(e.g., the name of the exporter) in its records;
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(C) I have personal knowledge of the facts
regarding the production of the imported
products covered by this certification.
‘‘Personal knowledge’’ includes facts
obtained from another party, (e.g.,
correspondence received by the importer (or
exporter) from the producer regarding the
source of the hardwood plywood inputs used
to produce the imported products);
(D) This certification applies to the
following entries (repeat this block as many
times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller’s Address:
Foreign Seller’s Invoice #:
Foreign Seller’s Invoice Line Item #:
Country of Origin of core veneers/veneered
panels/veneer core platforms:
(E) The hardwood plywood completed in
Vietnam was not produced under any of the
production scenarios subject to these
certifications:
1. Face veneer, back veneer, and assembled
core components (e.g., veneer core platforms
(see note below)) manufactured in China and
assembled in Vietnam;
2. Fully assembled veneer core platforms
manufactured in China that are combined in
Vietnam with face and/or back veneers
produced in Vietnam or third countries;
3. Multi-ply panels of glued core veneers
manufactured in China that are combined in
Vietnam to produce veneer core platforms
and combined with either a face and/or back
veneer produced in China, Vietnam, or a
third country;
4. Face veneer, back veneer, and individual
core veneers produced in China and
assembled into hardwood plywood in
Vietnam; and
5. Individual core veneers manufactured in
China and processed into a veneer core
platform in Vietnam and combined with a
face and/or back veneer produced in Vietnam
or other third country.
Note: A veneer core platform is defined as
two or more wood veneers that form the core
of an otherwise completed hardwood
plywood product (i.e., a hardwood plywood
product to which the outer (face and back)
veneers have not yet been affixed).
(F) 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, production records, invoices,
USDA Plant and Plant Product Declaration
Form etc.) for the later of: (1) a period of five
years from the date of entry; or (2) a period
of three years after the conclusion of any
litigation in the United States courts
regarding such entries;
(G) I understand that {IMPORTING
COMPANY} is required to provide this
certification and supporting records, upon
request, to U.S. Customs and Border
Protection (CBP) and/or the Department of
Commerce (Commerce);
(H) I understand that {IMPORTING
COMPANY} is required to maintain a copy
of the exporter’s certification (attesting to the
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production and/or export of the imported
merchandise identified above) and
supporting documentation, for the later of:
(1) a period of five years from the date of
entry; or (2) a period of three years after the
conclusion of any litigation in United States
courts regarding such entries;
(I) I understand that {IMPORTING
COMPANY} is required to maintain and
provide a copy of the exporter’s certification
and supporting documentation, upon
request, to CBP and/or Commerce;
(J) I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce;
(K) I understand that failure to maintain
the required certification and supporting
documentation and/or failure to substantiate
the claims made herein and/or failure to
allow CBP and/or Commerce to verify the
claims made herein, may result in a de facto
determination that all entries to which this
certification applies are within the scope of
the antidumping duty (AD)/countervailing
duty (CVD) orders on hardwood plywood
from China. I understand that such finding
will result in:
Æ suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
Æ the requirement that the importer post
applicable AD and/or CVD cash deposits (as
appropriate) equal to the rates determined by
Commerce; and
Æ the revocation of {NAME OF
IMPORTING COMPANY}’s privilege to
certify that future imports of hardwood
plywood are not produced under any of the
production scenarios subject to these
certifications.
(L) I understand that agents of the
importer, such as brokers, are not permitted
to make this certification;
(M) This certification was completed by
the time of filing the entry summary; and
(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}
{DATE}
Appendix IV
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Exporter Certification
I hereby certify that:
(A) My name is {COMPANY OFFICIAL’S
NAME} and I am an official of {NAME OF
EXPORTING COMPANY}, located at
{ADDRESS OF EXPORTING COMPANY}.
(B) I have direct personal knowledge of the
facts regarding the production and
exportation to the Customs territory of the
United States of the hardwood plywood
identified below. ‘‘Direct personal
knowledge’’ refers to facts the certifying party
is expected to have in its own books and
records. For example, an exporter should
have ‘‘direct personal knowledge’’ of the
producer’s identity and location;
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(C) The hardwood plywood completed in
Vietnam was not produced under any of the
following production scenarios:
1. Face veneer, back veneer, and assembled
core components (e.g., veneer core platforms
(see note below) manufactured in China and
assembled in Vietnam;
2. Fully assembled veneer core platforms
manufactured in China that are combined in
Vietnam with face and/or back veneers
produced in Vietnam or third countries;
3. Multi-ply panels of glued core veneers
manufactured in China that are combined in
Vietnam to produce veneer core platforms
and combined with either a face and/or back
veneer produced in China, Vietnam, or a
third country;
4. Face veneer, back veneer, and individual
core veneers produced in China and
assembled into hardwood plywood in
Vietnam; and
5. Individual core veneers manufactured in
China and processed into a veneer core
platform in Vietnam and combined with a
face and/or back veneer produced in Vietnam
or other third country.
Note: A veneer core platform is defined as
two or more wood veneers that form the core
of an otherwise completed hardwood
plywood product (i.e., a hardwood plywood
product to which the outer (face and back)
veneers have not yet been affixed).
(D) This certification applies to the
following sales to {NAME OF U.S.
CUSTOMER}, located at {ADDRESS OF U.S.
CUSTOMER} (repeat this block as many
times as necessary):
Foreign Seller’s Invoice # to U.S. Customer:
Foreign Seller’s Invoice to U.S. Customer
Line item #:
Producer’s Invoice # to Foreign Seller: (If
the foreign seller and the producer are the
same party, put NA here.)
Producer’s Invoice # Foreign Seller: (If the
foreign seller and the producer are the same
party, put NA here.)
Name of core veneers/veneered panel/
veneer core platform producer:
(E) The hardwood plywood products
covered by this certification were shipped to
{NAME OF U.S. PARTY TO WHOM
MERCHANDISE WAS SHIPPED}, located at
{U.S. ADDRESS TO WHICH MERCHANDISE
WAS SHIPPED}.
(F) I understand that {NAME OF
EXPORTING COMPANY} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
production records, invoices, etc.) for the
later of: (1) a period of five years from the
date of entry; or (2) a period of three years
after the conclusion of any litigation in the
United States courts regarding such entries;
(G) I understand that {NAME OF
EXPORTING COMPANY} must provide this
Exporter Certification and supporting
documentation to the U.S. importer by the
time of shipment.
(H) I understand that failure to maintain
the required certification and supporting
documentation, failure to substantiate the
claims made herein, and/or failure to allow
CBP and/or Commerce to verify the claims
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46743
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)/countervailing
duty (CVD) orders on hardwood plywood
from China. I understand that such a finding
will result in:
Æ suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met;
Æ the requirement that the importer post
applicable AD and/or CVD cash deposits (as
appropriate) equal to the rates as determined
by Commerce; and
Æ the revocation of {NAME OF
EXPORTING COMPANY}’s privilege to
certify that future imports of hardwood
plywood are not produced under any of the
production scenarios subject to these
certifications.
(J) This certification was completed at time
of shipment;
(K) I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE}
{DATE}
Appendix V
Companies That Failed To Cooperate
1. Arrow Forest International Co., Ltd
2. BAC Son Woods Processing Joint Stock
Company
3. BHL Thai Nguyen Corp.
4. Cam Lam Joint Stock Company
5. Eagle Industries Company Limited
6. Golden Bridge Industries Pte. Ltd.
7. Govina Investment Joint Stock Company
8. Greatriver Wood Co. Ltd.
9. Groll Ply and Cabinetry
10. Hai Hien Bamboo Wood Joint Stock
Company
11. Her Hui Wood (Vietnam) Co., Ltd.
12. Hoang LAM Plywood Joint Stock Co.
13. Huong Son Wood Group Co., Ltd.
14. Innovgreen Thanh Hoa Co. Ltd.
15. Lechenwood Viet Nam Company Limited
16. Long LUU Plywood Production Co., Ltd.
17. Long Phat Construction Investment and
Trade Joint Stock Company
18. Plywood Sunshine Ltd. Co.
19. Quang Phat Woods JSC
20. TEKCOM Corporation
21. TL Trung Viet Company Limited
22. VVAT Company Limited
23. Win Faith Trading
24. Zhongjia Wood Company Limited
Companies That Failed To Respond
1. Bao Yen MDF Joint Stock Company
2. BHL Vietnam Investment and
Development
3. Dong Tam Production Trading Company
Limited
4. Linwood Vietnam Co. Ltd
5. Quoc Thai Forestry Import Export Limited
Company
6. Rongjia Woods Vietnam Company Limited
7. Sumec Huongson Wood Group Co. Ltd.
8. Tan Tien Co. Ltd
9. Thang Long Wood Panel Company Ltd.
E:\FR\FM\20JYN1.SGM
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46744
Federal Register / Vol. 88, No. 138 / Thursday, July 20, 2023 / Notices
10. Thanh Hoa Stone Export Company
11. Truong Son North Construction JSC
12. Vietind Co. Ltd.
13. Vietnam Golden Timber Company
Limited
[FR Doc. 2023–15431 Filed 7–19–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice of Matching Fund Opportunity
for Ocean and Coastal Mapping and
Request for Partnership Proposals
National Ocean Service,
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce.
ACTION: Notice of matching fund
opportunity; request for proposals.
AGENCY:
This notice invites nonFederal entities to partner with the
ocean and coastal mapping programs of
NOAA’s National Ocean Service on
jointly-funded projects of mutual
interest, and establishes selection
criteria and submission requirements for
such projects under the NOAA Rear
Admiral Richard T. Brennan Ocean
Mapping Fund program. With this
funding opportunity, NOAA will match
selected non-Federal partners at a 70:30
NOAA: partner ratio for projects totaling
up to $1,000,000, and proposing to
contract for ocean, coastal and/or Great
Lakes mapping data. Selected nonFederal partners further benefit from
this opportunity by leveraging NOAA’s
contracting (NOAA has a pool of prequalified technical experts in surveying
and mapping) and data management
expertise. This ocean and coastal
mapping funding opportunity is subject
to the availability of funds.
DATES: Project proposals, including any
optional GIS files of the proposed
project areas, must be received via email
at the email address listed in the
ADDRESSES section below by 5 p.m.
Eastern Time (ET) on October 10, 2023.
If an entity is unable to apply for this
particular opportunity, but is interested
in participating in similar, future
opportunities, NOAA requests a onepage statement of interest, also by
October 10, 2023. Please include all
required components of the proposal in
one email. Incomplete and late
submissions will not be considered.
After reviewing the project proposals,
NOAA will issue its decision on the
proposals, which are subject to the
availability of funding, on November 15,
2023. Between December 2023 and
January 2024, NOAA will work with the
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:19 Jul 19, 2023
Jkt 259001
project partners it selects to develop
agreements to facilitate the transfer of
funds for the projects. By March 2024,
these agreements will be finalized.
Between June and September 2024, nonFederal partners will transfer their
matching funds to NOAA. Between
January and September of 2025, NOAA
will issue task orders to its survey
contractors for the partner projects.
NOAA will host an informational
webinar and office hours to provide
more information about the matching
fund opportunity and answer any
questions:
• August 10, 2023: Informational
Webinar at 1 p.m. ET. To participate,
please register at https://attendee.
gotowebinar.com/register/
1673584672481823584.
• September 14, 2023: Virtual office
hours between 8:00 a.m. and 5:00 p.m.
ET. These office hours will present an
opportunity for interested entities to
validate their proposals with experts
before submitting a project proposal. In
advance of September 14, 2023, register
for a 30-minute time slot by emailing
iwgocm.staff@noaa.gov.
ADDRESSES: Project proposals must be
submitted via email to iwgocm.staff@
noaa.gov.
The following is a list of documents
that applicants may find useful and the
websites where they may be found:
• the National Ocean Mapping,
Exploration and Characterization
Strategy (NOMEC), the Alaska Coastal
Mapping Strategy (ACMS), and the
Coast Survey Ocean Mapping Plan:
https://iocm.noaa.gov/about/strategicplans.html;
• the Ocean Climate Action Plan
(OCAP): https://www.noaa.gov/sites/
default/files/2023-03/Ocean-ClimateAction-Plan_Final.pdf;
• the U.S. Bathymetry Gap Analysis:
https://iocm.noaa.gov/seabed-2030bathymetry.html;
• the U.S. Interagency Elevation
Inventory: https://catalog.data.gov/
dataset/united-states-interagencyelevation-inventory-usiei;
• the U.S. Mapping Coordination site:
fedmap.seasketch.org;
• NOAA’s Hydrographic Surveys
Specifications and Deliverables
publication: https://nauticalcharts.
noaa.gov/publications/docs/standardsand-requirements/specs/HSSD_
2022.pdf;
• NOAA Shoreline Mapping
Specifications and Deliverables: https://
geodesy.noaa.gov/Contracting
Opportunities/cmp-sow-v15.pdf; and
• the International Hydrographic
Organization’s Standards for
Hydrographic Surveys, Special
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Publication 44: https://iho.int/uploads/
user/pubs/standards/s-44/S-44_Edition_
6.1.0.pdf.
More information on NOAA’s
surveying and mapping contracting
vehicles is available at https://
iocm.noaa.gov/planning/contractsgrants-agreements.html, along with
background information, questions and
answers, and slides on this funding
opportunity.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
to register for the September 14, 2023,
office hours, contact Ashley Chappell,
NOAA Integrated Ocean and Coastal
Mapping, at iwgocm.staff@noaa.gov, or
(240) 429–0293.
SUPPLEMENTARY INFORMATION:
I. Background
NOAA’s Office of Coast Survey (OCS)
and National Geodetic Survey (NGS) are
responsible for conducting
hydrographic surveys and coastal
mapping for safe navigation, the
conservation and management of coastal
and ocean resources, and emergency
response. NOAA has considerable
hydrographic and shoreline mapping
contracting expertise, including a
cutting-edge understanding of the
science and related acoustic systems as
well as data standards to ensure broad
usability of that data.
NOAA is committed to meeting its
mapping missions as collaboratively as
possible, adhering to the Integrated
Ocean and Coastal Mapping (IOCM)
principle of ‘‘Map Once, Use Many
Times.’’ However, the resources needed
to fully achieve the goal of
comprehensively mapping U.S. named
oceans and coasts currently exceed
NOAA’s capacity. Mapping the full
extent of waters subject to U.S.
jurisdiction means relying on partners
to contribute to the effort.
The establishment of the Rear
Admiral Richard T. Brennan Ocean
Mapping Fund program is one way that
NOAA seeks to expand partnerships
and acquisition of U.S. ocean, coastal,
and Great Lakes mapping data. NOAA
Rear Admiral Richard T. Brennan, one
of IOCM’s strongest advocates,
developed the Ocean Mapping Plan for
OCS in August 2020 in which IOCM
plays a large role. The Ocean Mapping
Plan responds to a number of national
drivers to map the full extent of U.S.
waters subject to U.S. jurisdiction to
modern standards, including the June
2020 publications of the National
Strategy for Mapping, Exploring, and
Characterizing the U.S. Exclusive
Economic Zone (NOMEC), the Alaska
Coastal Mapping Strategy (ACMS), and
E:\FR\FM\20JYN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Notices]
[Pages 46740-46744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15431]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051, C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Final Scope Determination and Affirmative Final Determination of
Circumvention of the Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of certain hardwood plywood products (hardwood plywood),
completed in the Socialist Republic of Vietnam (Vietnam) using plywood
inputs and components (face veneer, back veneer, and/or either an
assembled core or individual core veneers) manufactured in the People's
Republic of China (China), are circumventing the antidumping duty (AD)
and countervailing duty (CVD) orders on hardwood plywood from China.
DATES: Applicable July 20, 2023.
FOR FURTHER INFORMATION CONTACT: Rachel Jennings, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1110.
SUPPLEMENTARY INFORMATION:
Background
On July 29, 2022, Commerce published the preliminary determination
\1\ for the circumvention and scope inquiries of the AD and CVD orders
on hardwood plywood from China which were assembled in Vietnam using
hardwood plywood inputs sourced from China.\2\ We invited parties to
comment on the Preliminary Determination. A summary of events that
occurred since Commerce published the Preliminary Determination, as
well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum.\3\ Commerce conducted this scope inquiry in accordance with
19 CFR 351.225(c) and (h), and this circumvention inquiry in accordance
with section 781(b) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Preliminary Scope Determination and Affirmative
Preliminary Determination of the Antidumping and Countervailing Duty
Orders, 87 FR 45753 (July 29, 2022) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ See Certain Hardwood Plywood Products from the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018);
and Certain Hardwood Plywood Products from the People's Republic of
China: Countervailing Duty Order, 83 FR 513 (January 4, 2018)
(collectively, Orders).
\3\ See Memorandum, ``Issues and Decision Memorandum for
Circumvention and Scope Inquiries of the Antidumping Duty and
Countervailing Duty Orders on Certain Hardwood Plywood Products from
the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by the scope of these Orders is hardwood
plywood and decorative plywood from China. A complete description of
the scope of the Orders is contained in the Issues and Decision
Memorandum.\4\
---------------------------------------------------------------------------
\4\ Id.
---------------------------------------------------------------------------
Merchandise Subject To Scope and Circumvention Inquiries
These scope and circumvention inquiries cover hardwood plywood
exported to the United States that was completed in Vietnam using: (1)
face/back veneers and assembled core components (e.g., veneer core
platforms) manufactured in China; (2) fully assembled veneer core
platforms manufactured in China and face/back veneer produced in
Vietnam or third countries; (3) multi-ply panels of glued core veneers
manufactured in China and combined in Vietnam to produce veneer core
platforms and combined with either face and/or back veneer produced in
China, Vietnam, or a third country; (4) face/back veneers and
individual core veneers produced in China; and (5) individual core
veneers manufactured in China and processed into a veneer core platform
\5\ in Vietnam and combined with face/back veneer produced in Vietnam
or a third country.
---------------------------------------------------------------------------
\5\ A veneer core platform is defined as two or more wood
veneers that form the core of an otherwise completed hardwood
plywood product (i.e., a hardwood plywood product to which the outer
(face and back) veneers have not yet been affixed).
---------------------------------------------------------------------------
Methodology
Commerce made these final circumvention findings in accordance with
section 781(b) of the Act and 19 CFR 351.225(g).\6\ In the Preliminary
Determination, we relied on information placed on the record by the
Coalition for Fair Trade in Hardwood Plywood and the Government of
Vietnam, and information we placed on the record. We also relied on the
facts available under section 776(a) of the Act, including facts
available with adverse inferences under section 776(b) of the Act,
where appropriate. In particular, we requested information from
numerous companies in Vietnam in conducting these inquiries. While we
received responses from the majority of these companies, several
companies failed to respond to our initial quantity and value (Q&V)
questionnaire and/or a supplemental Q&V questionnaire and additional
companies provided information that either contained significant
discrepancies and inconsistencies or was misleading.\7\ Therefore, we
preliminarily found that these companies withheld information, failed
to provide information by the deadline or in the form and manner
requested, and significantly impeded these inquiries. Thus, we found
that they failed to cooperate to the best of their abilities; thereby,
we have used adverse inferences when selecting from among the facts
otherwise available on the record for certain aspects of the
Preliminary Determination, pursuant to sections 776(a) and (b) of the
Act. After considering comments from interested parties, for this final
determination, we have determined, based on adverse inferences, that 37
companies produce hardwood plywood under all five of the production
scenarios subject to these inquiries. Additionally, we determine that
these 37 companies \8\ are precluded from participating in the
certification program we established for applicable exports of hardwood
plywood from Vietnam. For a full description of the methodology
underlying the final
[[Page 46741]]
determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ Commerce significantly revised its scope regulations on
September 20, 2021, with an effective date of November 4, 2021. See
Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021). The
amendments to 19 CFR 351.225 apply to scope inquiries for which a
scope ruling application is filed, as well as any scope inquiry
self-initiated by Commerce, on or after November 4, 2021. The newly
promulgated 19 CFR 351.226 applies to circumvention inquiries for
which a circumvention request is filed, as well as any circumvention
inquiry self-initiated by Commerce, on or after November 4, 2021. We
note that these scope and circumvention inquiries were initiated
prior to the effective date of the new regulations, and, thus, any
reference to the regulations is to the prior version of the
regulations.
\7\ See Preliminary Determination, 87 FR at Appendix V for a
list of companies that either failed to respond to our requests for
information or provided unreliable information.
\8\ Id.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
these inquiries are addressed in the Issues and Decision Memorandum. A
list of the issues raised is attached to this notice as Appendix I. The
Issues and 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 Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Scope Ruling
As detailed in the Issues and Decision Memorandum, we are revising
the preliminary scope ruling and find that products produced under
scenarios one, two, and three, are not covered by the scope of the
Orders.
Final Affirmative Circumvention Determination
As detailed in the Issues and Decision Memorandum, we have modified
the preliminary circumvention determination for this final
determination. In the Preliminary Determination, we found products
produced under scenarios four and five to be circumventing the Orders.
For this final determination, we find that products produced under all
five of the production scenarios subject to these inquiries are
circumventing the Orders. Accordingly, we determine, pursuant to
section 781(b) of the Act and 19 CFR 351.225(g), that imports of
hardwood plywood completed in Vietnam are circumventing the Orders.
Additionally, as discussed in the Issues and Decision Memorandum,\9\ we
are expanding the period of the ongoing administrative reviews to also
include the earliest entry from Vietnam suspended as a result of our
Preliminary Determination through December 31, 2021. We are also
allowing interested parties an opportunity to request a review of their
entries of hardwood plywood exported from Vietnam and entered during
this expanded period of review (i.e., the earliest entry from Vietnam
suspended as a result of our Preliminary Determination through December
31, 2022). Commerce hereby notifies interested parties that requests
for reviews for entries made during this period are due 14 days after
the publication of this final determination in the Federal Register
notice. We made certain changes to the certification program regarding
certain companies' eligibility to participate. These changes are also
discussed in the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\9\ See Issues and Decision Memorandum at Comment 13.
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
As a result of this determination, and consistent with 19 CFR
351.225(l)(3), we will instruct CBP to continue to suspend the
liquidation and require a cash deposit of estimated duties, at the
applicable rates, on entries that are entered, or withdrawn from
warehouse, for consumption on or after June 17, 2020, the date of
publication of initiation of these inquiries in the Federal
Register.\10\
---------------------------------------------------------------------------
\10\ See Initiation Notice.
---------------------------------------------------------------------------
Hardwood plywood assembled in Vietnam under scenarios other than
the five production scenarios identified above are not subject to these
inquiries. Therefore, cash deposits are not required for such
merchandise, subject to the following certification requirements.\11\
The non-cooperative exporters listed in Appendix V are not eligible to
participate in this certification program.\12\ Accordingly, CBP shall
suspend the entry and collect cash deposits for entries of merchandise
produced and/or exported by these non-cooperative companies at the AD
rate established for the China-wide entity (183.36 percent) and the CVD
rate established for all other Chinese producers and/or exporters
(22.98 percent), pursuant to the Orders.
---------------------------------------------------------------------------
\11\ See Appendix II for the certification requirements and
Appendix III for the importer certification.
\12\ See, e.g., Issues and Decision Memorandum at Comments 7-11.
---------------------------------------------------------------------------
In the situation where no certification is provided for an entry,
Commerce intends to instruct CBP to suspend liquidation of the entry
and collect cash deposits at the rates applicable under the Orders
(i.e., the AD rate established for the China-wide entity (183.36
percent) and the CVD rate established for all-other Chinese producers/
exporters (22.98 percent)).\13\
---------------------------------------------------------------------------
\13\ See Orders.
---------------------------------------------------------------------------
Certification Requirements
If an exporter of hardwood plywood assembled in Vietnam claims that
its hardwood plywood was not produced using any of the Chinese hardwood
plywood input scenarios subject to these inquiries, it must prepare and
maintain an exporter certification and documentation supporting the
exporter certification (see Appendix IV). In addition, importers of
such hardwood plywood must prepare and maintain an importer
certification (see Appendix III) as well as documentation to support
the importer certification. Besides the importer certification, the
importer must also maintain a copy of the exporter certification (see
Appendix IV), and relevant supporting documentation from the exporter
of the hardwood plywood assembled in Vietnam that was not produced
using any of the Chinese hardwood plywood input scenarios subject to
these inquiries.
Administrative Protective Order
This notice will serve as the only reminder to all parties subject
to an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.225(f).
Dated: July 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Scope and Circumvention Inquiries
V. Changes Since the Preliminary Determination
VI. Discussion of the Issues
Comment 1: Whether Commerce's Circumvention Inquiry Was
Procedurally Flawed
Comment 2: Whether Assembly in Vietnam Is Minor or Insignificant
Comment 3: Whether Pattern of Trade Information Supports an
Affirmative Determination
Comment 4: Whether There Is Record Evidence that Supports an
Affirmative Determination
Comment 5: Whether Commerce Properly Rejected Untimely Filed New
Factual Information (NFI)
Comment 6: Whether Commerce Properly Found Discrepancies,
Errors, and Inconsistencies in Responses
[[Page 46742]]
Comment 7: Whether Commerce Properly Applied Adverse Facts
Available (AFA) to Non-Responsive Companies
Comment 8: Whether Commerce's Reliance on AFA for Certain
Companies Is Supported by Substantial Evidence
Comment 9: Whether Commerce Should Apply AFA to Cam Lam Vietnam
Joint Stock Company (Cam Lam)
Comment 10: Whether Commerce Should Apply AFA to Certain Other
Verified Companies
Comment 11: Whether Commerce Should Apply AFA to TL Trung Viet
Company Limited (TL Trung) and VVAT Company Limited (VVAT)
Comment 12: Whether Commerce Should Revise its Customs
Instructions and Certification Program to Exclude Merchandise
Comment 13: How Commerce Should Address Procedural and Equity
Concerns
Comment 14: Whether Commerce Should Apply a Negative
Determination to Certain Companies
Comment 15: Whether Commerce's Certification Decision Expands
the Scope of these Inquiries
VII. Recommendation
Appendix II
Certification Requirements
If an importer imports certain hardwood plywood products
(hardwood plywood) from Vietnam and claims that the hardwood plywood
was not produced using plywood inputs and components (face veneer,
back veneer, and/or either an assembled core or individual core
veneers) manufactured in the People's Republic of China (China), the
importer is required to complete and maintain the importer
certification attached hereto as Appendix III and all supporting
documentation. Where the importer uses a broker to facilitate the
entry process, it should obtain the entry summary number from the
broker. Agents of the importer, such as brokers, however, are not
permitted to make this certification on behalf of the importer.
The exporter of such merchandise is required to complete and
maintain the exporter certification, attached as Appendix IV, and is
further required to provide the importer a copy of that
certification and all supporting documentation. The party that made
the sale to the United States should fill out the exporter
certification.
The deadline to submit certifications for unliquidated entries
on or after June 17, 2020, and until August 28, 2022 is thirty days
after the deadline for this final determination, i.e., August 14,
2023.\14\ For all such entries, exporters and importers should use
the appropriate certifications provided in the appendices to the
Preliminary Determination. As explained in the Preliminary
Determination at Appendix II, for entries after August 28, 2022,
through the date of publication of this notice in the Federal
Register, for which certifications are required, importers should
have completed the required certification at or prior to the date of
entry summary, and exporters should have completed the required
certification and provided it to the importer at or prior to the
date of shipment. Such certifications were included as appendices to
the Preliminary Determination.
---------------------------------------------------------------------------
\14\ See, e.g., Certain Hardwood Plywood Products from the
People's Republic of China: Preliminary Scope Determination and
Affirmative Preliminary Determination of Circumvention of the
Antidumping and Countervailing Duty Orders; Extension of Deadline to
Certify Certain Entries, 87 FR 75231 (December 8, 2022).
---------------------------------------------------------------------------
For entries on or after the date of publication of this notice
in the Federal Register, for which certifications are required,
importers should complete the required certification at or prior to
the date of entry summary, and exporters should complete the
required certification and provide it to the importer at or prior to
the date of shipment. Such certifications are included as appendices
to this notice.
The importer and exporter are also required to maintain
sufficient documentation supporting their certifications. The
importer will not be required to submit the certifications or
supporting documentation to U.S. Customs and Border Protection (CBP)
as part of the entry process at this time. However, the importer and
the exporter will be required to present the certifications and
supporting documentation to Commerce and/or CBP, as applicable, upon
request by the respective agency. Additionally, the claims made in
the certifications and any supporting documentation are subject to
verification by Commerce and/or CBP. The importer and exporter are
required to maintain the certifications and supporting documentation
for the later of: (1) a period of five years from the date of entry
or (2) a period of three years after the conclusion of any
litigation in United States courts regarding such entries.
In the situation where no certification is maintained for an
entry, and AD/CVD orders on hardwood plywood from China potentially
apply to that entry, Commerce intends to instruct CBP to continue to
suspend the entry and collect cash deposits at the rate applicable
under the Orders (i.e., the AD rate established for the China-wide
entity (183.36 percent) and the CVD rate established for all-other
Chinese producers/exporters (22.98 percent)).
Appendix III
Importer Certification
I hereby certify that:
(A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I
am an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADRESS OF IMPORTING COMPANY{time} .
(B) I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of the
hardwood plywood completed in Vietnam that entered under entry
summary number(s), identified below, and are covered by this
certification. ``Direct personal knowledge'' refers to facts the
certifying party is expected to have in its own records. For
example, the importer should have ``direct personal knowledge'' of
the importation of the product (e.g., the name of the exporter) in
its records;
(C) I have personal knowledge of the facts regarding the
production of the imported products covered by this certification.
``Personal knowledge'' includes facts obtained from another party,
(e.g., correspondence received by the importer (or exporter) from
the producer regarding the source of the hardwood plywood inputs
used to produce the imported products);
(D) This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Country of Origin of core veneers/veneered panels/veneer core
platforms:
(E) The hardwood plywood completed in Vietnam was not produced
under any of the production scenarios subject to these
certifications:
1. Face veneer, back veneer, and assembled core components
(e.g., veneer core platforms (see note below)) manufactured in China
and assembled in Vietnam;
2. Fully assembled veneer core platforms manufactured in China
that are combined in Vietnam with face and/or back veneers produced
in Vietnam or third countries;
3. Multi-ply panels of glued core veneers manufactured in China
that are combined in Vietnam to produce veneer core platforms and
combined with either a face and/or back veneer produced in China,
Vietnam, or a third country;
4. Face veneer, back veneer, and individual core veneers
produced in China and assembled into hardwood plywood in Vietnam;
and
5. Individual core veneers manufactured in China and processed
into a veneer core platform in Vietnam and combined with a face and/
or back veneer produced in Vietnam or other third country.
Note: A veneer core platform is defined as two or more wood
veneers that form the core of an otherwise completed hardwood
plywood product (i.e., a hardwood plywood product to which the outer
(face and back) veneers have not yet been affixed).
(F) 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, production records,
invoices, USDA Plant and Plant Product Declaration Form etc.) for
the later of: (1) a period of five years from the date of entry; or
(2) a period of three years after the conclusion of any litigation
in the United States courts regarding such entries;
(G) I understand that {IMPORTING COMPANY{time} is required to
provide this certification and supporting records, upon request, to
U.S. Customs and Border Protection (CBP) and/or the Department of
Commerce (Commerce);
(H) I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of the exporter's certification (attesting to the
[[Page 46743]]
production and/or export of the imported merchandise identified
above) and supporting documentation, for the later of: (1) a period
of five years from the date of entry; or (2) a period of three years
after the conclusion of any litigation in United States courts
regarding such entries;
(I) I understand that {IMPORTING COMPANY{time} is required to
maintain and provide a copy of the exporter's certification and
supporting documentation, upon request, to CBP and/or Commerce;
(J) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
(K) I understand that failure to maintain the required
certification and supporting documentation and/or failure to
substantiate the claims made herein and/or failure to allow CBP and/
or Commerce to verify the claims made herein, may result in a de
facto determination that all entries to which this certification
applies are within the scope of the antidumping duty (AD)/
countervailing duty (CVD) orders on hardwood plywood from China. I
understand that such finding will result in:
[cir] suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
[cir] the requirement that the importer post applicable AD and/
or CVD cash deposits (as appropriate) equal to the rates determined
by Commerce; and
[cir] the revocation of {NAME OF IMPORTING COMPANY{time} 's
privilege to certify that future imports of hardwood plywood are not
produced under any of the production scenarios subject to these
certifications.
(L) I understand that agents of the importer, such as brokers,
are not permitted to make this certification;
(M) This certification was completed by the time of filing the
entry summary; and
(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{time}
{DATE{time}
Appendix IV
Exporter Certification
I hereby certify that:
(A) My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF EXPORTING COMPANY{time} , located at {ADDRESS
OF EXPORTING COMPANY{time} .
(B) I have direct personal knowledge of the facts regarding the
production and exportation to the Customs territory of the United
States of the hardwood plywood identified below. ``Direct personal
knowledge'' refers to facts the certifying party is expected to have
in its own books and records. For example, an exporter should have
``direct personal knowledge'' of the producer's identity and
location;
(C) The hardwood plywood completed in Vietnam was not produced
under any of the following production scenarios:
1. Face veneer, back veneer, and assembled core components
(e.g., veneer core platforms (see note below) manufactured in China
and assembled in Vietnam;
2. Fully assembled veneer core platforms manufactured in China
that are combined in Vietnam with face and/or back veneers produced
in Vietnam or third countries;
3. Multi-ply panels of glued core veneers manufactured in China
that are combined in Vietnam to produce veneer core platforms and
combined with either a face and/or back veneer produced in China,
Vietnam, or a third country;
4. Face veneer, back veneer, and individual core veneers
produced in China and assembled into hardwood plywood in Vietnam;
and
5. Individual core veneers manufactured in China and processed
into a veneer core platform in Vietnam and combined with a face and/
or back veneer produced in Vietnam or other third country.
Note: A veneer core platform is defined as two or more wood
veneers that form the core of an otherwise completed hardwood
plywood product (i.e., a hardwood plywood product to which the outer
(face and back) veneers have not yet been affixed).
(D) This certification applies to the following sales to {NAME
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Producer's Invoice # to Foreign Seller: (If the foreign seller
and the producer are the same party, put NA here.)
Producer's Invoice # Foreign Seller: (If the foreign seller and
the producer are the same party, put NA here.)
Name of core veneers/veneered panel/veneer core platform
producer:
(E) The hardwood plywood products covered by this certification
were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED{time} .
(F) I understand that {NAME OF EXPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, production records, invoices,
etc.) for the later of: (1) a period of five years from the date of
entry; or (2) a period of three years after the conclusion of any
litigation in the United States courts regarding such entries;
(G) I understand that {NAME OF EXPORTING COMPANY{time} must
provide this Exporter Certification and supporting documentation to
the U.S. importer by the time of shipment.
(H) I understand that failure to maintain the required
certification and supporting documentation, failure to substantiate
the claims made herein, and/or failure to allow 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)/countervailing
duty (CVD) orders on hardwood plywood from China. I understand that
such a finding will result in:
[cir] suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met;
[cir] the requirement that the importer post applicable AD and/
or CVD cash deposits (as appropriate) equal to the rates as
determined by Commerce; and
[cir] the revocation of {NAME OF EXPORTING COMPANY{time} 's
privilege to certify that future imports of hardwood plywood are not
produced under any of the production scenarios subject to these
certifications.
(J) This certification was completed at time of shipment;
(K) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE{time}
{DATE{time}
Appendix V
Companies That Failed To Cooperate
1. Arrow Forest International Co., Ltd
2. BAC Son Woods Processing Joint Stock Company
3. BHL Thai Nguyen Corp.
4. Cam Lam Joint Stock Company
5. Eagle Industries Company Limited
6. Golden Bridge Industries Pte. Ltd.
7. Govina Investment Joint Stock Company
8. Greatriver Wood Co. Ltd.
9. Groll Ply and Cabinetry
10. Hai Hien Bamboo Wood Joint Stock Company
11. Her Hui Wood (Vietnam) Co., Ltd.
12. Hoang LAM Plywood Joint Stock Co.
13. Huong Son Wood Group Co., Ltd.
14. Innovgreen Thanh Hoa Co. Ltd.
15. Lechenwood Viet Nam Company Limited
16. Long LUU Plywood Production Co., Ltd.
17. Long Phat Construction Investment and Trade Joint Stock Company
18. Plywood Sunshine Ltd. Co.
19. Quang Phat Woods JSC
20. TEKCOM Corporation
21. TL Trung Viet Company Limited
22. VVAT Company Limited
23. Win Faith Trading
24. Zhongjia Wood Company Limited
Companies That Failed To Respond
1. Bao Yen MDF Joint Stock Company
2. BHL Vietnam Investment and Development
3. Dong Tam Production Trading Company Limited
4. Linwood Vietnam Co. Ltd
5. Quoc Thai Forestry Import Export Limited Company
6. Rongjia Woods Vietnam Company Limited
7. Sumec Huongson Wood Group Co. Ltd.
8. Tan Tien Co. Ltd
9. Thang Long Wood Panel Company Ltd.
[[Page 46744]]
10. Thanh Hoa Stone Export Company
11. Truong Son North Construction JSC
12. Vietind Co. Ltd.
13. Vietnam Golden Timber Company Limited
[FR Doc. 2023-15431 Filed 7-19-23; 8:45 am]
BILLING CODE 3510-DS-P
