Light-Walled Rectangular Pipe and Tube From the People's Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders, 77283-77287 [2023-24796]

Download as PDF Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 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. 2023–24799 Filed 11–8–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–914, C–570–915] Light-Walled Rectangular Pipe and Tube From the People’s Republic of China: Final 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) determines that imports of light-walled rectangular pipe and tube (LWRPT), 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 LWRPT from China. DATES: Applicable November 9, 2023. FOR FURTHER INFORMATION CONTACT: Reginald Anadio, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3166. SUPPLEMENTARY INFORMATION: AGENCY: Background ddrumheller on DSK120RN23PROD with NOTICES1 On August 5, 2008, Commerce published in the Federal Register the AD and CVD orders on LWRPT from China.1 On August 4, 2022, Commerce initiated a country-wide circumvention inquiry to determine whether certain imports of LWRPT completed in Vietnam using HRS produced in China 1 See Light-Walled Rectangular Pipe and Tube from Mexico, the People’s Republic of China, and the Republic of Korea: Antidumping Duty Orders; Light-Walled Rectangular Pipe and Tube from the Republic of Korea: Notice of Amended Final Determination of Sales at Less Than Fair Value, 73 FR 45403 (August 5, 2008); and Light-Walled Rectangular Pipe and Tube from the People’s Republic of China: Notice of Countervailing Duty Order, 73 FR 45405 (August 5, 2008) (collectively, Orders or China Orders). VerDate Sep<11>2014 18:22 Nov 08, 2023 Jkt 262001 are circumventing the Orders.2 On April 12, 2023, Commerce published in the Federal Register its Preliminary Determination that imports of LWRPT completed in Vietnam using HRS produced in China are circumventing the Orders.3 On May 15, 2023, Commerce extended the deadline for the final determination of this circumvention inquiry to August 4, 2023.4 On July 20, 2023, Commerce further extended the deadline for the final determination in this circumvention inquiry to November 2, 2023.5 For a summary of events that occurred since the Preliminary Determination, as well as a full discussion of the issues raised by parties for consideration in the final determination, see the Issues and Decision Memorandum.6 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. Scope of the Orders The products covered by the Orders include certain quality light-walled steel pipe and tube, of rectangular (including 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), and accompanying Circumvention Initiation Memorandum. 3 See Light-Walled Rectangular Pipe and Tube from the People’s Republic of China: Preliminary Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders, 88 FR 21985 (April 12, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 4 See Memorandum, ‘‘Extension of Deadline for Issuing Final Determinations in Circumvention Inquiries,’’ dated May 15, 2023. 5 See Memorandum, ‘‘Extension of Deadline for Issuing Final Determinations in Circumvention Inquiries,’’ dated July 20, 2023. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Circumvention Determination of the Antidumping Duty and Countervailing Duty Orders on LightWalled Rectangular Pipe and Tube from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 77283 square) cross section, having a wall thickness of less than 4 millimeters. For a full description of the scope of the Orders, see the Issues and Decision Memorandum. Merchandise Subject to the Circumvention Inquiry This circumvention inquiry covers LWRPT 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. See Preliminary Determination PDM for a full description of the methodology.7 We have continued to apply this methodology, without exception, and incorporate by reference this description of the methodology, for our final determination.8 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 at Appendix I. Based on our analysis of the comments received from interested parties, we made no changes to the Preliminary Determination, except for the revisions to the certification language (see Appendix II), which we have modified in response to comments to allow parties to also use the certifications when their shipments of LWRPT were not produced using HRS. Final Circumvention Determination As detailed in the Issues and Decision Memorandum, Commerce determines that LWRPT 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 determine that the inquiry 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. 7 See 8 See E:\FR\FM\09NON1.SGM Preliminary Determination PDM at 4–30. Issues and Decision Memorandum at 1–67. 09NON1 ddrumheller on DSK120RN23PROD with NOTICES1 77284 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices Suspension of Liquidation and Cash Deposit Requirements Based on the affirmative country-wide determination of circumvention for Vietnam, in accordance with 19 CFR 351.226(l)(3), 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 LWRPT 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. LWRPT 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 finds that LWRPT completed in Vietnam using the Republic of Korea (Korea)-origin HRS is circumventing the AD order on LWRPT from Korea, and light-walled welded rectangular carbon steel tubing (LWR tubing) completed in Vietnam using Taiwan-origin HRS is circumventing the AD order on LWR tubing from Taiwan.9 Imports of such merchandise are subject to certification requirements, and cash deposits may be required. If an importer imports LWRPT from Vietnam and claims that the LWRPT was not produced from China-origin HRS, or alternatively, claims that the LWRPT was produced using an input other than HRS, the importer and exporter are required to meet the certification and documentation requirements described in the ‘‘Certifications’’ and ‘‘Certification Requirements for Vietnam’’ sections, below, in order to not be subject to the China Orders cash deposit requirements. See Appendix II for the revised importer and exporter certifications, which we have modified in response to comments to allow parties to also use the certifications when their shipments of LWRPT were not produced using HRS. Where no certification is provided for an entry, and AD/CVD orders from three countries (China, Korea, or Taiwan) potentially apply to that entry, Commerce intends to instruct CBP to 9 See the unpublished Federal Register notices, ‘‘Light-Walled Rectangular Pipe and Tube from the Republic of Korea: Final Affirmative Determination of Circumvention of the Antidumping Duty Order,’’ and ‘‘Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan: Final Affirmative Determination of Circumvention of the Antidumping Duty Order,’’ dated concurrently with this notice. VerDate Sep<11>2014 18:22 Nov 08, 2023 Jkt 262001 suspend the entry and collect cash deposits at the rate applicable to the AD and CVD orders on LWRPT from China (i.e., the AD cash deposit rate established for the China-wide entity (255.07 percent) and the CVD cash deposit rate established for all-others (15.28 percent) under the following third country CBP case numbers: A– 552–914–000 and C–552–915–000.10 This is to prevent evasion, given that the AD/CVD cash deposit rates established for LWRPT from China are higher than the AD cash deposit rates established for LWRPT from Korea and LWR tubing from Taiwan.11 Where a certification is provided for the AD/CVD orders on LWRPT from China (stating that the merchandise was not produced using China-origin HRS or was produced using an input other than 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 Taiwan Order (i.e., the AD cash deposit rate established for allothers (18.05 percent)) under the following third country CBP case number: A–552–863–000.12 This is to prevent evasion, given that the AD cash deposit rate established for LWR tubing from Taiwan is higher than the AD cash deposit rate established for LWRPT from Korea.13 Commerce established the following third CBP country case number in the Automated Commercial Environment (ACE) for entries of LWRPT produced in Vietnam using Korea-origin HRS: A– 552–859–000. The cash deposit rate will be the Korea AD all-others rate (i.e., 15.79 percent).14 For Hoa Phat, which will not be permitted to certify that its merchandise was not produced from China-origin HRS, Commerce will direct CBP, for all entries of LWRPT from Vietnam produced or exported by Hoa Phat, to suspend liquidation and require a cash deposit at the AD/CVD cash deposit rates established for LWRPT from China.15 Commerce established the 10 See China Orders. Light-Walled Rectangular Pipe and Tube from Mexico, the People’s Republic of China, and the Republic of Korea: Antidumping Duty Orders; Light-Walled Rectangular Pipe and Tube from the Republic of Korea: Notice of Amended Final Determination of Sales at Less Than Fair Value, 73 FR 45403 (August 5, 2008) (Korea Order); LightWalled Welded Rectangular Carbon Steel Tubing from Taiwan; Final Results of Antidumping Duty Administrative Review, 57 FR 24464, 24466 (June 9, 1992) (Taiwan Order). 12 See Taiwan Order. 13 See Korea Order. 14 Id. 15 Hoa Phat is not eligible to participate in the certification program as either producer or exporter. 11 See PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 following company-specific third country CBP case numbers for Hoa Phat: A–552–914–001 and C–552–915–001. These suspension of liquidation instructions will remain in effect until further notice. Certified Entries Entries for which the importer and exporter have met the certification requirements described below and in Appendix II to this notice will not be subject to suspension of liquidation, or the cash deposit requirements described above. Failure to comply with the applicable requisite certification requirements may result in the merchandise being subject to AD and CVD duties. Certifications To administer the country-wide affirmative determination of circumvention, Commerce established importer and exporter certifications which allow companies to certify that specific entries of LWRPT from Vietnam are not subject to suspension of liquidation or the collection of cash deposits pursuant to this country-wide affirmative determination of circumvention because the merchandise was not made with China-origin HRS or was made with an input other than HRS (see Appendix II to this notice). Because Hoa Phat was non-cooperative, it is not eligible to use the certification described above.16 Importers and exporters that claim that the entry of LWRPT is not subject to suspension of liquidation or the collection of cash deposits because the merchandise was not made with Chinaorigin HRS or was made with an input other than 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 In addition, other parties exporting pipe products produced by Hoa Phat will likewise not be eligible to participate in the certification program with regard to such products. 16 See Preliminary Determination PDM at the ‘‘Use of Facts Available with Adverse Inferences’’ section; see also, e.g., Anti-circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998), unchanged in Anti-Circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675–76 (October 13, 1998). E:\FR\FM\09NON1.SGM 09NON1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 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 a broker, 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 LWRPT that was manufactured in Vietnam to the United States. Additionally, the claims made in the certifications and any supporting documentation are subject to verification by Commerce and/or CBP. Importers and exporters are required to maintain the certifications and supporting documentation until the later of: (1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries. For all LWRPT 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 already be complete and signed. For unliquidated entries (and entries for which liquidation has not become final) of LWRPT that were declared as non-AD/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 VerDate Sep<11>2014 18:22 Nov 08, 2023 Jkt 262001 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/CVD type entries to AD/CVD type entries (e.g., type 01 to type 03). Importers should report those AD/CVD type entries using the third country CBP case numbers identified in the ‘‘Suspension of Liquidation and Cash Deposit Requirements’’ section, above. The importer should post cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties, including AD/CVD duties. If it is determined that an importer or exporter has not met the certification and related documentation requirements for certain entries, Commerce intends to instruct CBP to suspend, pursuant to this country-wide affirmative determination of circumvention and the Orders,17 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. Opportunity To Request an Administrative Review Each year during the anniversary month of the publication of an AD or CVD order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Act, may request, in accordance with 19 CFR 351.213, that Commerce conduct an administrative review of that AD or CVD order, finding, or suspended investigation. Interested parties who wish that Commerce conducts an administrative review should wait until Commerce announces via the Federal Register the next window during the anniversary month of the publication of the AD or CVD order to submit such requests. The anniversary month for these Orders is August. Administrative Protective Order This notice will serve as the only reminder to all parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply 17 See PO 00000 Orders. Frm 00029 Fmt 4703 Sfmt 4703 77285 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 351.226(g)(2). Dated: November 2, 2023. Abdelali Elouaradia, Deputy 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. Merchandise Subject to the Circumvention Inquiry V. Period of Circumvention Inquiry VI. Changes from the Preliminary Determination VII. Discussion of the Issues Comment 1: Conflict Regarding the Timing of Certification Requirements Comment 2: Clarification in the Certification and Cash Deposit Instructions Concerning the Inclusion of HRS Further Processed in Vietnam Through a Cold-Rolling or Galvanizing Process Comment 3: Whether Commerce’s Denial of Hoa Phat’s Extension Request Was an Abuse of Discretion Comment 4: Whether Commerce Lacks Statutory Authority to Deny Hoa Phat a Certification Process, and the Selection of the AFA Rate Comment 5: Commerce Must Detail the Process for Correct Cash Deposit and Liquidation for Entries Produced or Exported by Hoa Phat Comment 6: Commerce Must Clarify the Suspension of Liquidation and Cash Deposit Requirements Comment 7: Whether the Production of Pipe from Imported HRS Constitutes ‘‘Assembly or Completion’’ Within the Meaning of the Statute Comment 8: Whether producers of LWRPT with Input Material Other Than HRS Are Subject to the Inquiry or Any of the Requirements Imposed by Commerce’s Determination Comment 9: Whether Commerce’s Determination That Vina One Is Circumventing the Taiwan Order Is in Accordance with Law When There Is Insufficient Record Evidence to Show All Statutory Factors Are Met Comment 10: Whether Vina One’s Process of Finishing LWRPT in Vietnam from HRS Manufactured in China Is Minor and Insignificant Pursuant to Sections 781(b)(2)(A), (C) and (D) of the Act Comment 11: Whether the Production Process of LWRPT from HRS Is Minor or Insignificant Pursuant to Section 781(b)(2) of the Act, Exclusion of NonChinese-Origin Inputs Comment 12: Whether Commerce Properly Considered the Pattern of Trade and Sourcing E:\FR\FM\09NON1.SGM 09NON1 77286 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices Comment 13: Whether Affiliations Indicate that Action is Not Appropriate to Prevent Circumvention of the Orders Under Section 781(b)(1)(E) of the Act Comment 14: Whether HRS Imports from China and Taiwan Indicate that Action Is Not Appropriate to Prevent Evasion of the Orders Under Section 781(b)(1)(E) of the Act Comment 15: Whether Commerce Should Apply Affirmative Circumvention Findings On a Country-Wide Basis VIII. Recommendation Appendix II ddrumheller on DSK120RN23PROD with NOTICES1 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 light-walled rectangular pipe and tube (LWRPT) produced in the Socialist Republic of 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 LWRPT, 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 LWRPT 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 LWRPT 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) or an input other than HRS used to produce the imported LWRPT); 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 #: VerDate Sep<11>2014 18:22 Nov 08, 2023 Jkt 262001 Country of Origin of HRS: State ‘‘N/A’’ for ‘‘Country of Origin of HRS’’ if the LWRPT covered by this certification was produced using inputs other than HRS. Producer: Producer’s Address: G. The LWRPT covered by this certification does not contain HRS produced in the People’s Republic of China (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. 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 and countervailing duty orders on LWRPT from China. I understand that such finding will result in: (i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; (ii) the importer being required to post the 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; N. 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 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 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. O. I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature {NAME OF COMPANY OFFICIAL} {TITLE 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 light-walled welded rectangular pipe and tube (LWRPT) for which sales are identified below. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own records. For example, an exporter should have direct personal knowledge of the producer’s identity and location; C. The LWRPT covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}; D. The LWRPT covered by this certification does not contain HRS produced in the People’s Republic of China (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: State ‘‘N/A’’ if the producer did not use HRS in the production of the LWRPT. Location (Country) of Producer of HRS: State ‘‘N/A’’ if the producer did not use HRS in the production of LWRPT. F. The LWRPT covered by this certification was shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}; E:\FR\FM\09NON1.SGM 09NON1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 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 LWRPT from China. I understand that such a finding will result in: (i) suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; (ii) the importer being required to post the 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. VerDate Sep<11>2014 18:22 Nov 08, 2023 Jkt 262001 Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} [FR Doc. 2023–24796 Filed 11–8–23; 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: Final 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) 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 November 9, 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 circumventing the Orders.2 On April 12, 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; PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 77287 2023, Commerce published in the Federal Register its Preliminary Determination that imports of CWP completed in Vietnam using HRS produced in China are circumventing the Orders.3 On May 15, 2023, Commerce extended the deadline for the final determination of this circumvention inquiry to August 4, 2023.4 On July 20, 2023, Commerce further extended the deadline for the final determination to November 2, 2023.5 For 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 consideration in the final determination, see the Issues and Decision Memorandum.6 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. 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 Issues and Decision Memorandum. Merchandise Subject to the Circumvention Inquiry This circumvention inquiry covers CWP completed in Vietnam using China-origin HRS and subsequently 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 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 Order, 88 FR 21975 (April 12, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 4 See Memorandum, ‘‘Extension of Deadline for Issuing Final Determinations in Circumvention Inquiries,’’ dated May 15, 2023. 5 See Memorandum, ‘‘Extension of Deadline for Issuing Final Determinations in Circumvention Inquiries,’’ dated July 20, 2023. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Circumvention Inquiry of the Antidumping and Countervailing Duty Orders on Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77283-77287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24796]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-914, C-570-915]


Light-Walled Rectangular Pipe and Tube From the People's Republic 
of China: Final 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) determines that 
imports of light-walled rectangular pipe and tube (LWRPT), 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 LWRPT from China.

DATES: Applicable November 9, 2023.

FOR FURTHER INFORMATION CONTACT: Reginald Anadio, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3166.

SUPPLEMENTARY INFORMATION:

Background

    On August 5, 2008, Commerce published in the Federal Register the 
AD and CVD orders on LWRPT from China.\1\ On August 4, 2022, Commerce 
initiated a country-wide circumvention inquiry to determine whether 
certain imports of LWRPT completed in Vietnam using HRS produced in 
China are circumventing the Orders.\2\ On April 12, 2023, Commerce 
published in the Federal Register its Preliminary Determination that 
imports of LWRPT completed in Vietnam using HRS produced in China are 
circumventing the Orders.\3\
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    \1\ See Light-Walled Rectangular Pipe and Tube from Mexico, the 
People's Republic of China, and the Republic of Korea: Antidumping 
Duty Orders; Light-Walled Rectangular Pipe and Tube from the 
Republic of Korea: Notice of Amended Final Determination of Sales at 
Less Than Fair Value, 73 FR 45403 (August 5, 2008); and Light-Walled 
Rectangular Pipe and Tube from the People's Republic of China: 
Notice of Countervailing Duty Order, 73 FR 45405 (August 5, 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), and accompanying Circumvention Initiation 
Memorandum.
    \3\ See Light-Walled Rectangular Pipe and Tube from the People's 
Republic of China: Preliminary Determination of Circumvention of the 
Antidumping Duty and Countervailing Duty Orders, 88 FR 21985 (April 
12, 2023) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum (PDM).
---------------------------------------------------------------------------

    On May 15, 2023, Commerce extended the deadline for the final 
determination of this circumvention inquiry to August 4, 2023.\4\ On 
July 20, 2023, Commerce further extended the deadline for the final 
determination in this circumvention inquiry to November 2, 2023.\5\ For 
a summary of events that occurred since the Preliminary Determination, 
as well as a full discussion of the issues raised by parties for 
consideration in the final determination, see the Issues and Decision 
Memorandum.\6\
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    \4\ See Memorandum, ``Extension of Deadline for Issuing Final 
Determinations in Circumvention Inquiries,'' dated May 15, 2023.
    \5\ See Memorandum, ``Extension of Deadline for Issuing Final 
Determinations in Circumvention Inquiries,'' dated July 20, 2023.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Circumvention Determination of the Antidumping 
Duty and Countervailing Duty Orders on Light-Walled Rectangular Pipe 
and Tube from the People's Republic of China,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

    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.

Scope of the Orders

    The products covered by the Orders include certain quality light-
walled steel pipe and tube, of rectangular (including square) cross 
section, having a wall thickness of less than 4 millimeters. For a full 
description of the scope of the Orders, see the Issues and Decision 
Memorandum.

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers LWRPT 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. See Preliminary Determination PDM for a full 
description of the methodology.\7\ We have continued to apply this 
methodology, without exception, and incorporate by reference this 
description of the methodology, for our final determination.\8\
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    \7\ See Preliminary Determination PDM at 4-30.
    \8\ See Issues and Decision Memorandum at 1-67.
---------------------------------------------------------------------------

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 at Appendix I.
    Based on our analysis of the comments received from interested 
parties, we made no changes to the Preliminary Determination, except 
for the revisions to the certification language (see Appendix II), 
which we have modified in response to comments to allow parties to also 
use the certifications when their shipments of LWRPT were not produced 
using HRS.

Final Circumvention Determination

    As detailed in the Issues and Decision Memorandum, Commerce 
determines that LWRPT 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 determine that the 
inquiry 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.

[[Page 77284]]

Suspension of Liquidation and Cash Deposit Requirements

    Based on the affirmative country-wide determination of 
circumvention for Vietnam, in accordance with 19 CFR 351.226(l)(3), 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 LWRPT 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.
    LWRPT 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 finds 
that LWRPT completed in Vietnam using the Republic of Korea (Korea)-
origin HRS is circumventing the AD order on LWRPT from Korea, and 
light-walled welded rectangular carbon steel tubing (LWR tubing) 
completed in Vietnam using Taiwan-origin HRS is circumventing the AD 
order on LWR tubing from Taiwan.\9\ Imports of such merchandise are 
subject to certification requirements, and cash deposits may be 
required.
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    \9\ See the unpublished Federal Register notices, ``Light-Walled 
Rectangular Pipe and Tube from the Republic of Korea: Final 
Affirmative Determination of Circumvention of the Antidumping Duty 
Order,'' and ``Light-Walled Welded Rectangular Carbon Steel Tubing 
from Taiwan: Final Affirmative Determination of Circumvention of the 
Antidumping Duty Order,'' dated concurrently with this notice.
---------------------------------------------------------------------------

    If an importer imports LWRPT from Vietnam and claims that the LWRPT 
was not produced from China-origin HRS, or alternatively, claims that 
the LWRPT was produced using an input other than HRS, the importer and 
exporter are required to meet the certification and documentation 
requirements described in the ``Certifications'' and ``Certification 
Requirements for Vietnam'' sections, below, in order to not be subject 
to the China Orders cash deposit requirements.
    See Appendix II for the revised importer and exporter 
certifications, which we have modified in response to comments to allow 
parties to also use the certifications when their shipments of LWRPT 
were not produced using HRS.
    Where no certification is provided for an entry, and AD/CVD orders 
from three countries (China, Korea, or Taiwan) potentially apply to 
that entry, Commerce intends to instruct CBP to suspend the entry and 
collect cash deposits at the rate applicable to the AD and CVD orders 
on LWRPT from China (i.e., the AD cash deposit rate established for the 
China-wide entity (255.07 percent) and the CVD cash deposit rate 
established for all-others (15.28 percent) under the following third 
country CBP case numbers: A-552-914-000 and C-552-915-000.\10\ This is 
to prevent evasion, given that the AD/CVD cash deposit rates 
established for LWRPT from China are higher than the AD cash deposit 
rates established for LWRPT from Korea and LWR tubing from Taiwan.\11\
---------------------------------------------------------------------------

    \10\ See China Orders.
    \11\ See Light-Walled Rectangular Pipe and Tube from Mexico, the 
People's Republic of China, and the Republic of Korea: Antidumping 
Duty Orders; Light-Walled Rectangular Pipe and Tube from the 
Republic of Korea: Notice of Amended Final Determination of Sales at 
Less Than Fair Value, 73 FR 45403 (August 5, 2008) (Korea Order); 
Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan; 
Final Results of Antidumping Duty Administrative Review, 57 FR 
24464, 24466 (June 9, 1992) (Taiwan Order).
---------------------------------------------------------------------------

    Where a certification is provided for the AD/CVD orders on LWRPT 
from China (stating that the merchandise was not produced using China-
origin HRS or was produced using an input other than 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 Taiwan Order (i.e., the AD cash deposit rate established for all-
others (18.05 percent)) under the following third country CBP case 
number: A-552-863-000.\12\ This is to prevent evasion, given that the 
AD cash deposit rate established for LWR tubing from Taiwan is higher 
than the AD cash deposit rate established for LWRPT from Korea.\13\
---------------------------------------------------------------------------

    \12\ See Taiwan Order.
    \13\ See Korea Order.
---------------------------------------------------------------------------

    Commerce established the following third CBP country case number in 
the Automated Commercial Environment (ACE) for entries of LWRPT 
produced in Vietnam using Korea-origin HRS: A-552-859-000. The cash 
deposit rate will be the Korea AD all-others rate (i.e., 15.79 
percent).\14\
---------------------------------------------------------------------------

    \14\ Id.
---------------------------------------------------------------------------

    For Hoa Phat, which will not be permitted to certify that its 
merchandise was not produced from China-origin HRS, Commerce will 
direct CBP, for all entries of LWRPT from Vietnam produced or exported 
by Hoa Phat, to suspend liquidation and require a cash deposit at the 
AD/CVD cash deposit rates established for LWRPT from China.\15\ 
Commerce established the following company-specific third country CBP 
case numbers for Hoa Phat: A-552-914-001 and C-552-915-001.
---------------------------------------------------------------------------

    \15\ Hoa Phat is not eligible to participate in the 
certification program as either producer or exporter. In addition, 
other parties exporting pipe products produced by Hoa Phat will 
likewise not be eligible to participate in the certification program 
with regard to such products.
---------------------------------------------------------------------------

    These suspension of liquidation instructions will remain in effect 
until further notice.

Certified Entries

    Entries for which the importer and exporter have met the 
certification requirements described below and in Appendix II to this 
notice will not be subject to suspension of liquidation, or the cash 
deposit requirements described above. Failure to comply with the 
applicable requisite certification requirements may result in the 
merchandise being subject to AD and CVD duties.

Certifications

    To administer the country-wide affirmative determination of 
circumvention, Commerce established importer and exporter 
certifications which allow companies to certify that specific entries 
of LWRPT from Vietnam are not subject to suspension of liquidation or 
the collection of cash deposits pursuant to this country-wide 
affirmative determination of circumvention because the merchandise was 
not made with China-origin HRS or was made with an input other than HRS 
(see Appendix II to this notice). Because Hoa Phat was non-cooperative, 
it is not eligible to use the certification described above.\16\
---------------------------------------------------------------------------

    \16\ See Preliminary Determination PDM at the ``Use of Facts 
Available with Adverse Inferences'' section; see also, e.g., Anti-
circumvention Inquiry of the Antidumping Duty Order on Certain Pasta 
from Italy: Affirmative Preliminary Determination of Circumvention 
of the Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998), 
unchanged in Anti-Circumvention Inquiry of the Antidumping Duty 
Order on Certain Pasta from Italy: Affirmative Final Determination 
of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675-
76 (October 13, 1998).
---------------------------------------------------------------------------

    Importers and exporters that claim that the entry of LWRPT is not 
subject to suspension of liquidation or the collection of cash deposits 
because the merchandise was not made with China-origin HRS or was made 
with an input other than 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

[[Page 77285]]

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 a broker, 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 LWRPT that 
was manufactured in Vietnam to the United States.
    Additionally, the claims made in the certifications and any 
supporting documentation are subject to verification by Commerce and/or 
CBP. Importers and exporters are required to maintain the 
certifications and supporting documentation until the later of: (1) the 
date that is five years after the latest entry date of the entries 
covered by the certification; or (2) the date that is three years after 
the conclusion of any litigation in United States courts regarding such 
entries.
    For all LWRPT 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 
already be complete and signed.
    For unliquidated entries (and entries for which liquidation has not 
become final) of LWRPT that were declared as non-AD/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/CVD type entries to AD/CVD type entries (e.g., type 01 to type 03). 
Importers should report those AD/CVD type entries using the third 
country CBP case numbers identified in the ``Suspension of Liquidation 
and Cash Deposit Requirements'' section, above. The importer should 
post cash deposits on those entries consistent with the regulations 
governing post summary corrections that require payment of additional 
duties, including AD/CVD duties.
    If it is determined that an importer or exporter has not met the 
certification and related documentation requirements for certain 
entries, Commerce intends to instruct CBP to suspend, pursuant to this 
country-wide affirmative determination of circumvention and the 
Orders,\17\ all unliquidated entries for which these requirements were 
not met and require the importer to post applicable cash deposits equal 
to the rates noted above.
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    \17\ See Orders.
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Opportunity To Request an Administrative Review

    Each year during the anniversary month of the publication of an AD 
or CVD order, finding, or suspended investigation, an interested party, 
as defined in section 771(9) of the Act, may request, in accordance 
with 19 CFR 351.213, that Commerce conduct an administrative review of 
that AD or CVD order, finding, or suspended investigation. Interested 
parties who wish that Commerce conducts an administrative review should 
wait until Commerce announces via the Federal Register the next window 
during the anniversary month of the publication of the AD or CVD order 
to submit such requests. The anniversary month for these Orders is 
August.

Administrative Protective Order

    This notice will serve as the only reminder to all parties subject 
to administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or 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 351.226(g)(2).

    Dated: November 2, 2023.
Abdelali Elouaradia,
Deputy 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. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Changes from the Preliminary Determination
VII. Discussion of the Issues
    Comment 1: Conflict Regarding the Timing of Certification 
Requirements
    Comment 2: Clarification in the Certification and Cash Deposit 
Instructions Concerning the Inclusion of HRS Further Processed in 
Vietnam Through a Cold-Rolling or Galvanizing Process
    Comment 3: Whether Commerce's Denial of Hoa Phat's Extension 
Request Was an Abuse of Discretion
    Comment 4: Whether Commerce Lacks Statutory Authority to Deny 
Hoa Phat a Certification Process, and the Selection of the AFA Rate
    Comment 5: Commerce Must Detail the Process for Correct Cash 
Deposit and Liquidation for Entries Produced or Exported by Hoa Phat
    Comment 6: Commerce Must Clarify the Suspension of Liquidation 
and Cash Deposit Requirements
    Comment 7: Whether the Production of Pipe from Imported HRS 
Constitutes ``Assembly or Completion'' Within the Meaning of the 
Statute
    Comment 8: Whether producers of LWRPT with Input Material Other 
Than HRS Are Subject to the Inquiry or Any of the Requirements 
Imposed by Commerce's Determination
    Comment 9: Whether Commerce's Determination That Vina One Is 
Circumventing the Taiwan Order Is in Accordance with Law When There 
Is Insufficient Record Evidence to Show All Statutory Factors Are 
Met
    Comment 10: Whether Vina One's Process of Finishing LWRPT in 
Vietnam from HRS Manufactured in China Is Minor and Insignificant 
Pursuant to Sections 781(b)(2)(A), (C) and (D) of the Act
    Comment 11: Whether the Production Process of LWRPT from HRS Is 
Minor or Insignificant Pursuant to Section 781(b)(2) of the Act, 
Exclusion of Non-Chinese-Origin Inputs
    Comment 12: Whether Commerce Properly Considered the Pattern of 
Trade and Sourcing

[[Page 77286]]

    Comment 13: Whether Affiliations Indicate that Action is Not 
Appropriate to Prevent Circumvention of the Orders Under Section 
781(b)(1)(E) of the Act
    Comment 14: Whether HRS Imports from China and Taiwan Indicate 
that Action Is Not Appropriate to Prevent Evasion of the Orders 
Under Section 781(b)(1)(E) of the Act
    Comment 15: Whether Commerce Should Apply Affirmative 
Circumvention Findings On a Country-Wide Basis
VIII. 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 
light-walled rectangular pipe and tube (LWRPT) produced in the 
Socialist Republic of 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 LWRPT, 
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 LWRPT 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 LWRPT 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) or an 
input other than HRS used to produce the imported LWRPT);
    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: State ``N/A'' for ``Country of Origin 
of HRS'' if the LWRPT covered by this certification was produced 
using inputs other than HRS.
    Producer:
    Producer's Address:
    G. The LWRPT covered by this certification does not contain HRS 
produced in the People's Republic of China (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. 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 and countervailing duty 
orders on LWRPT from China. I understand that such finding will 
result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the 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;
    N. 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.
    O. I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make material false statements to the U.S. government.

Signature
{NAME OF COMPANY OFFICIAL{time} 
{TITLE 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 light-walled welded rectangular 
pipe and tube (LWRPT) for which sales are identified below. ``Direct 
personal knowledge'' refers to facts the certifying party is 
expected to have in its own records. For example, an exporter should 
have direct personal knowledge of the producer's identity and 
location;
    C. The LWRPT covered by this certification was shipped to {NAME 
OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST 
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS 
SHIPPED{time} ;
    D. The LWRPT covered by this certification does not contain HRS 
produced in the People's Republic of China (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: State ``N/A'' if the producer did not 
use HRS in the production of the LWRPT.
    Location (Country) of Producer of HRS: State ``N/A'' if the 
producer did not use HRS in the production of LWRPT.
    F. The LWRPT 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} ;

[[Page 77287]]

    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 LWRPT from China. I understand that such a finding will 
result in:
    (i) suspension of all unliquidated entries (and entries for 
which liquidation has not become final) for which these requirements 
were not met;
    (ii) the importer being required to post the 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. 2023-24796 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-DS-P

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