Certain Welded Carbon Steel Standard Pipes and Tubes From India: Final Affirmative Determination of Circumvention of the Antidumping Duty Order, 77279-77283 [2023-24799]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77279-77283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24799]



[[Page 77279]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-502]


Certain Welded Carbon Steel Standard Pipes and Tubes From India: 
Final Affirmative Determination of Circumvention of the Antidumping 
Duty Order

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of certain welded carbon steel standard pipes and tubes (pipe 
and tube), completed in the Socialist Republic of Vietnam (Vietnam) 
using hot-rolled steel (HRS) produced in India, are circumventing the 
antidumping duty (AD) order on pipe and tube from India.

DATES: Applicable November 9, 2023.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0665.

SUPPLEMENTARY INFORMATION:

Background

    On May 12, 1986, Commerce published in the Federal Register the AD 
order on pipe and tube from India.\1\ On August 4, 2022, Commerce 
initiated a country-wide circumvention inquiry to determine whether 
certain imports of pipe and tube completed in Vietnam using HRS 
produced in India are circumventing the Order.\2\ On April 12, 2023, 
Commerce published in the Federal Register its Preliminary 
Determination that imports of pipe and tube completed in Vietnam using 
HRS produced in India are circumventing the Order.\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.
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    \1\ See Antidumping Duty Order; Certain Welded Carbon Steel 
Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986) 
(Order or India Order).
    \2\ See Circular Welded Carbon Quality Steel Pipe from the 
People's Republic of China; Certain Circular Welded Non-Alloy Steel 
Pipe from the Republic of Korea; Certain Welded Carbon Steel 
Standard Pipes and Tubes from India; Certain Circular Welded Carbon 
Steel Pipes and Tubes from Taiwan; Certain Circular Welded Non-Alloy 
Steel Pipe from Taiwan; Light-Walled Rectangular Pipe and Tube from 
the People's Republic of China; Light-Walled Rectangular Pipe and 
Tube from the Republic of Korea; Light-Walled Welded Rectangular 
Carbon Steel Tubing from Taiwan: Initiation of Circumvention 
Inquiries on the Antidumping and Countervailing Duty Orders, 87 FR 
47711 (August 4, 2022).
    \3\ See Certain Welded Carbon Steel Standard Pipes and Tubes 
from India: Preliminary Affirmative Determination of Circumvention 
of the Antidumping Duty Order, 88 FR 21994 (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 Duty Order on Certain 
Welded Carbon Steel Standard Pipes and Tubes from India,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order

    The products covered by the Order include certain welded carbon 
steel standard pipes and tubes with an outside diameter of 0.375 inch 
or more but not over 16 inches. For a full description of the scope of 
the Order, see the Issues and Decision Memorandum.

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers pipe and tube completed in 
Vietnam using India-origin HRS and subsequently exported from Vietnam 
to the United States (inquiry merchandise).

Methodology

    Commerce is conducting this circumvention inquiry in accordance 
with section 781(b) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.226. 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 5-23.
    \8\ See Issues and Decision Memorandum at 4.
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Determination of No Shipments

    Based on the information provided by Vietnam Haiphong Hongyuan 
Machinery Manufactory Co., Ltd. (Vietnam Haiphong) in this 
circumvention inquiry, Commerce continues to find, as it did in the 
Preliminary Determination, that Vietnam Haiphong had no shipments of 
inquiry merchandise to the United States during the period of inquiry, 
January 1, 2017, through December 31, 2021.\9\
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    \9\ See Preliminary Determination PDM at 12; see also Issues and 
Decision Memorandum at Comments 2 and 3.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this inquiry 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 did not revise the Preliminary Determination, except for 
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 pipe and tube were not produced 
using HRS.

Final Circumvention Determination

    As detailed in the Issues and Decision Memorandum, Commerce 
determines that pipe and tube completed in Vietnam using India-origin 
HRS and subsequently exported from Vietnam to the United States is 
circumventing the Order on a country-wide basis. As a result, in 
accordance with section 781(b) of the Act, we determine that the 
inquiry merchandise should be included within the scope of the Order. 
See the ``Suspension of Liquidation and Cash Deposit Requirements'' 
section, below, for details regarding suspension of liquidation and 
cash deposit requirements. See the ``Certifications'' and 
``Certification Requirements for Vietnam'' sections, below, for details 
regarding the use of certifications.

Suspension of Liquidation and Cash Deposit Requirements

    Based on the affirmative country-wide determination of 
circumvention for India, in accordance with 19 CFR 351.226(l)(3), we 
will direct U.S. Customs and Border Protection (CBP) to

[[Page 77280]]

suspend liquidation and require a cash deposit of estimated duties on 
unliquidated entries of pipe and tube completed in Vietnam using India-
origin HRS, that were entered, or withdrawn from warehouse, for 
consumption on or after August 4, 2022, the date of publication of the 
initiation of this circumvention inquiry in the Federal Register.
    Pipe and tube produced in Vietnam from HRS that is not of Indian 
origin is not subject to this inquiry. Therefore, cash deposits are not 
required for such merchandise under the India Order. However, Commerce 
finds that certain circular welded non-alloy steel pipe (CWP) completed 
in Vietnam using the People's Republic of China (China)-origin HRS is 
circumventing the AD and countervailing duty (CVD) orders on CWP from 
China, and CWP completed in Vietnam using the Republic of Korea 
(Korea)-origin HRS is circumventing the AD order on CWP from Korea.\10\ 
Imports of such merchandise are subject to certification requirements, 
and cash deposits may be required.
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    \10\ See the unpublished Federal Register notices, ``Certain 
Circular Welded Non-Alloy Steel Pipe from the People's Republic of 
China: Final Affirmative Determination of Circumvention of the 
Antidumping and Countervailing Duty Orders,'' and ``Certain Circular 
Welded Non-Alloy Steel Pipe from the Republic of Korea: Final 
Affirmative Determination of Circumvention of the Antidumping Duty 
Order,'' dated concurrently with this notice.
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    If an importer imports pipe and tube from Vietnam and claims that 
the pipe and tube was not produced from India-origin HRS, or 
alternately, claims that the pipe and tube was produced using an input 
other the 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 India Order 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 pipe and 
tube were not produced using HRS.
    Where no certification is provided for an entry, and AD/CVD orders 
from three countries (China, India, or Korea) potentially apply to that 
entry, Commerce intends to instruct CBP to suspend the entry and 
collect cash deposits at the rate applicable to the AD and CVD orders 
on CWP from China (i.e., the AD cash deposit rate established for the 
China-wide entity (85.55 percent) and the CVD cash deposit rate 
established for all-others (39.01 percent)) under the following third 
country CBP case numbers: A-552-009-000 and C-552-010-000.\11\ This is 
to prevent evasion, given that the AD/CVD cash deposit rates 
established for CWP from China are higher than the AD cash deposit 
rates established for pipe and tube from India and CWP from Korea.
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    \11\ See Notice of Antidumping Duty Order: Circular Welded 
Carbon Quality Steel Pipe from the People's Republic of China, 73 FR 
42547 (July 22, 2008); and Circular Welded Carbon Quality Steel Pipe 
from the People's Republic of China: Notice of Amended Final 
Affirmative Countervailing Duty Determination and Notice of 
Countervailing Duty Order, 73 FR 42545 (July 22, 2008).
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    Where a certification is provided for the AD/CVD orders on CWP from 
China (stating that the merchandise was not produced using China-origin 
HRS 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 India Order (i.e., the AD case deposit rate established for all-
others (7.08 percent)) under the following third country CBP case 
number: A-552-012-000.\12\ This is to prevent evasion, given that the 
AD cash deposit rate established for pipe and tube from India is higher 
than the AD cash deposit rate established for CWP from Korea.
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    \12\ See India Order.
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    Commerce established the following third country CBP case number in 
the Automated Commercial Environment (ACE) for entries of pipe and tube 
produced in Vietnam using India-origin HRS: A-552-012-000. Commerce 
also established the following company-specific third country CBP case 
number for SeAH VINA, for which Commerce made an affirmative 
determination of circumvention, for entries of pipe and tube produced 
in Vietnam using India-origin HRS: A-552-012-001. The cash deposit rate 
will be the India AD all-others rate (i.e., 7.08 percent).\13\
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    \13\ Id.
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    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 for Vietnam, Commerce established importer and exporter 
certifications which allow companies to certify that specific entries 
of pipe and tube 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 India-origin HRS or was made with an 
input other than HRS (see Appendix II to this notice).
    Importers and exporters that claim that the entry of pipe and tube 
is not subject to suspension of liquidation or the collection of cash 
deposits because the merchandise was not made with India-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 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 pipe and 
tube that was manufactured in Vietnam to the United States.

[[Page 77281]]

    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 pipe and tube 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 pipe and tube that were declared as non-AD type 
entries (e.g., type 01) and entered, or withdrawn from warehouse, for 
consumption in the United States during the period August 4, 2022 (the 
date of initiation of these circumvention inquiries), through the date 
of publication of the Preliminary Determination in the Federal 
Register, for which none of the above certifications may be made, 
importers must file a Post Summary Correction with CBP, in accordance 
with CBP's regulations, regarding conversion of such entries from non-
AD type entries to AD type entries (e.g., type 01 to type 03). 
Importers should report those AD type entries using the third country 
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 
Order,\14\ all unliquidated entries for which these requirements were 
not met and require the importer to post applicable cash deposits equal 
to the rates noted above.
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    \14\ See Order.
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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. An 
interested party who would like Commerce to conduct an administrative 
review should wait until Commerce announces via the Federal Register 
the next opportunity to request a review during the anniversary month 
of the publication of the AD order to submit such requests. The 
anniversary month for this Order is May.

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 Order
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: Certification Requirements for Vietnam Haiphong
    Comment 4: Whether Commerce Is Bound by its Previous 
Determination That SeAH VINA's Exports of Pipe Produced Using 
Imported HRS Are Products of Vietnam
    Comment 5: Whether Commerce May Impose Antidumping or 
Countervailing Duties in the Absence of Evidence of Injurious 
Dumping or Subsidies on SeAH VINA's Pipe Exports
    Comment 6: Whether the Production of Pipe From Imported HRS 
Constitutes ``Assembly or Completion'' Within the Meaning of the 
Statute
    Comment 7: Whether the Process of Completion of Pipe in Vietnam 
Is Minor or Insignificant
    Comment 8: Whether Commerce Properly Considered the Lack of 
Affiliations
    Comment 9: Whether Commerce Properly Considered the Pattern of 
Trade and Sourcing
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 
certain welded carbon steel standard pipes and tubes (pipe and tube) 
produced in Vietnam that entered under entry summary number(s), 
identified below, and are covered by this certification. ``Direct 
personal knowledge'' refers to facts the certifying party is 
expected to have in its own records. For example, the importer 
should have direct personal knowledge of the importation of pipe and 
tube, 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 pipe and tube 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 pipe and tube 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 pipe and tube);
    F. This certification applies to the following entries (repeat 
this block as many times as necessary):

[[Page 77282]]

    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 pipe and tube covered by this certification was 
produced using inputs other than HRS.
    Producer:
    Producer's Address:
    G. The pipe and tube covered by this certification does not 
contain HRS produced in India;
    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 
submit a copy of the importer and exporter certifications as part of 
the entry summary by uploading them into the document imaging system 
(DIS) in ACE, and to provide U.S. Customs and Border Protection 
(CBP) and/or the U.S. Department of Commerce (Commerce) with the 
importer certification, and any supporting documentation, and a copy 
of the exporter's certification, and any supporting documentation 
provided to the importer by the exporter, upon request of either 
agency;
    K. I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
    L. I understand that failure to maintain the required 
certification and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all entries to which this certification applies 
are within the scope of the antidumping duty (AD) order on pipe and 
tube from India. 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); located at {ADDRESS OF FOREIGN COMPANY THAT MADE THE 
SALE TO THE UNITED STATES);
    B. I have direct personal knowledge of the facts regarding the 
production and exportation of the certain welded carbon steel 
standard pipes and tubes (pipe and tube) 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 pipe and tube 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 pipe and tube covered by this certification does not 
contain HRS produced in India;
    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 pipe and tube.
    Location (Country) of Producer of HRS: State ``N/A'' if the 
producer did not use HRS in the production of pipe and tube.
    F. The pipe and tube covered by this certification was shipped 
to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} , 
located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
    G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE 
TO THE UNITED STATES{time}  is required to maintain a copy of this 
certification and sufficient documentation supporting this 
certification (i.e., documents maintained in the normal course of 
business, or documents obtained by the certifying party, for 
example, product data sheets, mill test reports, productions 
records, invoices, etc.) until the later of: (1) the date that is 
five years after the latest date of the entries covered by the 
certification; or (2) the date that is three years after the 
conclusion of any litigation in the United States courts regarding 
such entries;
    H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE 
TO THE UNITED STATES{time}  is required to provide the U.S. importer 
with a copy of this certification and is required to provide U.S. 
Customs and Border Protection (CBP) and/or the U.S. Department of 
Commerce (Commerce) with this certification, and any supporting 
documents, upon request of either agency;
    I. I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
    J. I understand that failure to maintain the required 
certification and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all sales to which this certification applies are 
within the scope of the antidumping duty order on pipe and tube from 
India. 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

[[Page 77283]]

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. 2023-24799 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-DS-P