Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: Final Affirmative Determination of Circumvention of the Antidumping Duty Order, 77274-77278 [2023-24803]
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77274
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
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 certain circular welded
non-alloy steel pipe (CWP) for which sales
are identified below. ‘‘Direct personal
knowledge’’ refers to facts the certifying party
is expected to have in its own records. For
example, an exporter should have direct
personal knowledge of the producer’s
identity and location;
C. The CWP covered by this certification
was shipped to {NAME OF PARTY IN THE
UNITED STATES TO WHOM
MERCHANDISE WAS FIRST SHIPPED},
located at {U.S. ADDRESS TO WHICH
MERCHANDISE WAS SHIPPED};
D. The CWP covered by this certification
does not contain HRS produced in Korea;
E. This certification applies to the
following sales to {NAME OF U.S.
CUSTOMER}, located at {ADDRESS OF U.S.
CUSTOMER} (repeat this block as many
times as necessary):
Foreign Seller’s Invoice # to U.S. Customer:
Foreign Seller’s Invoice to U.S. Customer
Line item #:
Producer Name:
Producer’s Address:
Producer’s Invoice # to Foreign Seller: (If
the foreign seller and the producer are the
same party, put NA here.)
Name of Producer of HRS: State ‘‘N/A’’ if
the producer did not use HRS in the
production of CWP.
Location (Country) of Producer of HRS:
State ‘‘N/A’’ if the producer did not use HRS
in the production of CWP.
F. The CWP covered by this certification
was shipped to {NAME OF U.S. PARTY TO
WHOM MERCHANDISE WAS SHIPPED},
located at {U.S. ADDRESS TO WHICH
MERCHANDISE WAS SHIPPED};
G. I understand that {NAME OF FOREIGN
COMPANY THAT MADE THE SALE TO
THE UNITED STATES} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
product data sheets, mill test reports,
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18:22 Nov 08, 2023
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productions records, invoices, etc.) until the
later of: (1) the date that is five years after the
latest date of the entries covered by the
certification; or (2) the date that is three years
after the conclusion of any litigation in the
United States courts regarding such entries;
H. I understand that {NAME OF FOREIGN
COMPANY THAT MADE THE SALE TO
THE UNITED STATES} is required to
provide the U.S. importer with a copy of this
certification and is required to provide U.S.
Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce
(Commerce) with this certification, and any
supporting documents, upon request of either
agency;
I. I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce;
J. I understand that failure to maintain the
required certification and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing CBP
and/or Commerce to verify the claims made
herein, may result in a de facto
determination that all sales to which this
certification applies are within the scope of
the antidumping duty order on CWP from
Korea. I understand that such a finding will
result in:
(i) suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met;
(ii) the importer being required to post the
cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being
allowed to participate in the certification
process.
K. I understand that agents of the seller/
exporter, such as freight forwarding
companies or brokers, are not permitted to
make this certification.
L. This certification was completed and
signed, and a copy of the certification was
provided to the importer, on, or prior to, the
date of shipment if the shipment date is more
than 14 days after the date of publication of
the notice of Commerce’s preliminary
determination of circumvention in the
Federal Register. If the shipment date is on
or before the 14th day after the date of
publication of the notice of Commerce’s
preliminary determination of circumvention
in the Federal Register, this certification was
completed and signed, and a copy of the
certification was provided to the importer, by
no later than 45 days after publication of the
notice of Commerce’s preliminary
determination of circumvention in the
Federal Register; and
M. I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
[FR Doc. 2023–24802 Filed 11–8–23; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–803]
Light-Walled Welded Rectangular
Carbon Steel Tubing From Taiwan:
Final Affirmative Determination of
Circumvention of the Antidumping
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of light-walled welded
rectangular carbon steel tubing (LWR
tubing) from Taiwan, completed in the
Socialist Republic of Vietnam (Vietnam)
using hot-rolled steel (HRS) produced in
Taiwan, are circumventing the
antidumping duty (AD) order on LWR
tubing from Taiwan.
DATES: Applicable November 9, 2023.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen or Christopher Williams,
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) 482–3683 or
(202) 482–5166, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 27, 1989, Commerce
published in the Federal Register the
AD order on LWR tubing from Taiwan.1
On August 4, 2022, Commerce initiated
a country-wide circumvention inquiry
to determine whether certain imports of
LWR tubing completed in Vietnam
using HRS produced in Taiwan are
circumventing the Order.2 On April 12,
2023, Commerce published in the
Federal Register its Preliminary
Determination that imports of LWR
Tubing completed in Vietnam using
HRS produced in Taiwan are
1 See Antidumping Duty Order; Light-Walled
Welded Rectangular Carbon Steel Tubing from
Taiwan, 54 FR 12467 (March 27, 1989) (Order or
Taiwan 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).
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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
circumventing the Order.3 On May 15,
2023, Commerce extended the deadline
for the final determination in this
circumvention inquiry to August 4,
2023.4 On July 20, 2023, Commerce
again extended the deadline for the final
determination in this circumvention
inquiry 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 Order
The product covered by the Order is
light-walled welded carbon steel pipe
and tube of rectangular (including
square) cross-section having a wall
thickness of less than 0.156 inch. 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
LWR tubing completed in Vietnam
using Taiwan-origin HRS, which is
subsequently exported from Vietnam to
the United States (inquiry merchandise).
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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
3 See Light-Walled Welded Rectangular Carbon
Steel Tubing from Taiwan: Preliminary Affirmative
Determination of Circumvention of the
Antidumping Duty Order, 88 FR 21980 (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 Light-Walled Welded
Rectangular Carbon Steel Tubing from Taiwan,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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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 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
LWR tubing were not produced using
HRS.
Final Circumvention Determination
As detailed in the Issues and Decision
Memorandum, Commerce determines
that LWR tubing completed in Vietnam
using Taiwan-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
Taiwan, 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 LWR tubing
completed in Vietnam using Taiwanorigin 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.
LWR tubing produced in Vietnam
from HRS that is not of Taiwan origin
7 See
8 See
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Issues and Decision Memorandum at 2.
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77275
is not subject to this inquiry. Therefore,
cash deposits are not required for such
merchandise under the Taiwan Order.
However, Commerce finds that lightwalled rectangular pipe and tube
(LWRPT) completed in Vietnam using
the People’s Republic of China (China)origin HRS is circumventing the AD and
countervailing duty (CVD) orders on
LWRPT from China, and LWRPT from
Republic of Korea (Korea) completed in
Vietnam using Korea-origin HRS is
circumventing the AD order on LWRPT
from Korea.9 Imports of such
merchandise are subject to certification
requirements, and cash deposits may be
required.
If an importer imports LWR tubing
from Vietnam and claims that the LWR
tubing was not produced from Taiwanorigin HRS, or alternatively, claims that
the LWR tubing was produced using an
input other than HRS, in order to not be
subject to the Taiwan Order cash
deposit requirements, the importer and
exporter are required to meet the
certification and documentation
requirements described in the
‘‘Certifications’’ and ‘‘Certification
Requirements for Vietnam’’ sections,
below.
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 LWR tubing 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
9 See the unpublished Federal Register notices,
‘‘Light-Walled Rectangular Pipe and Tube from the
People’s Republic of China: Final Affirmative
Determination of Circumvention of the
Antidumping and Countervailing Duty Orders,’’
and ‘‘Light-Walled Welded Rectangular Carbon
Steel Tubing from Korea: Final Affirmative
Determination of Circumvention of the
Antidumping Duty Order,’’ dated concurrently with
this notice.
10 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
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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.
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–552–863–000.11 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.
Commerce established the following
third country CBP case number in the
Automated Commercial Environment
(ACE) for entries of LWR tubing
produced in Vietnam using Taiwanorigin HRS: A–552–863–000. Commerce
also established the following companyspecific third country CBP case number
for Vina One, for which Commerce
made an affirmative determination of
circumvention, for entries of LWR
tubing produced in Vietnam using
Taiwan-origin HRS: A–552–863–001.
The cash deposit rate will be the Taiwan
AD all-others rate (i.e., 18.05 percent).12
For Hoa Phat Steel Pipe Co., Ltd. (Hoa
Phat), which will not be permitted to
certify that its merchandise was not
produced from Taiwan-origin HRS,
Commerce will direct CBP, for all
entries of LWR tubing 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.13 Commerce established the
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.
Rectangular Pipe and Tube from the People’s
Republic of China: Notice of Countervailing Duty
Order, 73 FR 45405 (August 5, 2008).
11 See Taiwan Order.
12 Id.
13 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.
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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 LWR tubing 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 Taiwan-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.14
Importers and exporters that claim
that the entry of LWR tubing is not
subject to suspension of liquidation or
the collection of cash deposits because
the merchandise was not made with
Taiwan-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
14 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).
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exporter’s certification to CBP as part of
the entry process by uploading them
into the document imaging system 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 LWR tubing 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 LWR tubing 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 completed and signed.
For unliquidated entries (and entries
for which liquidation has not become
final) of LWR tubing 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
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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,15 all
unliquidated entries for which these
requirements were not met and require
the importer to post applicable cash
deposits equal to the rates noted above.
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 March.
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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).
15 See
Order.
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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: Whether Commerce’s Denial
of Hoa Phat’s Extension Requests was
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
LWR tubing from Imported HRS
Constitutes ‘‘Assembly or Completion’’
Within the Meaning of the Statute
Comment 8: Whether Producers of LWR
Tubing 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 LWR tubing in Vietnam
from HRS Manufactured in Taiwan is
Minor and Insignificant Pursuant to
Sections 781(b)(2)(A), (C) and (D) of the
Act
Comment 11: Whether the Record Supports
a Finding That the Production Process of
LWR Tubing from Taiwan-Origin HRS is
Minor or Insignificant Pursuant to
Section 781(b)(2)(E) of the Act
Comment 12: Whether Commerce Properly
Considered the Pattern of Trade and
Sourcing
Comment 13: Whether Affiliations Indicate
That Action is not Appropriate to
Prevent Circumvention of the Orders
Under 781(b)(1)(E)
Comment 14: Whether HRS Imports from
Taiwan Indicate that Action is not
Appropriate to Prevent Evasion of the
Orders Under Section 781(b)(1)(E) of the
Act
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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} 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 welded rectangular carbon steel
tubing (LWR tubing) 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 LWR tubing,
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 LWR tubing 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 LWR tubing 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
LWR tubing);
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 LWR
tubing covered by this certification was
produced using inputs other than HRS.
Producer:
Producer’s Address:
G. The LWR tubing covered by this
certification does not contain HRS produced
in Taiwan;
H. I understand that {IMPORTING
COMPANY} is required to maintain a copy
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77278
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
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 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 LWR
tubing from Taiwan. 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
VerDate Sep<11>2014
18:22 Nov 08, 2023
Jkt 262001
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 carbon steel tubing from Taiwan
(LWR tubing) 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 LWR tubing 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 LWR tubing covered by this
certification does not contain HRS produced
in Taiwan;
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 LWR tubing.
Location (Country) of Producer of HRS:
State ‘‘N/A’’ if the producer did not use HRS
in the production of LWR tubing.
F. The LWR tubing covered by this
certification was shipped to {NAME OF U.S.
PARTY TO WHOM MERCHANDISE WAS
SHIPPED}, located at {U.S. ADDRESS TO
WHICH MERCHANDISE WAS SHIPPED};
G. I understand that {NAME OF FOREIGN
COMPANY THAT MADE THE SALE TO
THE UNITED STATES} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
PO 00000
Frm 00022
Fmt 4703
Sfmt 9990
product data sheets, mill test reports,
productions records, invoices, etc.) until the
later of: (1) the date that is five years after the
latest date of the entries covered by the
certification; or (2) the date that is three years
after the conclusion of any litigation in the
United States courts regarding such entries;
H. I understand that {NAME OF FOREIGN
COMPANY THAT MADE THE SALE TO
THE UNITED STATES} is required to
provide the U.S. importer with a copy of this
certification and is required to provide U.S.
Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce
(Commerce) with this certification, and any
supporting documents, upon request of either
agency;
I. I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce;
J. I understand that failure to maintain the
required certification and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing CBP
and/or Commerce to verify the claims made
herein, may result in a de facto
determination that all sales to which this
certification applies are within the scope of
the antidumping duty order on LWR tubing
from Taiwan. 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}
{TITLE OF COMPANY OFFICIAL}
{DATE}
[FR Doc. 2023–24803 Filed 11–8–23; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77274-77278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24803]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-803]
Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan:
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 light-walled welded rectangular carbon steel tubing (LWR
tubing) from Taiwan, completed in the Socialist Republic of Vietnam
(Vietnam) using hot-rolled steel (HRS) produced in Taiwan, are
circumventing the antidumping duty (AD) order on LWR tubing from
Taiwan.
DATES: Applicable November 9, 2023.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Christopher Williams,
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) 482-3683 or (202)
482-5166, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 27, 1989, Commerce published in the Federal Register the
AD order on LWR tubing from Taiwan.\1\ On August 4, 2022, Commerce
initiated a country-wide circumvention inquiry to determine whether
certain imports of LWR tubing completed in Vietnam using HRS produced
in Taiwan are circumventing the Order.\2\ On April 12, 2023, Commerce
published in the Federal Register its Preliminary Determination that
imports of LWR Tubing completed in Vietnam using HRS produced in Taiwan
are
[[Page 77275]]
circumventing the Order.\3\ On May 15, 2023, Commerce extended the
deadline for the final determination in this circumvention inquiry to
August 4, 2023.\4\ On July 20, 2023, Commerce again extended the
deadline for the final determination in this circumvention inquiry 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.
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order; Light-Walled Welded Rectangular
Carbon Steel Tubing from Taiwan, 54 FR 12467 (March 27, 1989) (Order
or Taiwan 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 Light-Walled Welded Rectangular Carbon Steel Tubing from
Taiwan: Preliminary Affirmative Determination of Circumvention of
the Antidumping Duty Order, 88 FR 21980 (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 Light-Walled
Welded Rectangular Carbon Steel Tubing from Taiwan,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is light-walled welded carbon
steel pipe and tube of rectangular (including square) cross-section
having a wall thickness of less than 0.156 inch. 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 LWR tubing completed in Vietnam
using Taiwan-origin HRS, which is 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\
---------------------------------------------------------------------------
\7\ See Preliminary Determination PDM at 3-12.
\8\ See Issues and Decision Memorandum at 2.
---------------------------------------------------------------------------
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 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 LWR tubing were not produced
using HRS.
Final Circumvention Determination
As detailed in the Issues and Decision Memorandum, Commerce
determines that LWR tubing completed in Vietnam using Taiwan-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 Taiwan, 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 LWR tubing completed in Vietnam using Taiwan-
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.
LWR tubing produced in Vietnam from HRS that is not of Taiwan
origin is not subject to this inquiry. Therefore, cash deposits are not
required for such merchandise under the Taiwan Order. However, Commerce
finds that light-walled rectangular pipe and tube (LWRPT) completed in
Vietnam using the People's Republic of China (China)-origin HRS is
circumventing the AD and countervailing duty (CVD) orders on LWRPT from
China, and LWRPT from Republic of Korea (Korea) completed in Vietnam
using Korea-origin HRS is circumventing the AD order on LWRPT from
Korea.\9\ Imports of such merchandise are subject to certification
requirements, and cash deposits may be required.
---------------------------------------------------------------------------
\9\ See the unpublished Federal Register notices, ``Light-Walled
Rectangular Pipe and Tube from the People's Republic of China: Final
Affirmative Determination of Circumvention of the Antidumping and
Countervailing Duty Orders,'' and ``Light-Walled Welded Rectangular
Carbon Steel Tubing from Korea: Final Affirmative Determination of
Circumvention of the Antidumping Duty Order,'' dated concurrently
with this notice.
---------------------------------------------------------------------------
If an importer imports LWR tubing from Vietnam and claims that the
LWR tubing was not produced from Taiwan-origin HRS, or alternatively,
claims that the LWR tubing was produced using an input other than HRS,
in order to not be subject to the Taiwan Order cash deposit
requirements, the importer and exporter are required to meet the
certification and documentation requirements described in the
``Certifications'' and ``Certification Requirements for Vietnam''
sections, below.
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 LWR
tubing 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\
[[Page 77276]]
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.
---------------------------------------------------------------------------
\10\ 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).
---------------------------------------------------------------------------
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.\11\ 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.
---------------------------------------------------------------------------
\11\ See Taiwan Order.
---------------------------------------------------------------------------
Commerce established the following third country CBP case number in
the Automated Commercial Environment (ACE) for entries of LWR tubing
produced in Vietnam using Taiwan-origin HRS: A-552-863-000. Commerce
also established the following company-specific third country CBP case
number for Vina One, for which Commerce made an affirmative
determination of circumvention, for entries of LWR tubing produced in
Vietnam using Taiwan-origin HRS: A-552-863-001. The cash deposit rate
will be the Taiwan AD all-others rate (i.e., 18.05 percent).\12\
---------------------------------------------------------------------------
\12\ Id.
---------------------------------------------------------------------------
For Hoa Phat Steel Pipe Co., Ltd. (Hoa Phat), which will not be
permitted to certify that its merchandise was not produced from Taiwan-
origin HRS, Commerce will direct CBP, for all entries of LWR tubing
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.\13\ Commerce established the following company-
specific third country CBP case numbers for Hoa Phat: A-552-914-001 and
C-552-915-001.
---------------------------------------------------------------------------
\13\ 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 LWR tubing 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 Taiwan-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.\14\
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\14\ 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 LWR tubing is
not subject to suspension of liquidation or the collection of cash
deposits because the merchandise was not made with Taiwan-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 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 LWR tubing
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 LWR tubing 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 completed and signed.
For unliquidated entries (and entries for which liquidation has not
become final) of LWR tubing 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
[[Page 77277]]
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,\15\ all unliquidated entries for which these requirements were
not met and require the importer to post applicable cash deposits equal
to the rates noted above.
---------------------------------------------------------------------------
\15\ See Order.
---------------------------------------------------------------------------
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 March.
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: Whether Commerce's Denial of Hoa Phat's Extension
Requests was 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 LWR tubing from Imported
HRS Constitutes ``Assembly or Completion'' Within the Meaning of the
Statute
Comment 8: Whether Producers of LWR Tubing 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 LWR tubing
in Vietnam from HRS Manufactured in Taiwan is Minor and
Insignificant Pursuant to Sections 781(b)(2)(A), (C) and (D) of the
Act
Comment 11: Whether the Record Supports a Finding That the
Production Process of LWR Tubing from Taiwan-Origin HRS is Minor or
Insignificant Pursuant to Section 781(b)(2)(E) of the Act
Comment 12: Whether Commerce Properly Considered the Pattern of
Trade and Sourcing
Comment 13: Whether Affiliations Indicate That Action is not
Appropriate to Prevent Circumvention of the Orders Under
781(b)(1)(E)
Comment 14: Whether HRS Imports from 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 welded rectangular carbon steel tubing (LWR tubing)
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 LWR
tubing, 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 LWR tubing 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 LWR tubing 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 LWR tubing);
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 LWR tubing covered by this certification was
produced using inputs other than HRS.
Producer:
Producer's Address:
G. The LWR tubing covered by this certification does not contain
HRS produced in Taiwan;
H. I understand that {IMPORTING COMPANY{time} is required to
maintain a copy
[[Page 77278]]
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 LWR
tubing from Taiwan. 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 light-walled welded rectangular
carbon steel tubing from Taiwan (LWR tubing) 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 LWR tubing 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 LWR tubing covered by this certification does not contain
HRS produced in Taiwan;
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 LWR tubing.
Location (Country) of Producer of HRS: State ``N/A'' if the
producer did not use HRS in the production of LWR tubing.
F. The LWR tubing 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 LWR tubing from
Taiwan. 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. 2023-24803 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-DS-P
