Circular Welded Carbon Quality Steel Pipe From the People's Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders, 77287-77291 [2023-24806]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product data sheets, mill test reports, productions records, invoices, etc.) until the later of: (1) the date that is five years after the latest date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in the United States courts regarding such entries; H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES} is required to provide the U.S. importer with a copy of this certification and is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with this certification, and any supporting documents, upon request of either agency; I. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; J. I understand that failure to maintain the required certification and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are within the scope of the antidumping duty and countervailing duty orders on LWRPT from China. I understand that such a finding will result in: (i) suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; (ii) the importer being required to post the cash deposits determined by Commerce; and (iii) the seller/exporter no longer being allowed to participate in the certification process. K. I understand that agents of the seller/ exporter, such as freight forwarding companies or brokers, are not permitted to make this certification. L. This certification was completed and signed, and a copy of the certification was provided to the importer, on, or prior to, the date of shipment if the shipment date is more than 14 days after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register. If the shipment date is on or before the 14th day after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register, this certification was completed and signed, and a copy of the certification was provided to the importer, by no later than 45 days after publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register; and M. I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. VerDate Sep<11>2014 18:22 Nov 08, 2023 Jkt 262001 Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} [FR Doc. 2023–24796 Filed 11–8–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–910, C–570–911] Circular Welded Carbon Quality Steel Pipe From the People’s Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that imports of circular welded carbon quality steel pipe (CWP), completed in the Socialist Republic of Vietnam (Vietnam) using hot-rolled steel (HRS) produced in the People’s Republic of China (China), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on CWP from China. DATES: Applicable November 9, 2023. FOR FURTHER INFORMATION CONTACT: Krisha Hill, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4037. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 22, 2008, Commerce published in the Federal Register the AD and CVD orders on CWP from China.1 On August 4, 2022, Commerce initiated a country-wide circumvention inquiry to determine whether certain imports of CWP completed in Vietnam using HRS produced in China are circumventing the Orders.2 On April 12, 1 See Notice of Antidumping Duty Order: Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China, 73 FR 42547 (July 22, 2008); and Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 73 FR 42545 (July 22, 2008) (collectively, Orders or China Orders). 2 See Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China; Certain Circular Welded Non-Alloy Steel Pipe from the Republic of Korea; Certain Welded Carbon Steel Standard Pipes and Tubes from India; Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan; Certain Circular Welded Non-Alloy Steel Pipe from Taiwan; Light-Walled Rectangular Pipe and Tube from the People’s Republic of China; PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 77287 2023, Commerce published in the Federal Register its Preliminary Determination that imports of CWP completed in Vietnam using HRS produced in China are circumventing the Orders.3 On May 15, 2023, Commerce extended the deadline for the final determination of this circumvention inquiry to August 4, 2023.4 On July 20, 2023, Commerce further extended the deadline for the final determination to November 2, 2023.5 For a summary of events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for consideration in the final determination, see the Issues and Decision Memorandum.6 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Orders The products covered by the Orders include certain welded carbon quality steel pipes and tubes, of circular crosssection, and with an outside diameter of 0.372 inches or more, but not more than 16 inches. For a full description of the scope of the Orders, see the Issues and Decision Memorandum. Merchandise Subject to the Circumvention Inquiry This circumvention inquiry covers CWP completed in Vietnam using China-origin HRS and subsequently Light-Walled Rectangular Pipe and Tube from the Republic of Korea; Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan: Initiation of Circumvention Inquiries on the Antidumping and Countervailing Duty Orders, 87 FR 47711 (August 4, 2022). 3 See Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Order, 88 FR 21975 (April 12, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 4 See Memorandum, ‘‘Extension of Deadline for Issuing Final Determinations in Circumvention Inquiries,’’ dated May 15, 2023. 5 See Memorandum, ‘‘Extension of Deadline for Issuing Final Determinations in Circumvention Inquiries,’’ dated July 20, 2023. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Circumvention Inquiry of the Antidumping and Countervailing Duty Orders on Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\09NON1.SGM 09NON1 77288 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 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 Decision Memorandum 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 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 ddrumheller on DSK120RN23PROD with NOTICES1 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 CWP were not produced using HRS. Final Circumvention Determination As detailed in the Issues and Decision Memorandum, Commerce determines that CWP completed in Vietnam using China-origin HRS and subsequently exported from Vietnam to the United States is circumventing the Orders on a country-wide basis. As a result, in accordance with section 781(b) of the Act, we determine that the inquiry merchandise should be included within the scope of the Orders. See the ‘‘Suspension of Liquidation and Cash Deposit Requirements’’ section, below, for details regarding suspension of liquidation and cash deposit requirements. See the ‘‘Certifications’’ 7 See Preliminary Determination PDM at 6–25. Issues and Decision Memorandum at 5. 9 See Preliminary Determination PDM at 13–14; see also Issues and Decision Memorandum at Comments 2 and 3. 8 See VerDate Sep<11>2014 18:22 Nov 08, 2023 Jkt 262001 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 China, 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 CWP completed in Vietnam using China-origin HRS, that were entered, or withdrawn from warehouse, for consumption on or after August 4, 2022, the date of publication of the initiation of this circumvention inquiry in the Federal Register. CWP produced in Vietnam from HRS that is not of Chinese origin is not subject to this inquiry. Therefore, cash deposits are not required for such merchandise under the China Orders. However, Commerce finds that certain welded carbon steel standard pipes and tubes (pipe and tube) completed in Vietnam using India-origin HRS is circumventing the AD order on pipe and tube from India, 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. If an importer imports CWP from Vietnam and claims that the CWP was not produced from China-origin HRS, or alternately, claims that the CWP was produced using an input other than HRS, the importer and exporter are required to meet the certification and documentation requirements described in the ‘‘Certifications’’ and ‘‘Certification Requirements for Vietnam’’ sections below in order to not be subject to the China Orders cash deposit requirements. See Appendix II for the revised importer and exporter certifications, which we have modified in response to comments to allow parties to also use the certifications when their shipments of CWP 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, 10 See the unpublished Federal Register notices, ‘‘Certain Welded Carbon Steel Standard Pipes and Tubes from India: Final Affirmative Determination of Circumvention of the Antidumping Duty Order,’’ 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. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 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. 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 cash deposit rate established for allothers (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. Commerce established the following third country CBP case numbers in the Automated Commercial Environment (ACE) for entries of CWP produced in Vietnam using China-origin HRS: A– 552–009–000 and C–552–010–000. Commerce established the following company-specific third country CBP case numbers for SeAH VINA, for which Commerce made an affirmative determination of circumvention, for entries of CWP produced in Vietnam using China-origin HRS: A–552–009– 001 and C–552–010–001. The cash deposit rates will be the China-wide entity AD rate (i.e., 85.55 percent) and the China CVD all-others rate (i.e., 39.01 percent), respectively.13 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 11 See Orders or China Orders. Antidumping Duty Order; Certain Welded Carbon Steel Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986) (India Order). 13 See Orders or China Orders. 12 See E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 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. ddrumheller on DSK120RN23PROD with NOTICES1 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 CWP from Vietnam are not subject to suspension of liquidation or the collection of cash deposits pursuant to this country-wide affirmative determination of circumvention because the merchandise was not made with China-origin HRS or was made with an input other than HRS (see Appendix II to this notice). Importers and exporters that claim that the entry of CWP is not subject to suspension of liquidation or the collection of cash deposits because the merchandise was not made with Chinaorigin HRS or was made with an input other than HRS must complete the applicable certification and meet the certification and documentation requirements described below, as well as the requirements identified in the applicable certification. Certification Requirements for Vietnam Importers are required to complete and maintain the applicable importer certification, and maintain a copy of the 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, VerDate Sep<11>2014 18:22 Nov 08, 2023 Jkt 262001 and dated by the time of shipment of the relevant entries. The exporter certification should be completed by the party selling the CWP that was manufactured in Vietnam to the United States. Additionally, the claims made in the certifications and any supporting documentation are subject to verification by Commerce 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 CWP from Vietnam that was entered, or withdrawn from warehouse, for consumption during the period August 4, 2022 (the date of initiation of this circumvention inquiry), through the date of publication of the Preliminary Determination in the Federal Register, where the entry has not been liquidated (and entries for which liquidation has not become final), the relevant certification should already be complete and signed. For unliquidated entries (and entries for which liquidation has not become final) of CWP that were declared as nonAD/CVD type entries (e.g., type 01) and entered, or withdrawn from warehouse, for consumption in the United States during the period August 4, 2022 (the date of initiation of these circumvention inquiries), through the date of publication of the Preliminary Determination in the Federal Register, for which none of the above certifications may be made, importers must file a Post Summary Correction with CBP, in accordance with CBP’s regulations, regarding conversion of such entries from non-AD/CVD type entries to AD/CVD type entries (e.g., type 01 to type 03). Importers should report those AD/CVD type entries using the third country CBP case numbers identified in the ‘‘Suspension of Liquidation and Cash Deposit Requirements’’ section, above. The importer should post cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties, including AD/CVD duties. If it is determined that an importer or exporter has not met the certification and related documentation requirements for certain entries, Commerce intends to instruct CBP to suspend, pursuant to this country-wide affirmative determination of PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 77289 circumvention and the Orders,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. 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 or CVD order to submit such requests. The anniversary month for the AD and CVD Orders 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 Orders IV. Merchandise Subject to the Circumvention Inquiry V. Period of Circumvention Inquiry VI. Changes From the Preliminary Determination VII. Discussion of the Issues Comment 1: Conflict Regarding the Timing of Certification Requirements 14 See E:\FR\FM\09NON1.SGM Orders. 09NON1 77290 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 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 Commerce Should Apply Countervailing Duties on SeAH VINA Comment 7: Whether the Production of Pipe From Imported HRS Constitutes ‘‘Assembly or Completion’’ Within the Meaning of the Statute Comment 8: Whether the Process of Completion of Pipe in Vietnam Is Minor or Insignificant Comment 9: Whether Commerce Properly Considered the Lack of Affiliations Comment 10: Whether Commerce Properly Considered the Pattern of Trade and Sourcing VIII. Recommendation Appendix II ddrumheller on DSK120RN23PROD with NOTICES1 1. Certifications Importer Certification I hereby certify that: A. My name is {IMPORTING COMPANY OFFICIAL’S NAME} and I am an official of {IMPORTING COMPANY}, located at {ADDRESS OF IMPORTING COMPANY}; B. I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of circular welded carbon quality steel pipe (CWP) produced in Vietnam that entered under entry summary number(s), identified below, and are covered by this certification. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own records. For example, the importer should have direct personal knowledge of the importation of CWP, including the exporter’s and/or foreign seller’s identity and location; C. If the importer is acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification: The CWP covered by this certification was imported by {IMPORTING COMPANY} on behalf of {U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}; If the importer is not acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification: {NAME OF IMPORTING COMPANY} is not acting on behalf of the first U.S. customer. D. The CWP covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. E. I have personal knowledge of the facts regarding the production of the imported VerDate Sep<11>2014 18:22 Nov 08, 2023 Jkt 262001 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 CWP); F. This certification applies to the following entries (repeat this block as many times as necessary): Entry Summary #: Entry Summary Line Item #: Foreign Seller: Foreign Seller’s Address: Foreign Seller’s Invoice #: Foreign Seller’s Invoice Line Item #: Country of Origin of HRS: State ‘‘N/A’’ for ‘‘Country of Origin of HRS’’ if the CWP covered by this certification was produced using inputs other than HRS. Producer: Producer’s Address: G. The CWP covered by this certification does not contain HRS produced in China; H. I understand that {IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, certificates of origin, product data sheets, mill test reports, productions records, invoices, etc.) until the later of: (1) the date that is five years after the date of the latest entry covered by the certification; or (2) the date that is three years after the conclusion of any litigation in the United States courts regarding such entries; I. I understand that {IMPORTING COMPANY} is required to maintain a copy of the exporter’s certification (attesting to the production and/or exportation of the imported merchandise identified above), and any supporting documentation provided to the importer by the exporter, until the later of: (1) the date that is five years after the date of the latest entry covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries; J. I understand that {IMPORTING COMPANY} is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with the importer certification, and any supporting documentation, and a copy of the exporter’s certification, and any supporting documentation provided to the importer by the exporter, upon request of either agency; K. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; L. I understand that failure to maintain the required certification and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are within the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on CWP PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 from China. I understand that such finding will result in: (i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; (ii) the importer being required to post the cash deposits determined by Commerce; and (iii) the importer no longer being allowed to participate in the certification process. M. I understand that agents of the importer, such as brokers, are not permitted to make this certification; N. This certification was completed and signed on, or prior to, the date of the entry summary if the entry date is more than 14 days after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register. If the entry date is on or before the 14th day after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register, this certification was completed and signed by no later than 45 days after publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register. O. I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} Exporter Certification The party that made the sale to the United States should fill out the exporter certification. I hereby certify that: A. My name is {COMPANY OFFICIAL’S NAME} and I am an official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES); located at {ADDRESS OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES); B. I have direct personal knowledge of the facts regarding the production and exportation of the circular welded carbon quality steel pipe (CWP) for which sales are identified below. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own records. For example, an exporter should have direct personal knowledge of the producer’s identity and location; C. The CWP covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}; D. The CWP covered by this certification does not contain HRS produced in China; E. This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER} (repeat this block as many times as necessary): Foreign Seller’s Invoice # to U.S. Customer: Foreign Seller’s Invoice to U.S. Customer Line item #: E:\FR\FM\09NON1.SGM 09NON1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 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, productions records, invoices, etc.) until the later of: (1) the date that is five years after the latest date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in the United States courts regarding such entries; H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES} is required to provide the U.S. importer with a copy of this certification and is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with this certification, and any supporting documents, upon request of either agency; I. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; J. I understand that failure to maintain the required certification and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are within the scope of the antidumping duty and countervailing duty orders on CWP from China. I understand that such a finding will result in: (i) suspension of all unliquidated entries (and entries for which liquidation has not 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 VerDate Sep<11>2014 18:22 Nov 08, 2023 Jkt 262001 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. 2023–24806 Filed 11–8–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD501] Fisheries of the U.S. Caribbean; Southeast Data, Assessment, and Review (SEDAR); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of SEDAR 84 Life History Data Webinar for U.S Caribbean Yellowtail Snapper and Stoplight Parrotfish. AGENCY: The SEDAR 84 assessment process of U.S. Caribbean yellowtail snapper and stoplight parrotfish will consist of a Data Workshop, and a series of assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION. DATES: The SEDAR 84 Life History Data webinar will be held December 1, 2023, from 9 a.m. to 1 p.m., Eastern Time. ADDRESSES: Meeting address: The meeting will be held via webinar. The webinar is open to members of the public. Those interested in participating should contact Julie A. Neer at SEDAR (see FOR FURTHER INFORMATION CONTACT) to request an invitation providing webinar access information. Please request webinar invitations at least 24 hours in advance of each webinar. SEDAR address: 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405. FOR FURTHER INFORMATION CONTACT: Julie A. Neer, SEDAR Coordinator; (843) 571– 4366; email: Julie.neer@safmc.net. SUMMARY: PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 77291 The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a multistep process including: (1) Data Workshop, (2) A series of assessment webinars, and (3) A Review Workshop. The product of the Data Workshop is a report that compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The assessment webinars produce a report that describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The product of the Review Workshop is an Assessment Summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, HMS Management Division, and Southeast Fisheries Science Center. Participants include data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and NGO’s; International experts; and staff of Councils, Commissions, and state and federal agencies. The items of discussion during the Life History Data webinar are as follows: Participants will discuss what life history data may be available for use in the assessment. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency. SUPPLEMENTARY INFORMATION: Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77287-77291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24806]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


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

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

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

DATES: Applicable November 9, 2023.

FOR FURTHER INFORMATION CONTACT: Krisha Hill, AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-4037.

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 2008, Commerce published in the Federal Register the AD 
and CVD orders on CWP from China.\1\ On August 4, 2022, Commerce 
initiated a country-wide circumvention inquiry to determine whether 
certain imports of CWP completed in Vietnam using HRS produced in China 
are circumventing the Orders.\2\ On April 12, 2023, Commerce published 
in the Federal Register its Preliminary Determination that imports of 
CWP completed in Vietnam using HRS produced in China are circumventing 
the Orders.\3\ On May 15, 2023, Commerce extended the deadline for the 
final determination of this circumvention inquiry to August 4, 2023.\4\ 
On July 20, 2023, Commerce further extended the deadline for the final 
determination to November 2, 2023.\5\ For a summary of events that 
occurred since Commerce published the Preliminary Determination, as 
well as a full discussion of the issues raised by parties for 
consideration in the final determination, see the Issues and Decision 
Memorandum.\6\ The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order: Circular Welded Carbon 
Quality Steel Pipe from the People's Republic of China, 73 FR 42547 
(July 22, 2008); and Circular Welded Carbon Quality Steel Pipe from 
the People's Republic of China: Notice of Amended Final Affirmative 
Countervailing Duty Determination and Notice of Countervailing Duty 
Order, 73 FR 42545 (July 22, 2008) (collectively, Orders or China 
Orders).
    \2\ See Circular Welded Carbon Quality Steel Pipe from the 
People's Republic of China; Certain Circular Welded Non-Alloy Steel 
Pipe from the Republic of Korea; Certain Welded Carbon Steel 
Standard Pipes and Tubes from India; Certain Circular Welded Carbon 
Steel Pipes and Tubes from Taiwan; Certain Circular Welded Non-Alloy 
Steel Pipe from Taiwan; Light-Walled Rectangular Pipe and Tube from 
the People's Republic of China; Light-Walled Rectangular Pipe and 
Tube from the Republic of Korea; Light-Walled Welded Rectangular 
Carbon Steel Tubing from Taiwan: Initiation of Circumvention 
Inquiries on the Antidumping and Countervailing Duty Orders, 87 FR 
47711 (August 4, 2022).
    \3\ See Circular Welded Carbon Quality Steel Pipe from the 
People's Republic of China: Preliminary Affirmative Determination of 
Circumvention of the Antidumping Duty and Countervailing Duty Order, 
88 FR 21975 (April 12, 2023) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum (PDM).
    \4\ See Memorandum, ``Extension of Deadline for Issuing Final 
Determinations in Circumvention Inquiries,'' dated May 15, 2023.
    \5\ See Memorandum, ``Extension of Deadline for Issuing Final 
Determinations in Circumvention Inquiries,'' dated July 20, 2023.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Circumvention Inquiry of the Antidumping and Countervailing Duty 
Orders on Circular Welded Carbon Quality Steel Pipe from the 
People's Republic of China,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Orders

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

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers CWP completed in Vietnam using 
China-origin HRS and subsequently

[[Page 77288]]

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 Decision Memorandum 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 6-25.
    \8\ See Issues and Decision Memorandum at 5.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \9\ See Preliminary Determination PDM at 13-14; see also Issues 
and Decision Memorandum at Comments 2 and 3.
---------------------------------------------------------------------------

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 CWP were not produced using HRS.

Final Circumvention Determination

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

Suspension of Liquidation and Cash Deposit Requirements

    Based on the affirmative country-wide determination of 
circumvention for China, 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 CWP completed in Vietnam using China-origin 
HRS, that were entered, or withdrawn from warehouse, for consumption on 
or after August 4, 2022, the date of publication of the initiation of 
this circumvention inquiry in the Federal Register.
    CWP produced in Vietnam from HRS that is not of Chinese origin is 
not subject to this inquiry. Therefore, cash deposits are not required 
for such merchandise under the China Orders. However, Commerce finds 
that certain welded carbon steel standard pipes and tubes (pipe and 
tube) completed in Vietnam using India-origin HRS is circumventing the 
AD order on pipe and tube from India, 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.
---------------------------------------------------------------------------

    \10\ See the unpublished Federal Register notices, ``Certain 
Welded Carbon Steel Standard Pipes and Tubes from India: Final 
Affirmative Determination of Circumvention of the Antidumping Duty 
Order,'' 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.
---------------------------------------------------------------------------

    If an importer imports CWP from Vietnam and claims that the CWP was 
not produced from China-origin HRS, or alternately, claims that the CWP 
was produced using an input other than HRS, the importer and exporter 
are required to meet the certification and documentation requirements 
described in the ``Certifications'' and ``Certification Requirements 
for Vietnam'' sections below in order to not be subject to the China 
Orders cash deposit requirements.
    See Appendix II for the revised importer and exporter 
certifications, which we have modified in response to comments to allow 
parties to also use the certifications when their shipments of CWP 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.
---------------------------------------------------------------------------

    \11\ See Orders or China Orders.
---------------------------------------------------------------------------

    Where a certification is provided for the AD/CVD orders on CWP from 
China (stating that the merchandise was not produced using China-origin 
HRS 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 cash 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.
---------------------------------------------------------------------------

    \12\ See Antidumping Duty Order; Certain Welded Carbon Steel 
Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986) 
(India Order).
---------------------------------------------------------------------------

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

    \13\ See Orders or China Orders.
---------------------------------------------------------------------------

    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

[[Page 77289]]

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 CWP from Vietnam are not subject to suspension of liquidation or the 
collection of cash deposits pursuant to this country-wide affirmative 
determination of circumvention because the merchandise was not made 
with China-origin HRS or was made with an input other than HRS (see 
Appendix II to this notice).
    Importers and exporters that claim that the entry of CWP is not 
subject to suspension of liquidation or the collection of cash deposits 
because the merchandise was not made with China-origin HRS or was made 
with an input other than HRS must complete the applicable certification 
and meet the certification and documentation requirements described 
below, as well as the requirements identified in the applicable 
certification.

Certification Requirements for Vietnam

    Importers are required to complete and maintain the applicable 
importer certification, and maintain a copy of the 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 CWP that was 
manufactured in Vietnam to the United States.
    Additionally, the claims made in the certifications and any 
supporting documentation are subject to verification by Commerce 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 CWP from Vietnam that was entered, or withdrawn from 
warehouse, for consumption during the period August 4, 2022 (the date 
of initiation of this circumvention inquiry), through the date of 
publication of the Preliminary Determination in the Federal Register, 
where the entry has not been liquidated (and entries for which 
liquidation has not become final), the relevant certification should 
already be complete and signed.
    For unliquidated entries (and entries for which liquidation has not 
become final) of CWP that were declared as non-AD/CVD type entries 
(e.g., type 01) and entered, or withdrawn from warehouse, for 
consumption in the United States during the period August 4, 2022 (the 
date of initiation of these circumvention inquiries), through the date 
of publication of the Preliminary Determination in the Federal 
Register, for which none of the above certifications may be made, 
importers must file a Post Summary Correction with CBP, in accordance 
with CBP's regulations, regarding conversion of such entries from non-
AD/CVD type entries to AD/CVD type entries (e.g., type 01 to type 03). 
Importers should report those AD/CVD type entries using the third 
country CBP case numbers identified in the ``Suspension of Liquidation 
and Cash Deposit Requirements'' section, above. The importer should 
post cash deposits on those entries consistent with the regulations 
governing post summary corrections that require payment of additional 
duties, including AD/CVD duties.
    If it is determined that an importer or exporter has not met the 
certification and related documentation requirements for certain 
entries, Commerce intends to instruct CBP to suspend, pursuant to this 
country-wide affirmative determination of circumvention and the 
Orders,\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.
---------------------------------------------------------------------------

    \14\ See Orders.
---------------------------------------------------------------------------

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 or CVD order to submit such requests. The 
anniversary month for the AD and CVD Orders 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 Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Changes From the Preliminary Determination
VII. Discussion of the Issues
    Comment 1: Conflict Regarding the Timing of Certification 
Requirements

[[Page 77290]]

    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 Commerce Should Apply Countervailing Duties 
on SeAH VINA
    Comment 7: Whether the Production of Pipe From Imported HRS 
Constitutes ``Assembly or Completion'' Within the Meaning of the 
Statute
    Comment 8: Whether the Process of Completion of Pipe in Vietnam 
Is Minor or Insignificant
    Comment 9: Whether Commerce Properly Considered the Lack of 
Affiliations
    Comment 10: 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 
circular welded carbon quality steel pipe (CWP) produced in Vietnam 
that entered under entry summary number(s), identified below, and 
are covered by this certification. ``Direct personal knowledge'' 
refers to facts the certifying party is expected to have in its own 
records. For example, the importer should have direct personal 
knowledge of the importation of CWP, including the exporter's and/or 
foreign seller's identity and location;
    C. If the importer is acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    The CWP covered by this certification was imported by {IMPORTING 
COMPANY{time}  on behalf of {U.S. CUSTOMER{time} , located at 
{ADDRESS OF U.S. CUSTOMER{time} ;
    If the importer is not acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    {NAME OF IMPORTING COMPANY{time}  is not acting on behalf of the 
first U.S. customer.
    D. The CWP covered by this certification was shipped to {NAME OF 
PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST 
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS 
SHIPPED{time} .
    E. I have personal knowledge of the facts regarding the 
production of the imported products covered by this certification. 
``Personal knowledge'' includes facts obtained from another party, 
(e.g., correspondence received by the importer (or exporter) from 
the producer regarding the source of hot-rolled steel (HRS) or an 
input other than HRS used to produce the imported CWP);
    F. This certification applies to the following entries (repeat 
this block as many times as necessary):
    Entry Summary #:
    Entry Summary Line Item #:
    Foreign Seller:
    Foreign Seller's Address:
    Foreign Seller's Invoice #:
    Foreign Seller's Invoice Line Item #:
    Country of Origin of HRS: State ``N/A'' for ``Country of Origin 
of HRS'' if the CWP covered by this certification was produced using 
inputs other than HRS.
    Producer:
    Producer's Address:
    G. The CWP covered by this certification does not contain HRS 
produced in China;
    H. I understand that {IMPORTING COMPANY{time}  is required to 
maintain a copy of this certification and sufficient documentation 
supporting this certification (i.e., documents maintained in the 
normal course of business, or documents obtained by the certifying 
party, for example, certificates of origin, product data sheets, 
mill test reports, productions records, invoices, etc.) until the 
later of: (1) the date that is five years after the date of the 
latest entry covered by the certification; or (2) the date that is 
three years after the conclusion of any litigation in the United 
States courts regarding such entries;
    I. I understand that {IMPORTING COMPANY{time}  is required to 
maintain a copy of the exporter's certification (attesting to the 
production and/or exportation of the imported merchandise identified 
above), and any supporting documentation provided to the importer by 
the exporter, until the later of: (1) the date that is five years 
after the date of the latest entry covered by the certification; or 
(2) the date that is three years after the conclusion of any 
litigation in United States courts regarding such entries;
    J. I understand that {IMPORTING COMPANY{time}  is required to 
provide U.S. Customs and Border Protection (CBP) and/or the U.S. 
Department of Commerce (Commerce) with the importer certification, 
and any supporting documentation, and a copy of the exporter's 
certification, and any supporting documentation provided to the 
importer by the exporter, upon request of either agency;
    K. I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
    L. I understand that failure to maintain the required 
certification and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all entries to which this certification applies 
are within the scope of the antidumping duty (AD) and countervailing 
duty (CVD) orders on CWP from China. I understand that such finding 
will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the 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 circular welded carbon quality 
steel pipe (CWP) for which sales are identified below. ``Direct 
personal knowledge'' refers to facts the certifying party is 
expected to have in its own records. For example, an exporter should 
have direct personal knowledge of the producer's identity and 
location;
    C. The CWP covered by this certification was shipped to {NAME OF 
PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST 
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS 
SHIPPED{time} ;
    D. The CWP covered by this certification does not contain HRS 
produced in China;
    E. This certification applies to the following sales to {NAME OF 
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}  
(repeat this block as many times as necessary):
    Foreign Seller's Invoice # to U.S. Customer:
    Foreign Seller's Invoice to U.S. Customer Line item #:

[[Page 77291]]

    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{time} , located at {U.S. 
ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
    G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE 
TO THE UNITED STATES{time}  is required to maintain a copy of this 
certification and sufficient documentation supporting this 
certification (i.e., documents maintained in the normal course of 
business, or documents obtained by the certifying party, for 
example, product data sheets, mill test reports, productions 
records, invoices, etc.) until the later of: (1) the date that is 
five years after the latest date of the entries covered by the 
certification; or (2) the date that is three years after the 
conclusion of any litigation in the United States courts regarding 
such entries;
    H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE 
TO THE UNITED STATES{time}  is required to provide the U.S. importer 
with a copy of this certification and is required to provide U.S. 
Customs and Border Protection (CBP) and/or the U.S. Department of 
Commerce (Commerce) with this certification, and any supporting 
documents, upon request of either agency;
    I. I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
    J. I understand that failure to maintain the required 
certification and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all sales to which this certification applies are 
within the scope of the antidumping duty and countervailing duty 
orders on CWP from China. I understand that such a finding will 
result in:
    (i) suspension of all unliquidated entries (and entries for 
which liquidation has not become final) for which these requirements 
were not met;
    (ii) the importer being required to post the 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. 2023-24806 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-DS-P

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