Antidumping and Countervailing Duty Orders on Certain Collated Steel Staples From the People's Republic of China: Final Affirmative Determinations of Circumvention With Respect to the Kingdom of Thailand and the Socialist Republic of Vietnam, 5855-5861 [2024-01792]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 20 (Tuesday, January 30, 2024)]
[Notices]
[Pages 5855-5861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01792]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-112, C-570-113]


Antidumping and Countervailing Duty Orders on Certain Collated 
Steel Staples From the People's Republic of China: Final Affirmative 
Determinations of Circumvention With Respect to the Kingdom of Thailand 
and the Socialist Republic of Vietnam

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of certain collated steel staples (collated staples) that were 
exported from the Kingdom of Thailand (Thailand) or the Socialist 
Republic of Vietnam (Vietnam), using inputs (i.e., steel wire and wire 
bands) manufactured in the People's Republic of China (China), as 
specified below, are circumventing the antidumping duty (AD) and 
countervailing duty (CVD) orders on collated staples from China.

DATES: Applicable February 29, 2024.

FOR FURTHER INFORMATION CONTACT: Brian Smith (Thailand) or Shane Subler 
(Vietnam), AD/CVD Operations, Office VIII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 
and (202) 482-6241, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 20, 2020, Commerce published in the Federal Register the

[[Page 5856]]

AD and CVD orders on collated staples from China.\1\ On December 14, 
2022, Commerce initiated country-wide circumvention inquiries pursuant 
to section 781(b) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.226(d)(1)(ii) to determine whether imports of collated 
staples using Chinese-origin steel wire and wire bands that are 
completed or assembled (e.g., processing galvanized steel wire or wire 
bands through staple-forming machines) in Thailand and Vietnam are 
circumventing the Orders.\2\ On August 24, 2023, Commerce published in 
the Federal Register its Preliminary Determinations that imports of 
collated staples completed in Thailand using steel wire and wire bands 
produced in China and imports of collated staples completed in Vietnam 
using wire bands produced in China are circumventing the Orders.\3\
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    \1\ See Certain Collated Steel Staples from the People's 
Republic of China: Antidumping Duty Order, 85 FR 43815 (July 20, 
2020) (AD Order); and Certain Collated Steel Staples from the 
People's Republic of China: Countervailing Duty Order, 85 FR 43813 
(July 20, 2020) (CVD Order) (collectively, Orders).
    \2\ See Certain Collated Steel Staples from the People's 
Republic of China: Initiation of Circumvention Inquiries on the 
Antidumping Duty and Countervailing Duty Orders, 87 FR 78047 
(December 21, 2022), and accompanying Memorandum, ``Certain Collated 
Steel Staples from the People's Republic of China: Initiation of 
Circumvention Inquiries on the Antidumping and Countervailing Duty 
Orders,'' dated December 14, 2022.
    \3\ See Antidumping and Countervailing Duty Orders on Certain 
Collated Steel Staples from the People's Republic of China: 
Preliminary Affirmative Determinations of Circumvention With Respect 
to the Kingdom of Thailand and the Socialist Republic of Vietnam, 88 
FR 57931 (August 24, 2023) (Preliminary Determinations), and 
accompanying Thailand Preliminary Decision Memorandum (Thailand PDM) 
and Vietnam Preliminary Decision Memorandum (Vietnam PDM) 
(collectively, Preliminary Decision Memoranda).
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    On September 25, 2023, Commerce extended the deadline for the final 
determinations of these circumvention inquiries to December 21, 
2023.\4\ On December 15, 2023, Commerce further extended the deadline 
for the final determinations in these circumvention inquiries to 
January 23, 2024.\5\ For a summary of events that occurred since the 
Preliminary Determinations, as well as a full discussion of the issues 
raised by parties for consideration in the final determinations, see 
the Issues and Decision Memoranda.\6\
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    \4\ See Memorandum, ``Extension of Deadline for Issuing Final 
Determination in Circumvention Inquiry,'' dated September 25, 2023.
    \5\ See Memorandum, ``Extension of Deadline for Issuing Final 
Determinations in Circumvention Inquiries,'' dated December 15, 
2023.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Circumvention Determination of the Antidumping 
Duty and Countervailing Duty Orders on Certain Collated Steel 
Staples from the People's Republic of China with Respect to the 
Kingdom of Thailand'' (Thailand IDM); and Memorandum, ``Issues and 
Decision Memorandum for the Final Affirmative Circumvention 
Determination of the Antidumping Duty and Countervailing Duty Orders 
on Certain Collated Steel Staples from the People's Republic of 
China with Respect to the Socialist Republic of Vietnam'' (Vietnam 
IDM); each dated concurrently with, and hereby adopted by, this 
notice (collectively, Issues and Decision Memoranda).
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    The Issues and Decision Memoranda are public documents and are 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 Memoranda can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Orders

    The products covered by the Orders include certain collated steel 
staples. For a full description of the scope of the Orders, see the 
Issues and Decision Memoranda.

Merchandise Subject to the Circumvention Inquiry

    These circumvention inquiries cover collated staples, assembled or 
completed in Thailand using Chinese-origin steel wire and/or wire 
bands, and in Vietnam using Chinese-origin steel wire and/or wire 
bands, that are subsequently exported from Thailand and Vietnam to the 
United States (inquiry merchandise).

Methodology

    Commerce is conducting these circumvention inquiries in accordance 
with section 781(b) of the Act, and 19 CFR 351.226. See Preliminary 
Determinations Preliminary Decision Memoranda 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 determinations.
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    \7\ See Preliminary Determinations Thailand PDM at 6-23 and 
Vietnam PDM at 8-23.
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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 Memoranda. A 
list of the issues raised is attached to this notice at appendix I.
    Based on our analysis of the comments received from interested 
parties, we made the following two changes with respect to the inquiry 
involving Thailand:
    (1) We clarified the certification language (see appendix III), 
which we have modified to include mill certificates in the list of 
documents that parties have available and may provide, if requested by 
U.S. Customs and Border Protection (CBP) and/or Commerce, in support of 
their certification that the imports of collated staples produced in 
Thailand that are covered by their certification were not manufactured 
using steel wire and/or wire bands produced in China; and
    (2) We revised the processing cost calculations for the two Thai 
mandatory respondents by including an amount for general and 
administrative expenses, interest expenses, and unrefunded taxes 
incurred for input purchases.
    Further, based on our analysis of the comments received from 
interested parties, we made the following two changes with respect to 
the inquiry involving Vietnam:
    (1) We found that imports of collated staples completed in Vietnam 
using steel wire or wire bands manufactured in China, as opposed to 
only wire bands manufactured in China, have circumvented the Orders on 
a country-wide basis; and
    (2) We clarified the certification language (see Appendix IV), 
which we have modified to include mill certificates in the list of 
documents that parties have available and may provide, if requested by 
CBP and/or Commerce, in support their certification that the imports of 
collated staples produced in Vietnam that are covered by their 
certification were not manufactured using steel wire and/or wire bands 
produced in China.

Final Circumvention Determinations

    We determine that collated staples, assembled or completed in 
Thailand and Vietnam by the entities identified in Appendix II to this 
notice, using Chinese-origin steel wire and/or wire bands that are 
subsequently exported from Thailand or Vietnam, are circumventing the 
Orders. For a detailed explanation of our determinations with respect 
to the entities identified in Appendix II, see the Preliminary Decision 
Memoranda, the Issues and Decision Memoranda, and the ``Use of Adverse 
Facts Available'' section of this notice below.
    We also determine that U.S. imports of inquiry merchandise exported 
from Thailand and Vietnam are circumventing the Orders on a country-
wide basis. As a result, in accordance with section 781(b) of the Act, 
we determine that this merchandise is covered by the Orders. See the 
``Suspension of Liquidation and Cash

[[Page 5857]]

Deposit Requirements'' section, below, for details regarding suspension 
of liquidation and cash deposit requirements. See the 
``Certifications'' and ``Certification Requirements'' sections, below, 
for details regarding the use of certifications.

Use of Adverse Facts Available (AFA)

    Within the context of the Vietnam inquiry, Commerce continues to 
find that necessary information is not available on the record with 
respect to Meihotech Vietnam Inc. (Meihotech) and Weifang Wenhe 
Pneumatic Tools Co., Ltd. (Weifang Wenhe) within the meaning of section 
776(a)(1) of the Act, and that Meihotech and Weifang Wenhe withheld 
requested information, failed to provide requested information by the 
deadline or in the form or manner requested, and significantly impeded 
the inquiry pursuant to sections 776(a)(1), (A), (B), and (C) of the 
Act. Moreover, Commerce continues to find that these companies failed 
to cooperate by not acting to the best of their ability to provide 
requested information pursuant to section 776(b)(1) of the Act. 
Consequently, we have continued to use adverse inferences with respect 
to Meihotech and Weifang Wenhe in selecting from among the facts 
otherwise available on the record, pursuant to sections 776(a) and (b) 
of the Act, for the reasons discussed in the Preliminary Determinations 
and the Vietnam IDM.\8\ Based on the AFA used, we determine that 
Meihotech and Weifang Wenhe exported inquiry merchandise and that U.S. 
entries of that merchandise are circumventing the Orders. Additionally, 
we are precluding Meihotech and Weifang Wenhe from participating in the 
certification program that we are establishing for exports of collated 
staples from Vietnam. U.S. entries of inquiry merchandise made on or 
after December 21, 2022, that are ineligible for certification based on 
the failure of these companies to cooperate, or for other reasons, 
shall remain subject to suspension of liquidation until final 
assessment instructions on those entries are issued, whether by 
automatic liquidation instructions, or by instructions pursuant to the 
final results of an administrative review. Interested parties that wish 
to have their suspended entries, if any, reviewed, and their 
ineligibility for the certification program reevaluated, should request 
an administrative review of the relevant suspended entries during the 
next anniversary month of these Orders (i.e., July 2024).\9\
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    \8\ See Preliminary Determinations, 88 FR 57931-57932; see also 
Vietnam IDM at Comment 13.
    \9\ See 19 CFR 351.213(b).
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Suspension of Liquidation and Cash Deposit Requirements

    Based on the affirmative country-wide determinations of 
circumvention for Thailand and Vietnam, in accordance with 19 CFR 
351.226(l)(3), we will direct CBP to suspend liquidation and require a 
cash deposit of estimated duties on unliquidated entries of collated 
staples completed or assembled in Thailand or Vietnam using Chinese-
origin steel wire and/or wire bands that were entered, or withdrawn 
from warehouse, for consumption on or after December 21, 2022, the date 
of publication of the initiation of this circumvention inquiry in the 
Federal Register.
    For exporters of collated staples that have a company-specific cash 
deposit rate under the AD Order and/or CVD Order, the cash deposit rate 
will be the company-specific AD and/or CVD cash deposit rate 
established for that company in the most recently completed segment of 
the collated staples proceedings. For exporters of collated staples 
that do not have a company-specific cash deposit rate under the AD 
Order and/or CVD Order, the cash deposit rate will be the company-
specific cash deposit rate established under the AD Order and/or CVD 
Order for the company that exported the Chinese-origin steel wire and/
or wire bands that were incorporated into the imported collated staples 
to the producer/exporters in Thailand or Vietnam.
    If neither the exporter of the collated staples from Thailand or 
Vietnam, nor the Chinese exporter of the steel wire and/or wire bands 
has a company-specific cash deposit rate, the AD cash deposit rate will 
be the China-wide rate (i.e., 112.01 percent), and the CVD cash deposit 
rate will be the China all-others rate (i.e., 12.32 percent).
    Commerce has established the following third-country case numbers 
in the Automated Commercial Environment (ACE) for such entries: 
Thailand A-549-112/C-549-113; Vietnam A-552-112/C-552-113. The 
suspension of liquidation will remain in effect until further notice.
    See Appendices III and IV for the revised importer and exporter 
certifications, which we have modified based on the changes explained 
in the ``Analysis of Comments Received'' section above.

Certified Entries

    Entries for which the importer and exporter have met the 
certification requirements described below and in Appendices III and IV 
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 antidumping and countervailing duties.

Certifications

    To administer the country-wide affirmative determinations of 
circumvention for Thailand and Vietnam, Commerce established importer 
and exporter certifications which will permit importers and exporters 
to establish that specific entries of collated staples from Thailand or 
Vietnam are not subject to suspension of liquidation or the collection 
of cash deposits pursuant to these affirmative determinations of 
circumvention because the merchandise meets the requirements described 
in the certification (see appendix III (for Thailand) and appendix IV 
(for Vietnam) to this notice). Because Meihotech and Weifang Wenhe were 
non-cooperative, they are not eligible to use the certifications 
described above.\10\
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    \10\ See Preliminary Determinations Vietnam 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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    Importers and exporters that claim that the entry of collated 
staples is not subject to suspension of liquidation or the collection 
of cash deposits based on the inputs used to manufacture such 
merchandise 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 Thailand and Vietnam

    Importers are required to complete and maintain the applicable 
importer certification, 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

[[Page 5858]]

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, mill certificates, 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 collated staples that were manufactured in Thailand or 
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 collated staples from Thailand or Vietnam that were 
entered, or withdrawn from warehouse, for consumption during the period 
December 21, 2022 (the date of publication of the initiation of these 
circumvention inquiries), through the date of publication of the 
Preliminary Determinations 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 collated staples 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 December 21, 2022 
(the date of publication of the initiation of these circumvention 
inquiries), through the date of publication of the Preliminary 
Determinations 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 antidumping and 
countervailing duties.
    If it is determined that an importer or exporter has not met the 
certification and/or related documentation requirements for certain 
entries, Commerce intends to instruct CBP to suspend, pursuant to these 
country-wide affirmative determinations of circumvention and the 
Orders,\11\ all unliquidated entries for which these requirements were 
not met and require the importer to post applicable cash deposits equal 
to the rates noted above.
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    \11\ See Orders.
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Opportunity To Request an Administrative Review

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

Administrative Protective Order

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

    These determinations are issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.226(g)(2).

    Dated: January 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendices

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          Appendix No.                        Appendix name
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I..............................  List of Topics Discussed in the Issues
                                  and Decision Memoranda.
II.............................  Companies Found to Be Circumventing the
                                  Orders.
III............................  Certification Regarding Chinese Inputs--
                                  Thailand.
IV.............................  Certification Regarding Chinese Inputs--
                                  Vietnam.
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Appendix I

List of Topics Discussed in the Issues and Decision Memoranda

Thailand

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: Retroactive Suspension of Liquidation and Cash 
Deposit Requirement
    Comment 2: Mill Certificate Requirement and Certification 
Process
    Comment 3: The Relevance of Galvanized Wire Rod and Galvanized 
Steel Wire Production to the Circumvention Analysis
    Comment 4: Whether YF Thailand's Production Process in Thailand 
Is Minor or Insignificant
    Comment 5: Whether UM Industry's Production Process in Thailand 
Is Minor or Insignificant
    Comment 6: Whether Circumvention Action Is Inappropriate Under 
the Act
    Comment 7: Continuation of Certification Process
    Comment 8: Chia Pao's Voluntary Response
    Comment 9: Whether Commerce Should Apply Affirmative 
Circumvention Findings on a Country-Wide Basis
    VIII. Recommendation

Vietnam

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

[[Page 5859]]

Determination
VII. Discussion of the Issues
    Comment 1: Retroactive Suspension of Liquidation and Cash 
Deposit Requirement
    Comment 2: Mill Certificate Requirement and Certification 
Process
    Comment 3: Limiting the Affirmative Determination to Collated 
Staples Produced From Chinese-Origin Wire Bands
    Comment 4: Whether Action Is Appropriate or Necessary To Prevent 
Evasion of the Collated Staples Orders
    Comment 5: Whether the Levels of Investment by Vina Hardwares 
Joint Stock Company (Vina Hardwares) and Vina Staples Co., Ltd. 
(Vina Staples) in Vietnam Are Minor or Insignificant
    Comment 6: Whether Patterns of Trade and Post-Order Imports 
Support a Negative Final Circumvention Determination
    Comment 7: Whether Vina Hardwares' Lack of Affiliation With 
Tianjin Jin Xin Sheng Long Metal Products Co., Ltd. (JXSL) or Any 
Other Chinese Wire Band Producer Supports a Negative Final 
Circumvention Determination
    Comment 8: Whether Punching and Cutting Wire Bands Is a 
Significant Step in the Production of Collated Staples
    Comment 9: Whether the Extent of Vina Staples' Production 
Facilities in Vietnam Is Minor or Insignificant
    Comment 10: Whether Commerce Made Certain Errors in the 
Calculation of Vina Staples' Value of Processing Performed in 
Vietnam
    Comment 11: Whether Commerce Should Exclude Collated Staples 
Produced from Vietnamese-Origin Galvanized Wire
    Comment 12: Whether Commerce Abused Its Discretion by Rejecting 
the Quantity and Value (Q&V) Questionnaire Response from Meihotech 
Vietnam Inc. (Meihotech)
    Comment 13: Whether Commerce Should Have Applied Adverse Facts 
Available (AFA) to Meihotech
    Comment 14: Whether Commerce Should Clarify that the 
Circumvention Determination and Suspension of Liquidation Do Not 
Cover Merchandise Expressly Excluded from the Scope of the Orders
    Comment 15: Whether Commerce Should Continue To Allow Exporters 
and Importers to Certify That Their Shipments and Entries From 
Vietnam Do Not Consist of Inquiry Merchandise
    VIII. Recommendation

Appendix II

Companies Found To Be Circumventing the Orders

Thailand

1. YF Technology Corporation, Ltd.
2. UM Industry, Co., Ltd.

Vietnam

1. Vina Hardwares Joint Stock Company
2. VN Fasteners Co., Ltd.
3. Vina Staples Company Limited
4. Meihotech Vietnam Inc. (based on AFA)
5. Weifang Wenhe Pneumatic Tools Co., Ltd. (based on AFA)

Appendix III

Certification Regarding Chinese Inputs (for Thailand) Importer 
Certification

    I hereby certify that:
    A. My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I am 
an official of {NAME OF IMPORTING COMPANY{time} , located at 
{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 the 
certain collated steel staples (collated staples) from the People's 
Republic of China (China) completed in Thailand that entered under 
the entry summary number(s), identified below, and are covered by 
this certification. ``Direct personal knowledge'' refers to the 
facts the certifying party is expected to have in its own records. 
For example, the importer should have direct personal knowledge of 
the exporter's and/or 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 collated staples covered by this certification were imported 
by {NAME OF IMPORTING COMPANY{time}  on behalf of {NAME 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 collated staples covered by this certification were 
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 the inputs used to produce the 
imported products).
    F. The importer certifies that the collated staples produced in 
Thailand that are covered by this certification were not 
manufactured using steel wire and/or wire bands produced in China, 
regardless of whether sourced directly from a Chinese producer or 
from a downstream supplier.
    G. The collated staples covered by this certification are not 
covered by the antidumping duty or countervailing duty orders on 
collated staples from China.
    H. 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 #:
Producer:
Producer's Address:

    I. I understand that {NAME OF 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, product specification sheets, 
production records, invoices, mill certificates, etc.) 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.
    J. I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of the exporter's certification 
(attesting to information regarding 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 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.
    K. I understand that {NAME OF 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 the request of either agency.
    L. I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    M. I understand that failure to maintain the required 
certifications 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 entries of merchandise that is covered by the scope of the 
antidumping and countervailing duty orders on certain collated steel 
staples from China. I understand that such a 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 antidumping duty 
and countervailing duty cash deposits determined by Commerce; and
    (iii) the importer no longer being allowed to participate in the 
certification process.
    N. I understand that agents of the importer, such as brokers, 
are not permitted to make this certification.
    O. 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

[[Page 5860]]

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.
    P. 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 materially 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 EXPORTING COMPANY{time} , located at {ADDRESS 
OF EXPORTING COMPANY{time} .
    B. I have direct personal knowledge of the facts regarding the 
production and exportation of the collated staples 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 collated staples covered by this certification were 
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 seller certifies that the collated staples produced in 
Thailand that are covered by this certification were not 
manufactured using steel wire and/or wire bands produced in China, 
regardless of whether sourced directly from a Chinese producer or 
from a downstream supplier.
    E. The collated staples covered by this certification are not 
covered by the antidumping duty or countervailing duty orders on 
collated staples from China.
    F. 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 the Foreign Seller: (if the foreign seller 
and the producer are the same party, report ``NA'' here)

    G. I understand that {EXPORTING COMPANY{time}  is required to 
maintain a copy of this certification and sufficient documentation 
supporting this certification (i.e., documents maintained in the 
normal course of business, or documents obtained by the certifying 
party, for example, product specification sheets, customer 
specification sheets, production records, invoices, mill 
certificates, etc.) 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.
    H. I understand that {EXPORTING COMPANY{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 the 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 
sales of merchandise that is covered by the scope of the antidumping 
and countervailing duty orders on collated staples from China. I 
understand that such a 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 antidumping and 
countervailing duty 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 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 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.
    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 materially false statements to the U.S. 
government.

Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 
{DATE{time} 

APPENDIX IV

Certification Regarding Chinese Inputs (for Vietnam) Importer 
Certification

    I hereby certify that:
    A. My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I am 
an official of {NAME OF IMPORTING COMPANY{time} , located at 
{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 the 
certain collated steel staples (collated staples) from the People's 
Republic of China (China) completed in Vietnam that entered under 
the entry summary number(s), identified below, and are covered by 
this certification. ``Direct personal knowledge'' refers to the 
facts the certifying party is expected to have in its own records. 
For example, the importer should have direct personal knowledge of 
the exporter's and/or 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 collated staples covered by this certification were imported 
by {NAME OF IMPORTING COMPANY{time}  on behalf of {NAME 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 collated staples covered by this certification were 
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 the inputs used to produce the 
imported products).
    F. The importer certifies that the collated staples produced in 
Vietnam that are covered by this certification were not manufactured 
using steel wire and/or wire bands produced in China, regardless of 
whether sourced directly from a Chinese producer or from a 
downstream supplier.
    G. The collated staples covered by this certification are not 
covered by the antidumping duty or countervailing duty orders on 
collated staples from China.
    H. 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 #:
Producer:
Producer's Address:

    I. I understand that {NAME OF 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, product specification sheets, 
production

[[Page 5861]]

records, invoices, mill certificates, etc.) 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.
    J. I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of the exporter's certification 
(attesting to information regarding 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 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.
    K. I understand that {NAME OF 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 the request of either agency.
    L. I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    M. I understand that failure to maintain the required 
certifications 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 entries of merchandise that is covered by the scope of the 
antidumping and countervailing duty orders on collated staples from 
China. I understand that such a 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 antidumping duty 
and countervailing duty cash deposits determined by Commerce; and
    (iii) the importer no longer being allowed to participate in the 
certification process.
    N. I understand that agents of the importer, such as brokers, 
are not permitted to make this certification.
    O. 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.
    P. 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 materially 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 EXPORTING COMPANY{time} , located at {ADDRESS 
OF EXPORTING COMPANY{time} .
    B. I have direct personal knowledge of the facts regarding the 
production and exportation of the collated staples 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 collated staples covered by this certification were 
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 seller certifies that the collated staples produced in 
Vietnam that are covered by this certification were not manufactured 
using steel wire and/or wire bands produced in China, regardless of 
whether sourced directly from a Chinese producer or from a 
downstream supplier.
    E. The collated staples covered by this certification are not 
covered by the antidumping duty or countervailing duty orders on 
collated staples from China.
    F. 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 the Foreign Seller: (if the foreign seller 
and the producer are the same party, report ``NA'' here)

    G. I understand that {EXPORTING COMPANY{time}  is required to 
maintain a copy of this certification and sufficient documentation 
supporting this certification (i.e., documents maintained in the 
normal course of business, or documents obtained by the certifying 
party, for example, product specification sheets, customer 
specification sheets, production records, invoices, mill 
certificates, etc.) 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.
    H. I understand that {EXPORTING COMPANY{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 the 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 
sales of merchandise that is covered by the scope of the antidumping 
and countervailing duty orders on collated staples from China. I 
understand that such a 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 antidumping and 
countervailing duty 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 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 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.
    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 materially false statements to the U.S. 
government.

Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 
{DATE{time} 

[FR Doc. 2024-01792 Filed 1-29-24; 8:45 am]
BILLING CODE 3510-DS-P