[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22445-22449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10275]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967, C-570-968]
Aluminum Extrusions From the People's Republic of China:
Affirmative Preliminary Determination of Circumvention of the
Antidumping and Countervailing Duty Orders
AGENCY: Enforcement & Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that extruded aluminum products that are made from aluminum previously
extruded in the People's Republic of China (China) and are exported
from the Socialist Republic of Vietnam (Vietnam), regardless of
producer, exporter, or importer, constitute merchandise completed or
assembled in other foreign countries and are circumventing the
antidumping duty (AD) and countervailing duty (CVD) orders on aluminum
extrusions from China. Commerce also preliminarily intends to rescind
its minor alterations anti-circumvention inquiry.
DATES: Applicable May 17, 2019.
FOR FURTHER INFORMATION CONTACT: Erin Kearney, AD/CVD Operations,
Office VI, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0167.
SUPPLEMENTARY INFORMATION:
Background
Based on a request from the Aluminum Extrusions Fair Trade
Committee (the petitioner),\1\ on March 5, 2018, Commerce initiated
anti-circumvention inquiries \2\ pursuant to sections 781(b) and (c) of
the Tariff Act of 1930, as amended (the Act), regarding imports of
certain aluminum extrusions from Vietnam by China Zhongwang Holdings
Ltd. and its affiliates \3\ (collectively, Zhongwang). We also
indicated in our Initiation Notice that we intended to consider whether
the inquiries should apply to all such imports of extruded aluminum
products from Vietnam, regardless of producer, exporter, or
importer.\4\ On March 23, 2018, we issued an anti-circumvention
questionnaire to Zhongwang, which did not respond.\5\ Between May 25,
2018, and July 5, 2018, we received comments and rebuttal comments from
the petitioner and East Asia Aluminum Ltd. (East Asia).\6\
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\1\ See Petitioner's Letter, ``Aluminum Extrusions from the
People's Republic of China: Request for Anti-Circumvention
Inquiry,'' dated January 9, 2018 (Anti-Circumvention Request).
\2\ See Aluminum Extrusions from the People's Republic of China:
Initiation of Anti-Circumvention Inquiries, 83 FR 9267 (March 5,
2018) (Initiation Notice).
\3\ The petitioner provided names of known, and potential,
entities involved in Zhongwang's import and export of Vietnamese
aluminum extrusions. The entities involved in the exportation
Vietnamese aluminum extrusions are Chinese, Mexican, Singaporean,
U.S., and Vietnamese affiliates of Zhongwang. Through the course of
inquiry, we intend to examine in addition to Zhongwang the following
affiliated companies: Aluminicaste Fundicion de Mexico
(Aluminicaste); Dalian Liwan Trade Co., Ltd.; Tianjin Boruxin
Trading Co., Ltd.; Dragon Luxe Limited; Perfectus Aluminum Inc,
Perfectus Aluminum Acquisitions LLC Pencheng Aluminum Enterprise
Inc. USA; Transport Aluminum Inc.; Aluminum Source Inc.; Aluminum
Industrial Inc.; Global Aluminum (USA) Inc.; Aluminum Shapes, LLC;
Century American Aluminum Inc.; and American Apex Aluminum Inc.;
Global Vietnam Aluminum Co., Ltd. (GVA); Global Tower Worldwide Ltd.
\4\ See Initiation Notice, 83 FR at 9268-9269.
\5\ See Commerce Letters re: Anti-Circumvention Questionnaire,
dated March 23, 2018.
\6\ See Petitioner's Letter, ``Aluminum Extrusions from the
People's Republic of China: Request to Issue Preliminary
Determination,'' dated May 25, 2018; see East Asia Aluminum's
Letter, ``Aluminum Extrusions from China; Anticircumvention--
Zhongwang Pallets Vietnam,'' dated June 22, 2018; see also
Petitioner's Letter, ``Aluminum Extrusions from the People's
Republic of China: Response to East Asia Aluminum's Comments,''
dated June 5, 2018.
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\7\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. On February
22, 2019, we extended the final determination deadline until June 7,
2019.\8\
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\7\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\8\ See Commerce Letter, ``Aluminum Extrusions from the People's
Republic of China: Extension of Anti-Circumvention Final Ruling
Deadline,'' dated February 22, 2019.
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Scope of the Orders 9
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\9\ See Aluminum Extrusions from the People's Republic of China:
Antidumping Duty Order, 76 FR 30650 (May 26, 2011); see also
Aluminum Extrusions from the People's Republic of China:
Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (collectively,
the Orders).
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The merchandise covered by the Orders is aluminum extrusions from
the People's Republic of China. The merchandise subject to the Orders
is currently classifiable in the Harmonized
[[Page 22446]]
Tariff Schedule of the United States (HTSUS): 6603.90.8100, 7616.99.51,
8479.89.94, 8481.90.9060, 8481.90.9085, 9031.90.9195, 8424.90.9080,
9405.99.4020, 9031.90.90.95, 7616.10.90.90, 7609.00.00, 7610.10.00,
7610.90.00, 7615.10.30, 7615.10.71, 7615.10.91, 7615.19.10, 7615.19.30,
7615.19.50, 7615.19.70, 7615.19.90, 7615.20.00, 7616.99.10, 7616.99.50,
8479.89.98, 8479.90.94, 8513.90.20, 9403.10.00, 9403.20.00,
7604.21.00.00, 7604.29.10.00, 7604.29.30.10, 7604.29.30.50,
7604.29.50.30, 7604.29.50.60, 7608.20.00.30, 7608.20.00.90,
8302.10.30.00, 8302.10.60.30, 8302.10.60.60, 8302.10.60.90,
8302.20.00.00, 8302.30.30.10, 8302.30.30.60, 8302.41.30.00,
8302.41.60.15, 8302.41.60.45, 8302.41.60.50, 8302.41.60.80,
8302.42.30.10, 8302.42.30.15, 8302.42.30.65, 8302.49.60.35,
8302.49.60.45, 8302.49.60.55, 8302.49.60.85, 8302.50.00.00,
8302.60.90.00, 8305.10.00.50, 8306.30.00.00, 8414.59.60.90,
8415.90.80.45, 8418.99.80.05, 8418.99.80.50, 8418.99.80.60,
8419.90.10.00, 8422.90.06.40, 8473.30.20.00, 8473.30.51.00,
8479.90.85.00, 8486.90.00.00, 8487.90.00.80, 8503.00.95.20,
8508.70.00.00, 8515.90.20.00, 8516.90.50.00, 8516.90.80.50,
8517.70.00.00, 8529.90.73.00, 8529.90.97.60, 8536.90.80.85,
8538.10.00.00, 8543.90.88.80, 8708.29.50.60, 8708.80.65.90,
8803.30.00.60, 9013.90.50.00, 9013.90.90.00, 9401.90.50.81,
9403.90.10.40, 9403.90.10.50, 9403.90.10.85, 9403.90.25.40,
9403.90.25.80, 9403.90.40.05, 9403.90.40.10, 9403.90.40.60,
9403.90.50.05, 9403.90.50.10, 9403.90.50.80, 9403.90.60.05,
9403.90.60.10, 9403.90.60.80, 9403.90.70.05, 9403.90.70.10,
9403.90.70.80, 9403.90.80.10, 9403.90.80.15, 9403.90.80.20,
9403.90.80.41, 9403.90.80.51, 9403.90.80.61, 9506.11.40.80,
9506.51.40.00, 9506.51.60.00, 9506.59.40.40, 9506.70.20.90,
9506.91.00.10, 9506.91.00.20, 9506.91.00.30, 9506.99.05.10,
9506.99.05.20, 9506.99.05.30, 9506.99.15.00, 9506.99.20.00,
9506.99.25.80, 9506.99.28.00, 9506.99.55.00, 9506.99.60.80,
9507.30.20.00, 9507.30.40.00, 9507.30.60.00, 9507.90.60.00, and
9603.90.80.50.
The subject merchandise entered as parts of other aluminum products
may be classifiable under the following additional Chapter 76
subheadings: 7610.10, 7610.90, 7615.19, 7615.20, and 7616.99, as well
as under other HTSUS chapters. In addition, fin evaporator coils may be
classifiable under HTSUS numbers: 8418.99.80.50 and 8418.99.80.60.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the Orders is
dispositive.\10\
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\10\ A full description of the scope of the Orders is contained
in the memorandum, ``Anti-Circumvention Inquiry Regarding the
Antidumping Duty and Countervailing Duty Orders on Aluminum
Extrusions from the People's Republic of China: Preliminary
Determination Decision Memorandum,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Merchandise Subject to the Anti-Circumvention Inquiries
These anti-circumvention inquiries cover extruded aluminum products
that are made from aluminum previously extruded in China that meet the
description of the Orders and are exported from Vietnam, regardless of
producer, exporter or importer (inquiry merchandise).\11\
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\11\ Commerce initiated its anti-circumvention inquiries to
determine whether extruded aluminum products that meet the
description of the Orders exported from Vietnam by Zhongwang are
circumventing the Orders on aluminum extrusions from China. Commerce
also stated in the Initiation Notice that it intended to consider
applying the inquiries to all imports of inquiry merchandise from
Vietnam, regardless of producer, exporter, or importer. The
petitioner provided names of known, and potential, entities involved
in Zhongwang's imports and exports of aluminum extrusions. In
addition to Zhongwang, the following companies were named by the
petitioner as affiliated companies to Zhongwang: Aluminicaste
Fundicion de Mexico; Dalian Liwan Trade Co., Ltd.; Tianjin Boruxin
Trading Co., Ltd.; Dragon Luxe Limited; Perfectus Aluminum Inc,
Perfectus Aluminum Acquisitions LLC; Pencheng Aluminum Enterprise
Inc. USA; Transport Aluminum Inc.; Aluminum Source Inc.; Aluminum
Industrial Inc.; Global Aluminum (USA) Inc.; Aluminum Shapes, LLC;
Century American Aluminum Inc.; American Apex Aluminum Inc.; GVA;
and Global Tower Worldwide Ltd. Additionally, information on the
record suggests that Zhongwang's affiliate network is growing,
thereby creating the opportunity to further evade the Orders. See
Anti-Circumvention Request, at Exhibits 1, 4, 5, 6, 10, 11, and 30.
Therefore, we preliminarily find that all exports of aluminum
extrusions from Vietnam, which are made from aluminum previously
extruded in China, regardless of the producer or exporter from
China, are covered by the Orders.
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Methodology
Commerce is conducting these anti-circumvention inquiries in
accordance with section 781(b) of the Act and 19 CFR 351.225(h). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. The Preliminary 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
http://access.trade.gov and is available to all parties in the Central
Records Unit, Room B8024 of the main Department of Commerce building.
In addition, the signed Preliminary Decision Memorandum can be accessed
directly at http://enforcement.trade.gov/frn/index.html. The signed and
electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of topics discussed in the Preliminary
Decision Memorandum is attached at Appendix I of this notice.
Affirmative Preliminary Determination of Circumvention
Based on our analysis, as detailed in the Preliminary Decision
Memorandum, we preliminarily find that the inquiry merchandise
constitutes merchandise completed or assembled in a foreign country
pursuant to 781(b) of Act that is circumventing, and should be included
within the scope of the Orders.\12\ We have preliminarily determined to
apply these circumvention rulings to inquiry merchandise regardless of
producer, exporter, or importer, based on evidence provided by the
petitioner and adverse facts available.\13\ In addition, if we affirm
our preliminary determination in our final determination, pursuant to
section 781(b) of the Act, we intend to rescind the minor alterations
anti-circumvention inquiry pursuant to section 781(c) of the Act.
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\12\ See section 781(b) of the Act; see also 19 CFR 351.225(h).
\13\ See Preliminary Decision Memorandum, at 7.
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Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(2), Commerce will direct U.S.
Customs and Border Protection (CBP) to suspend liquidation of inquiry
merchandise from Vietnam sourced from aluminum previously extruded in
China, regardless of producer, exporter, or importer, entered, or
withdrawn from warehouse, for consumption, on or after March 5, 2018,
the date of publication of the initiation of these anti-circumvention
inquiries. Commerce will also instruct CBP to require a cash deposit of
estimated duties at the rate applicable to the exporter, on all
unliquidated entries of inquiry merchandise entered, or withdrawn from
warehouse, for consumption on or after March 5, 2018.
[[Page 22447]]
Intent To Consider Certification Requirement
In light of Commerce's preliminary finding of circumvention, we are
considering whether to require importers and exporters of certain
aluminum extrusions, which claim their merchandise is not subject to
the Orders, to certify that their aluminum extrusions are made from
aluminum not previously extruded in China.\14\ Interested parties are
invited to comment on the proposed certifications in their case briefs.
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\14\ See Attachments II-IV.
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Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\15\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the due date for filing case briefs.\16\ Parties
who submit case or rebuttal briefs are requested to submit with the
argument: (a) A statement of the issue, (b) a brief summary of the
argument, and (c) a table of authorities. Parties submitting briefs
should do so using Commerce's electronic filing system, ACCESS.
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\15\ See 19 CFR 351.309(c).
\16\ See 19 CFR 351.309(d).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, filed electronically using
ACCESS. A written request for a hearing must be received successfully
in its entirety in ACCESS, by 5:00 p.m. Eastern Time, within 30 days
after the date of publication of this notice.\17\ Hearing requests
should contain the party's name, address, and telephone number, the
number of participants, and a list of the issues parties intend to
present at the hearing. If a request for a hearing is made, Commerce
intends to hold the hearing at the U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, at a time and location to
be determined.
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\17\ See 19 CFR 351.310(c).
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Final Determination
Pursuant to section 781(f) of the Act, the final determination with
respect to this anti-circumvention inquiry, including the results of
Commerce's analysis of any written comments, will be issued no later
than June 7, 2019, unless extended.
This preliminary affirmative anti-circumvention determination is
published in accordance with section 78l(b) of the Act and 19 CFR
351.225.
Dated: May 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Anti-Circumvention Inquiries
V. Analytical Framework for Merchandise Completed or Assembled in
Other Foreign Countries
VI. Use of Facts Available With an Adverse Inference
A. Merchandise of the Same Class or Kind
B. Completion of Merchandise in a Foreign Country
C. Minor or Insignificant Process
(1) Level of Investment
(2) Level of Research and Development
(3) Nature of Production Process
(4) Extent of Production Facilities in Vietnam
(5) Value of Processing in Vietnam
D. Additional Factors To Consider in Determining Whether Action
Is Necessary
(1) Pattern of Trade
(2) Affiliation
(3) Increased Imports
VII. Preliminary Determination
VIII. Minor Alterations of Merchandise: Intent To Rescind
IX. Certification Requirement
X. Recommendation
Appendix II
Certification Eligibility and Requirements
A. Eligibility for the Certification
(1) Importers and exporters of aluminum extrusions from the
Socialist Republic of Vietnam (Vietnam) that were completed in
Vietnam using aluminum not previously extruded in the People's
Republic of China (China) are eligible for the certification process
detailed below and in the preliminary determination.
B. Certification Requirements for Importers and Exporters of
Aluminum Extrusions Completed in Vietnam Using Aluminum Not
Previously Extruded in China
(1) For entries of aluminum extrusions completed in Vietnam that
were entered, or withdrawn from warehouse, for consumption on or
after March 5, 2018 (the date of initiation of this
anticircumvention inquiry), for which the importer claims that the
aluminum extrusions were completed (including extruded) in Vietnam
using aluminum not previously extruded in China, the importer and
exporter are required to meet the certification and documentation
requirements detailed below in order for no AD and/or CVD cash
deposit to be required on such entries.
(2) The importer is required to complete and maintain the
importer certification, attached as Appendix III. Where the importer
uses an agent or broker to facilitate the entry process, it must
obtain and provide the entry number as part of the certification.
Agents of the importer, such as brokers, however, are not permitted
to make this certification on behalf of the importer.
(3) The exporter is required to complete and maintain the
exporter certification, attached as Appendix IV. The exporter
certification should be completed by the party selling the
merchandise completed in Vietnam to the United States, which is not
necessarily the producer of the product.
(4) The exporter is further required to provide the importer
with a copy of the exporter certification.
(5) The importer is also required to maintain a copy of the
exporter certification.
(6) The importer and exporter are also required to maintain
sufficient documentation (as indicated in the certifications)
supporting their certifications.
(7) The importer and exporter are required to maintain the
certifications and supporting documentation for the later of (1) a
period of five years from the date of entry or (2) a period of three
years after the conclusion of any litigation in United States courts
regarding such entries.
(8) Although the importer will not be required to submit the
certifications or supporting documentation to U.S. Customs and
Border Protection (CBP) as part of the entry process, the importer
and the exporter will be required to present the certifications and
supporting documentation, to Commerce and/or CBP, as applicable,
upon request by the respective agency.
(9) The claims made in the certifications and any supporting
documentation are subject to verification by Commerce and/or CBP.
C. Certification Timing Requirements for Importers and Exporters of
Aluminum Extrusions Completed in Vietnam Using Aluminum Not
Previously Extruded in China
(1) For unliquidated entries of merchandise (a) shipped and/or
(b) entered, or withdrawn from warehouse, for consumption during the
period, March 5, 2018 (the date of initiation of this anti-
circumvention inquiry), through the 29th day after the date of
publication of the preliminary determination in the Federal
Register, for which certifications are required:
(a) The importers and exporters each have the option to complete
a blanket certification covering multiple entries, individual
certifications for each entry, or a combination thereof. Importer
and exporter certifications for these entries should be completed,
signed and dated within 45 days of publication of the preliminary
determination in the Federal Register.
Accordingly, the relevant bullet in the certification should be
edited to reflect that the certification was completed within this
time frame. For example, the bullet in the importer certification
that reads: ``This certification was completed by the time of filing
the entry summary,'' could be edited as follows: ``The shipments/
products referenced herein entered before the mm/dd/yyyy publication
of the Preliminary Determination Federal Register notice. This
certification was completed on mm/dd/yyyy, within 45 days of the
Federal Register notice publication.''
[[Page 22448]]
Similarly, the bullet in the exporter certification that reads,
``This certification was completed by the time of shipment,'' could
be edited as follows: ``The shipments/products referenced herein
shipped before the mm/dd/yyyy publication of the Preliminary
Determination Federal Register notice. This certification was
completed on mm/dd/yyyy, within 45 days of the Federal Register
notice publication.''
(b) Additionally, the exporter must provide the importer a copy
of the exporter certification within 45 days of the publication of
the preliminary determination in the Federal Register.
(2) For subject merchandise (1) shipped and/or (2) entered, or
withdrawn from warehouse, for consumption on or after the date that
is 30 days after publication of the preliminary determination in the
Federal Register, for which certifications are required:
(a) The importer certification must be completed, signed, and
dated by the deadline for filing of the entry summary for the
relevant importation; and
(b) The exporter certification must be completed, signed, dated
and provided to the importer by the time of shipment of the relevant
entries.
D. Importers and Exporters Not Eligible for the Certification
Process
(1) Importers and exporters of aluminum extrusions from the
Socialist Republic of Vietnam (Vietnam):
That were completed (included extruded) in Vietnam
using aluminum previously extruded in China and/or
that do not meet the certification requirements
detailed above are not eligible for the certification process
detailed above and in the preliminary determination.
(2) For aluminum extrusions completed in Vietnam from aluminum
previously extruded in China and, thus, subject to the antidumping
duty (AD) and countervailing duty (CVD) orders on aluminum
extrusions from the People's Republic of China, A-570-967 and C-570-
968, Commerce has established the following third-country case
numbers in the Automated Commercial Environment (ACE): A-552-998 and
C-552-999.
(3) For unliquidated entries (and entries for which liquidation
has not become final) of merchandise not eligible for the
certifications, that entered as non-AD/CVD type entries (e.g., type
01) that were shipped and/or entered, or withdrawn from warehouse,
for consumption during the period, March 5, 2018 (the date of
initiation of this anti-circumvention inquiry) through the date of
publication of the preliminary determination in the Federal
Register, importers should file a Post Summary Correction with CBP,
as applicable, in accordance with CBP's regulations, regarding
conversion of such entries from non-AD/CVD type entries to AD/CVD
type (e.g., types 03, 06,) entries and report those AD/CVD type
entries using the third-country case numbers, A-552-998 and C-552-
999. Similarly, the importer should pay cash deposits on those
entries, consistent with the regulations governing post summary
corrections, that require payment of additional duties.
(4) Further, Commerce intends to instruct CBP to suspend (under
the third-country case numbers identified above) all unliquidated
shipments of aluminum extrusions completed in Vietnam for which the
certification and/or documentation requirements have not been met,
and to require the importer to post applicable AD and CVD cash
deposits equal to the rates as determined by Commerce. Entries
suspended under these third-country case numbers will be liquidated
pursuant to applicable administrative reviews of the China AD and
CVD orders or through the automatic liquidation process.
Appendix III
Importer Certification
I hereby certify that:
My name is {INSERT COMPANY OFFICIAL'S NAME{time} and I
am an official of {INSERT NAME OF IMPORTING COMPANY{time} ;
I have direct personal knowledge of the facts regarding
the importation into the Customs territory of the United States of
the aluminum extrusions completed in Vietnam that entered under
entry number(s) {INSERT ENTRY NUMBER(S){time} 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 the product (e.g., the name of the exporter) in
its records;
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 substrate used to produce
the imported products);
The aluminum extrusions completed (including extruded)
in Vietnam do not contain aluminum previously extruded in China,
regardless of whether sourced directly from a Chinese producer or
from a downstream supplier;
I understand that {INSERT 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, mill certificates,
productions records, invoices, etc.) for the later of (1) a period
of five years from the date of entry or (2) a period of three years
after the conclusion of any litigation in the United States courts
regarding such entries;
I understand that {INSERT NAME OF IMPORTING
COMPANY{time} is required to provide this certification and
supporting records, upon request, to U.S. Customs and Border
Protection (CBP) and/or the Department of Commerce (Commerce);
I understand that {INSERT NAME OF IMPORTING
COMPANY{time} is required to maintain a copy of the exporter's
certification, (attesting to the production and/or export of the
imported merchandise identified above), for the later of (1) a
period of five years from the date of entry or (2) a period of three
years after the conclusion of any litigation in United States courts
regarding such entries;
I understand that {INSERT NAME OF IMPORTING
COMPANY{time} is required to maintain and provide a copy of the
exporter's certification and supporting records, upon request, to
CBP and/or Commerce;
I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein
will result in:
[cir] Suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met; and
[cir] the requirement that the importer post applicable
antidumping duty (AD) and countervailing duty (CVD) cash deposits
(as appropriate) equal to the rates determined by Commerce;
I understand that agents of the importer, such as
brokers, are not permitted to make this certification;
This certification was completed by the time of filing
the entry summary; and
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
TITLE
DATE
Appendix IV
Exporter Certification
I hereby certify that:
My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time}
and I am an official of {INSERT NAME OF EXPORTING COMPANY{time} ;
I have direct personal knowledge of the facts regarding
the production and exportation of the aluminum extrusions identified
below. ``Direct personal knowledge'' refers to facts the certifying
party is expected to have in its own books and records. For example,
an exporter should have ``direct personal knowledge'' of the
producer's identity and location;
Thee aluminum extrusions completed (including extruded)
in Vietnam do not contain aluminum previously extruded in China,
regardless of whether sourced directly from a Chinese producer or
from a downstream supplier;
I understand that {INSERT NAME OF 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, mill certificates,
productions records, invoices, etc.) for the later of (1) a period
of five years from the date of entry or (2) a period of three years
after the conclusion of any litigation in the United States courts
regarding such entries;
[[Page 22449]]
I understand that {INSERT NAME OF EXPORTING
COMPANY{time} must provide this Exporter Certification to the U.S.
importer by the time of shipment.
I understand that {INSERT NAME OF EXPORTING
COMPANY{time} is required to provide a copy of this certification
and supporting records, upon request, to U.S. Customs and Border
Protection (CBP) and/or the Department of Commerce (Commerce);
I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein
will result in:
[cir] Suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met; and
[cir] the requirement that the importer post applicable
antidumping duty (AD) and countervailing duty (CVD) cash deposits
(as appropriate) equal to the rates as determined by Commerce;
This certification was completed by the time of
shipment; and
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
TITLE
DATE
[FR Doc. 2019-10275 Filed 5-16-19; 8:45 am]
BILLING CODE 3510-DS-P