[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29164-29168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13252]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-814]
Carbon Steel Butt-Weld Pipe Fittings From the People's Republic
of China: Final Affirmative Determination of Circumvention of the
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that carbon
steel butt-weld pipe fittings (butt-weld pipe fittings) exported from
Malaysia, which were completed in Malaysia using finished or unfinished
butt-weld pipe fittings sourced from the People's Republic of China
(China), are circumventing the antidumping duty (AD) order on butt-weld
pipe fittings from China. Commerce has also updated the language in the
certification requirements and importer and exporter certifications
that are appended to this notice.
DATES: Applicable June 21, 2019.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-4047.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2018, Commerce published the Preliminary Determination
of circumvention of the Order.\1\ A summary of the events that occurred
since Commerce published the Preliminary Determination, as well as a
full discussion of the issues raised by parties for this final
determination, may be found in the Issues and Decision Memorandum.\2\
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 http://access.trade.gov, and
it is available to all parties in the Central Records Unit, Room B8024
of the main Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Carbon Steel Butt-Weld Pipe Fittings From the People's
Republic of China: Preliminary Affirmative Determination of
Circumvention of the Antidumping Duty Order, 83 FR 35205 (July 25,
2018) (Preliminary Determination) and accompanying Preliminary
Decision Memorandum; see also Antidumping Duty Order and Amendment
to the Final Determination of Sales at Less Than Fair Value; Certain
Carbon Steel Butt-Weld Pipe Fittings from the People's Republic of
China, 57 FR 29702 (July 6, 1992) (Order).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Anti-Circumvention Inquiry of the Antidumping Duty Order on Certain
Carbon Steel Butt-Weld Pipe Fittings from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are carbon steel butt-weld pipe
fittings. For a complete description of the scope of the Order, see the
Issues and Decision Memorandum.
Scope of the Anti-Circumvention Inquiry
This anti-circumvention inquiry covers butt-weld pipe fittings
exported from Malaysia to the United States, which were completed
(i.e., have undergone minor finishing processes, or were simply marked
with ``Malaysia'' as the country of origin) in Malaysia using finished
or unfinished butt-weld pipe fittings sourced from China (inquiry
merchandise). This final ruling applies to all shipments of inquiry
merchandise on or after the date of the initiation of this inquiry.
[[Page 29165]]
Methodology
Commerce is conducting this anti-circumvention inquiry in
accordance with section 781(b) of the Tariff Act of 1930, as amended
(the Act). For a full description of the methodology underlying the
Commerce's final determination, see the Issues and Decision Memorandum.
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 as Appendix I.
Based on our analysis of the results of Commerce's verification of
questionnaire responses and the comments received, we made certain
changes to the Preliminary Determination.
Final Affirmative Determination of Circumvention
As detailed in the Issues and Decision Memorandum, we determine
that butt-weld pipe fittings exported from Malaysia, which were
completed in Malaysia using finished or unfinished butt-weld pipe
fittings from China, or were simply marked with ``Malaysia'' as the
country of origin, are circumventing the Order. As such, we determine
that it is appropriate to include this merchandise within the Order and
to instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation and require cash deposits for any unliquidated
entries of butt-weld pipe fittings from Malaysia, which were completed
in Malaysia using finished or unfinished butt-weld pipe fittings from
China, or were simply marked with ``Malaysia'' as the country of
origin, as discussed below.
Continuation of Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(3), Commerce will direct CBP
to continue to suspend liquidation and to require a cash deposit of
estimated duties on unliquidated entries of inquiry merchandise that
were entered, or withdrawn from warehouse, for consumption on or after
August 21, 2017, the date of initiation of the anti-circumvention
inquiry.
The suspension of liquidation and cash deposit instructions will
remain in effect until further notice. Commerce will instruct CBP to
require AD cash deposits equal to the China-wide rate of 182.90
percent, unless the importer/exporter can demonstrate that the Chinese-
origin finished or unfinished butt-weld pipe fittings completed in
Malaysia were supplied by a Chinese manufacturer with a company-
specific separate rate. In that instance, the cash deposit rate will be
the rate of the Chinese butt-weld pipe fittings manufacturer that has
its own rate.\3\
---------------------------------------------------------------------------
\3\ See, e.g., Glycine from the People's Republic of China:
Preliminary Partial Affirmative Determination of Circumvention of
the Antidumping Duty Order and Initiation of Scope Inquiry, 77 FR
21532, 21535 (April 10, 2012), unchanged in Glycine from the
People's Republic of China: Final Partial Affirmative Determination
of Circumvention of the Antidumping Duty Order, 77 FR 73426
(December 10, 2012).
---------------------------------------------------------------------------
Butt-weld pipe fittings completed in Malaysia from finished and
unfinished butt-weld pipe fittings that are not of Chinese-origin are
not subject to this inquiry and are not included within the scope of
the Order as a result of this final affirmative determination.
Therefore, the suspension of liquidation and cash deposit requirements
do not apply to such merchandise, subject to the following
certification requirements. An importer of butt-weld pipe fittings from
Malaysia claiming that its butt-weld pipe fittings were completed from
finished and/or unfinished non-Chinese butt-weld pipe fittings must
meet the certification and documentation requirements described in
Appendices II, III, and IV. Commerce will instruct CBP to suspend
liquidation and require cash deposits for entries where the importer/
exporter cannot demonstrate that the imported merchandise was completed
from non-Chinese origin finished or unfinished butt-weld pipe fittings.
The AD cash deposits required on such entries will be equal to the
China-wide rate of 182.90 percent, unless the importer/exporter can
demonstrate that the Chinese-origin finished or unfinished butt-weld
pipe fittings completed in Malaysia were supplied by a Chinese
manufacturer with a company-specific separate rate. In that instance,
the cash deposit rate will be the rate of the Chinese butt-weld pipe
fittings manufacturer that has its own rate.
We determine that the following companies are not eligible for the
certification process: Able Steel Pipes Sdn. Bhd, Alliance Fittings
Industry Sdn Bhd, Anggerik Laksana Sdn. Bhd, Globefit Manufacturing Sdn
Bhd, Hiap Teck Venture Bhd., JAKS Steel Industries Sdn Bhd, Luda
Malaysia, Ltd., Pipefab Industries Sdn. Bhd, Solidbend Fittings &
Flanges Sdn. Bhd., Southern Steel Bhd, and Wing Tiek Ductile Iron Pipe
Sdn Bhd. Accordingly, importers of butt-weld pipe fittings from
Malaysia that are produced and/or exported by these ineligible
companies are similarly ineligible for the certification process with
regard to those imports.
In the Preliminary Determination, Pantech Steel Industries Sdn.
Bhd. (Pantech) and its importers were precluded from participating in
the certification process. However, because Commerce has verified
Pantech's ability to trace the country of origin for its shipments of
butt-weld pipe fittings, we will allow Pantech and its importers to
participate in the certification process for unliquidated entries of
butt-weld pipe fittings from Malaysia that were entered, or withdrawn
from warehouse, for consumption on or after August 21, 2017 (the
initiation date of this anti-circumvention inquiry). For any
unliquidated entries of butt-weld pipe fittings produced and/or
exported by Pantech that were entered, or withdrawn from warehouse, for
consumption on or after August 21, 2017, and through the day before the
date of publication of this Federal Register notice, Commerce will
instruct CBP to liquidate the entries without regard to AD duties if
the importer provides both the importer and exporter certification and
documentation requirements as described in Appendices II, III, and IV
to CBP. An importer of butt-weld pipe fittings from Malaysia produced
and/or exported by Pantech, which claims that its butt-weld pipe
fittings were completed from finished and/or unfinished non-Chinese
butt-weld pipe fittings, must meet the certification and documentation
requirements described in Appendices II, III, and IV for such entries
that were entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this Federal Register notice.
Notification Regarding Administrative Protective Orders
This notice will serve as the only reminder to 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 return/destruction or 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 351.225(f).
[[Page 29166]]
Dated: June 14, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Anti-circumvention Inquiry
V. Period of Inquiry
VI. Changes Since the Preliminary Determination
VII. Statutory Framework
VIII. Use of Facts Available and Facts Available with Adverse
Inference
IX. Anti-Circumvention Determination
X. Country-Wide Determination
XI. Certification for Use of Non-Chinese-Origin Butt Weld Pipe
Fittings
XII. Discussion of the Issues
Comment 1: Whether Commerce May Issue a Country-Wide Finding
Comment 2: Whether Pantech Has Circumvented the Order
Comment 3: Whether Pantech and Its Importers Should Be Allowed
to Participate in the Certification Process
Comment 4: Whether Solidbend Was Lawfully Subject to This Anti-
Circumvention Inquiry
Comment 5: Whether Solidbend Has Circumvented the Order
Comment 6: Whether Commerce's Instructions to Suspend
Liquidation and Require Cash Deposits Following the Preliminary
Determination Were Lawful
XIII. Recommendation
Appendix II--Certification Requirements
Section 1 provides general instructions for the certification
process applicable to all eligible importers and exporters of carbon
steel butt-weld pipe fittings (butt-weld pipe fittings) from
Malaysia. Section 2 provides the certification timing requirements
for eligible companies other than Pantech Steel Industries Sdn. Bhd.
(Pantech) and the importers of butt-weld pipe fittings produced and/
or exported by firms other than Pantech. Section 3 provides the
certification timing requirements for Pantech and the importers of
butt-weld pipe fittings produced and/or exported by Pantech.
1. General Instructions
For all parties eligible for the certification process, the
following requirements apply. If an importer imports butt-weld pipe
fittings from Malaysia and claims that the butt-weld pipe fittings
were completed in Malaysia using finished or unfinished butt-weld
pipe fittings manufactured of non-Chinese origin, the importer is
required to complete and maintain the importer certification,
attached as Appendix III, and all supporting documentation. The
importer is further required to maintain a copy of the exporter
certification, discussed below and attached as Appendix IV, and all
supporting documentation. The importer certification must be
completed, signed, and dated within the timeframes specified in
Sections 2 or 3 below (as appropriate). Where the importer uses a
broker to facilitate the entry process, it should obtain the entry
number from the broker. Agents of the importer, such as brokers,
however, are not permitted to make this certification on behalf of
the importer.
The exporter is required to complete and maintain the exporter
certification, attached as Appendix IV, and is further required to
provide the importer a copy of that certification and all supporting
documentation. The exporter certification must be completed, signed,
dated, and provided to the importer within the timeframes specified
in Sections 2 or 3 below (as appropriate). The exporter
certification should be completed by the party selling the
merchandise manufactured in Malaysia to the United States, which is
not necessarily the producer of the product.
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 at this time. However, 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. Additionally,
the claims made in the certifications and any supporting
documentation are subject to verification by Commerce and/or CBP.
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. If it is determined that the certification
and/or documentation requirements in a certification have not been
met, Commerce intends to instruct CBP to suspend, under the
antidumping duty (AD) order on butt-weld pipe fittings from the
People's Republic of China, A-570-814, all unliquidated entries for
which these requirements were not met and require the importer to
post applicable AD cash deposits equal to the rates as determined by
Commerce. Commerce has established the following third-country case
number in the Automated Commercial Environment (ACE): A-557-994 for
such entries. Entries suspended under A-557-994 will be liquidated
pursuant to applicable administrative reviews of the China AD order
or through the automatic liquidation process.
For unliquidated entries (and entries for which liquidation has
not become final) entered as non-AD/CVD type entries that were
shipped and/or entered, or withdrawn from warehouse, for consumption
during the period, August 21, 2017 (the date of initiation of this
anti-circumvention inquiry) through the day prior to the date of
publication of the final determination of this anti-circumvention
inquiry in the Federal Register, for which certifications are
required to be maintained in accordance with the instructions above,
importers should file a Post Summary Correction with CBP, in
accordance with CBP's regulations, regarding conversion of such
entries from non-antidumping entries (e.g., type 01) to antidumping
entries (i.e., type 03, 06, 07, 34, and 38) entries and report those
entries using the third-country case number, A-557-994. Similarly,
the importer should pay cash deposits on those entries consistent
with the regulations governing post summary corrections that require
payment of additional duties.
2. Certification Timing Requirements for Companies Other Than Pantech
and Its Importers
A. For Entries on or after August 21, 2017 Through July 25, 2018
For entries suspended pursuant to the Preliminary Determination
and continue to be suspended pursuant to the final determination of
this anti-circumvention inquiry that were shipped and/or entered, or
withdrawn from warehouse, for consumption on or after August 21,
2017 (the date of initiation of this anti-circumvention inquiry)
through July 25, 2018 (the date of publication of the Preliminary
Determination in the Federal Register), for which certifications are
required, the importer certification should have been completed, and
the exporter certification should have been completed and provided
to the importer, no later than September 8, 2018 (45 days after the
date of publication of the Preliminary Determination in the Federal
Register).
Accordingly, where appropriate, the relevant bullet in the
certification should have been edited to reflect that the
certification was completed within the time frame specified in the
paragraph above. 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 07/25/
2018 publication of the Preliminary Determination Federal Register
notice. This certification was completed on mm/dd/yyyy, within 45
days of that Federal Register notice publication.'' 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 07/25/2018 publication of the Preliminary
Determination Federal Register notice. This certification was
completed on mm/dd/yyyy, within 45 days of that Federal
Registernotice publication.'' For such entries/shipments, importers
and exporters each have the option to complete a blanket
certification covering multiple entries/shipments, individual
certifications for each entry/shipment, or a combination thereof.
B. For Entries on or After July 26, 2018 Through August 31, 2018
For entries suspended pursuant to the Preliminary Determination
and continue to be suspended pursuant to the final determination of
this anti-circumvention inquiry that were shipped and/or entered, or
withdrawn from warehouse, for consumption on or after July 26, 2018
through August 31, 2018, for which certifications are required, the
importer certification should have been completed within 45 days
after the date of Entry Summary and the exporter certification
should have been completed and provided to
[[Page 29167]]
the importer within 45 days after the date of shipment.
Accordingly, where appropriate, the relevant bullet in the
certification should have been edited to reflect that the
certification was completed within the time frame specified in the
paragraph above. 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 during the period
07/26/2018 through 08/31/2018. This certification was completed on
mm/dd/yyyy, within 45 days of the date of entry.'' 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 during the period 07/26/2018 through 08/31/2018. This
certification was completed on mm/dd/yyyy, within 45 days of the
date of shipment.'' For such entries/shipments, importers and
exporters each have the option to complete a blanket certification
covering multiple entries/shipments, individual certifications for
each entry/shipment, or a combination thereof.
C. For Entries on or After September 1, 2018 Through the Day Prior to
the Date of Publication of the Final Determination of This Anti-
Circumvention Inquiry in the Federal Register
For entries suspended pursuant to the Preliminary Determination
and continue to be suspended pursuant to the final determination of
this anti-circumvention inquiry that were shipped and/or entered, or
withdrawn from warehouse, for consumption on or after September 1,
2018 through the day prior to the date of publication of the final
determination of this anti-circumvention inquiry in the Federal
Register for which certifications are required, the importer
certification should have been completed by the date of Entry
Summary and the exporter certification should have been completed
and provided to the importer by the date of shipment.
D. For Entries on or After the Date of Publication of the Final
Determination of This Anti-Circumvention Inquiry in the Federal
Register
For entries suspended pursuant to the Preliminary Determination
and continue to be suspended pursuant to the final determination of
this anti-circumvention inquiry that were shipped and/or entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final determination in the Federal Register for
which certifications are required, the importer certification should
be completed by the date of Entry Summary and the exporter
certification should be completed and provided to the importer by
the date of shipment. For such entries/shipments, the importers and
exporters must use the updated certification forms in Appendices III
and IV.
3. Certification Timing Requirements for Pantech and Its Importers
These timing requirements apply only to Pantech and its
importers because they were not previously eligible for the
certification process.
A. For Entries on or After August 21, 2017 Through the 30th Day After
the Date of Publication of the Final Determination of This Anti-
Circumvention Inquiry in the Federal Register
For entries of butt-weld pipe fittings from Pantech suspended
pursuant to the Preliminary Determination of this anti-circumvention
inquiry that were shipped and/or entered, or withdrawn from
warehouse, for consumption during the period, August 21, 2017 (the
date of initiation of this anti-circumvention inquiry) through the
30th day after the date of publication of the final determination in
the Federal Register, for which certifications are required, the
importer certification should be completed, and exporter
certification should be completed and provided to the importer,
within 45 days of the date of publication of the final determination
in the Federal Register.
Accordingly, where appropriate, the relevant bullet in the
certification should be edited to reflect that the certification was
completed within the time frame specified in the paragraph above.
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 during the period 08/21/2017 through the
30th day after the date of publication of the final determination in
the Federal Register. This certification was completed on mm/dd/
yyyy, within 45 days of that Federal Register notice publication.''
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 during the period 08/21/2017 through the 30th day after the
date of publication of the final determination in the Federal
Register. This certification was completed on mm/dd/yyyy, within 45
days of that Federal Register notice publication.'' For such
entries/shipments, importers and exporters each have the option to
complete a blanket certification covering multiple entries/
shipments, individual certifications for each entry/shipment, or a
combination thereof.
B. For Entries on or After the 31st Day After the Date of Publication
of the Final Determination of This Anti-Circumvention Inquiry in the
Federal Register
For entries of butt-weld pipe fittings from Pantech that were
shipped and/or entered, or withdrawn from warehouse, for
consumption, on or after the 31st day after the date of publication
of the final determination of this anti-circumvention inquiry in the
Federal Register, for which certifications are required, the
importer certification should be completed by the date of Entry
Summary and the exporter certification should be completed and
provided to the importer by the date of shipment. For such entries/
shipments, the importers and exporters must use the updated
certification forms in Appendices III and IV.
Appendix III--Importer Certification
I hereby certify that:
My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official 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 carbon steel butt-weld pipe fittings completed in Malaysia 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 input used to produce the
imported products);
The carbon steel butt-weld pipe fittings completed in
Malaysia do not contain finished or unfinished butt-weld pipe
fittings manufactured in the People's Republic of China;
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, 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 {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 {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 {IMPORTING COMPANY{time} is required
to maintain and, upon request, provide a copy of the exporter's
certification and supporting records 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
[[Page 29168]]
liquidation has not become final) for which these requirements were
not met; and
[cir] the requirement that the importer post applicable
antidumping duty (AD) 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 material false statements to the U.S.
government.
Signature--------------------------------------------------------------
NAME OF COMPANY OFFICIAL
-----------------------------------------------------------------------
TITLE
-----------------------------------------------------------------------
Appendix IV--Exporter Certification
I hereby certify that:
My name is {COMPANY OFFICIAL'S NAME HERE{time} and I
am an official of {NAME OF EXPORTING COMPANY{time} ;
I have direct personal knowledge of the facts regarding
the production and exportation of the carbon steel butt-weld pipe
fittings 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.
The carbon steel butt-weld pipe fittings completed in
Malaysia do not contain finished or unfinished butt-weld pipe
fittings manufactured in the People's Republic of China;
I understand that {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;
I understand that {NAME OF EXPORTING COMPANY{time}
must provide this Exporter Certification to the U.S. importer by the
time of shipment. ;
I understand that {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) cash deposits (as appropriate) equal to the
rates as determined by Commerce;
This certification was completed at or prior to 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 material false statements to the U.S.
government.
Signature--------------------------------------------------------------
NAME OF COMPANY OFFICIAL
-----------------------------------------------------------------------
TITLE
-----------------------------------------------------------------------
DATE
[FR Doc. 2019-13252 Filed 6-20-19; 8:45 am]
BILLING CODE 3510-DS-P