[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Notices]
[Pages 45753-45758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16307]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-051, C-570-052]


Certain Hardwood Plywood Products From the People's Republic of 
China: Preliminary Scope Determination and Affirmative Preliminary 
Determination of Circumvention of the Antidumping and Countervailing 
Duty Orders

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain hardwood plywood products and veneered panels 
(hardwood plywood) exported from the Socialist Republic of Vietnam 
(Vietnam), which were assembled in Vietnam using hardwood plywood 
inputs sourced from the People's Republic of China (China) are products 
of China and are subject to the antidumping duty (AD) and 
countervailing duty (CVD) orders on hardwood plywood from China. 
Additionally, Commerce preliminarily determines that certain hardwood 
plywood assembled in Vietnam using hardwood plywood inputs sourced from 
China are circumventing the AD and CVD orders on hardwood plywood from 
China.

DATES: Applicable July 29, 2022.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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) 482-2593.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2018, Commerce issued the Orders on imports of 
hardwood plywood from China.\1\ On February 25, 2020, the Coalition for 
Fair Trade in Hardwood Plywood (the petitioner) alleged that imports of 
hardwood plywood that was assembled in Vietnam using core veneers, 
multi-ply core veneered panels, and/or veneer core platforms sourced 
from China are circumventing the Orders.\2\ In their allegation, the 
petitioner requested that Commerce issue a scope ruling that certain 
hardwood plywood completed in Vietnam using hardwood plywood inputs 
manufactured in China, and imported into the United States as 
Vietnamese-origin plywood is within the scope of the Orders. In the 
alternative, the petitioner requested that Commerce initiate an anti-
circumvention inquiry, pursuant to section 781(b) of the Tariff Act of 
1930, as amended (the Act), and 19 CFR 351.225(h),\3\ to determine 
whether these products constitute merchandise completed or assembled in 
a third country that is circumventing, and should be included within, 
the scope of the Orders.
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    \1\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018); 
and Certain Hardwood Plywood Products from the People's Republic of 
China: Countervailing Duty Order, 83 FR 513 (January 4, 2018) 
(collectively, the Orders).
    \2\ See Petitioner's Letter, ``Certain Hardwood Plywood Products 
from The People's Republic of China: Request from Scope Ruling/Anti-
Circumvention ruling,'' dated February 25, 2020 (Petitioner's 
Request).
    \3\ Commerce significantly revised its scope regulations on 
September 20, 2021, with an effective date of November 4, 2021. See 
Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021). The 
amendments to 19 CFR 351.225 apply to scope inquiries for which a 
scope ruling application is filed, as well as any scope inquiry 
self-initiated by Commerce, on or after November 4, 2021. The newly 
promulgated 19 CFR 351.226 applies to circumvention inquiries for 
which a circumvention request is filed, as well as any circumvention 
inquiry self-initiated by Commerce, on or after November 4, 2021. We 
note that these scope and circumvention inquiries were initiated 
prior to the effective date of the new regulations, and, thus, any 
reference to the regulations is to the prior version of the 
regulations.
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    On June 17, 2020, Commerce published in the Federal Register the 
notice of initiation of these scope and anti-circumvention 
inquiries.\4\ In that notice Commerce explained that it intended to 
examine the scope inquiry request filed by the petitioner under 19 CFR 
351.225(c) as part of this anti-circumvention inquiry, and that we will 
make a final finding with regard to the scope inquiry to determine 
whether any of the production scenarios identified by the petitioner 
are already properly considered subject to the scope of the Orders.\5\
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    \4\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Initiation of Anti-circumvention Inquiries and 
Scope Inquiries on the Antidumping Duty and Countervailing Duty 
Orders; Vietnam Assembly, 85 FR 36530 (June 17, 2020) (Initiation 
Notice).
    \5\ Id., 85 FR at 36533.
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    On April 15, 2022, Commerce extended the deadline to issue a final 
determination in these inquiries to October 17, 2022.\6\ For a complete 
description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum.\7\ A list of 
topics included in the Preliminary Decision Memorandum is included as 
Appendix I to this notice. 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 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Extension of Deadline,'' dated April 18, 
2022.
    \7\ See Memorandum, ``Preliminary Decision Memorandum for the 
Anti-Circumvention and Scope Inquiries on the Antidumping Duty and 
Countervailing Duty Orders on Certain Harwood Plywood Products from 
the People's Republic of China,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Orders

    The products subject to these Orders are hardwood and decorative 
plywood, and certain veneered panels. For a full description of the 
scope, see the Preliminary Decision Memorandum.

Merchandise Subject to the Scope and Anti-Circumvention Inquiries

    These scope and anti-circumvention inquiries cover hardwood plywood

[[Page 45754]]

exported to the United States that was completed in Vietnam using: (1) 
face/back veneers and assembled core components (e.g., veneer core 
platforms) manufactured in China; (2) fully assembled veneer core 
platforms manufactured in China and face/back veneer produced in 
Vietnam or third countries; (3) multi-ply panels of glued core veneers 
manufactured in China and combined in Vietnam to produce veneer core 
platforms and combined with either face and/or back veneer produced in 
China, Vietnam, or a third country; (4) face/back veneers and 
individual core veneers produced in China; and (5) individual core 
veneers manufactured in China and processed into a veneer core platform 
\8\ in Vietnam and combined with face/back veneer produced in Vietnam 
or a third country.
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    \8\ A veneer core platform is defined as two or more wood 
veneers that form the core of an otherwise completed hardwood 
plywood product (i.e., a hardwood plywood product to which the outer 
(face and back) veneers have not yet been affixed). See Petitioner's 
Request at Exhibit 11.
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Scope Determination

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine that hardwood plywood produced under three of 
the five production scenarios that are subject to these inquiries are 
covered by the scope of the Orders. Specifically, these in-scope 
products include hardwood plywood exported to the United States that is 
composed of: (1) face veneer, back veneer, and assembled core 
components (e.g., veneer core platforms) manufactured in China and 
assembled in Vietnam; (2) fully assembled veneer core platforms 
manufactured in China that are combined in Vietnam with face and/or 
back veneers produced in Vietnam or third countries; and (3) multi-ply 
panels of glued core veneers manufactured in China that are combined in 
Vietnam to produce veneer core platforms and combined with either a 
face and/or back veneer produced in China, Vietnam, or a third country. 
In reaching this determination we relied, in part, on our recent 
Finewood Scope Ruling, in which we determined that the country of 
origin of plywood is imparted at the location where the veneers are 
first glued/assembled,\9\ as well as additional record evidence and 
analysis.\10\
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    \9\ See Memorandum, ``Placing Documents Relevant to this 
Proceeding on the Record,'' dated February 18, 2022, at Attachment 
(Memorandum, ``Antidumping Duty and Countervailing Duty Orders on 
Certain Hardwood Plywood Products from the People's Republic of 
China, Enforcement and Protect Act (EAPA) Investigation No. 7252: 
Final Scope Ruling,'' dated January 21, 2022 (Finewood Scope 
Ruling)).
    \10\ See Preliminary Decision Memorandum.
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    As a result, we preliminarily determine that this merchandise is 
within the Orders and will instruct U.S. Customs and Border Protection 
(CBP) to suspend entries of hardwood plywood from Vietnam, which were 
assembled in Vietnam under the three production scenarios above. To 
administer this preliminary affirmative scope determination, exporters 
and importers of hardwood plywood completed in Vietnam using non-
Chinese origin hardwood plywood inputs will be permitted to certify 
that the exported products were not produced under any of the three 
scenarios that result in subject merchandise. If an importer files such 
certifications, it will be required to maintain those certifications 
and supporting documentation to provide to CBP and/or Commerce upon 
request.\11\ Properly certified entries are not subject to AD and CVD 
duties under the Orders. Exemption from AD and CVD duties under the 
Orders is permitted only if the certification and documentation 
requirements specified in Appendix II are met.
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    \11\ The importer certification is provided at Appendix III and 
the exporter certification is provided at Appendix IV.
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Affirmative Preliminary Determination of Circumvention

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine that products produced under the remaining two 
of the five production scenarios that are subject to these inquiries 
are circumventing the Orders. Specifically, these products include 
hardwood plywood exported to the United States that was assembled in 
Vietnam and composed of: (1) face/back veneers and individual core 
veneers produced in China; and (2) individual core veneers manufactured 
in China and processed into a veneer core platform in Vietnam and 
combined with face/back veneer produced in Vietnam or a third country.
    As a result, we preliminarily determine that it is also appropriate 
to include this merchandise within the Orders and to instruct CBP to 
suspend entries of hardwood plywood from Vietnam, which were assembled 
in Vietnam under the two production scenarios above. To administer this 
preliminary affirmative determination of circumvention, exporters and 
importers of hardwood plywood completed in Vietnam using non-Chinese 
origin hardwood plywood inputs will be permitted to certify that the 
exported products were not produced under either of the two scenarios 
that result in merchandise circumventing the Orders. As noted above, if 
an importer files such certifications, it will also be required to 
maintain the certifications and supporting documentation to provide to 
CBP and/or Commerce upon request.\12\ Properly certified entries are 
not subject to AD and CVD duties under the Orders. Exemption from AD 
and CVD duties under the Orders is permitted only if the certification 
and documentation requirements specified in Appendix II are met.
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    \12\ The importer certification is provided at Appendix III and 
the exporter certification is provided at Appendix IV.
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Methodology

    Commerce made these preliminary scope and circumvention findings in 
accordance with section 781(b) of the Act and 19 CFR 351.225(g). We 
relied on information placed on the record by the petitioner and the 
Government of Vietnam, and information we placed on the record. We also 
relied on the facts available under section 776(a) of the Act, 
including facts available with adverse inferences under section 776(b) 
of the Act, where appropriate.
    In particular, we requested information from numerous companies in 
Vietnam in conducting these inquiries. While we received responses from 
the majority of these companies, 14 companies failed to respond to our 
initial questionnaire and/or a supplemental questionnaire and an 
additional 22 companies provided information that either contained 
significant discrepancies and inconsistencies or was misleading.\13\ 
Therefore, we preliminarily find that these 36 companies withheld 
information, failed to provide information by the deadline or in the 
form and manner requested, and significantly impeded these inquiries. 
Thus, we find that they failed to cooperate to the best of their 
abilities; thereby, we have used adverse inferences when selecting from 
among the facts otherwise available on the record for certain aspects 
of this preliminary determination, pursuant to sections 776(a) and (b) 
of the Act. As adverse facts available, we have preliminarily 
determined that these 36 companies produce hardwood plywood under all 
five of the production scenarios subject to these inquiries. 
Additionally, we preliminarily determine that these 36 companies \14\ 
are precluded from participating in the certification program we are 
establishing for applicable exports of

[[Page 45755]]

hardwood plywood from Vietnam. For a full description of the 
methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.
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    \13\ See Appendix V for a list of companies that either failed 
to respond to our requests for information or provided unreliable 
information.
    \14\ Id.
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Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2), for entries of hardwood 
plywood from Vietnam that were produced under any of the three 
production scenarios that we preliminarily determined are subject 
merchandise, Commerce will instruct CBP to continue to suspend 
liquidation and require a cash deposit of estimated duties, at the 
applicable rate, that are entered, or withdrawn from warehouse, for 
consumption on or after June 17, 2020, the date of publication of 
initiation of the scope inquiries in the Federal Register.\15\ 
Similarly, for entries of hardwood plywood from Vietnam that were 
produced under either of the two production scenarios that we 
preliminarily determined are circumventing the Orders, and therefore 
should be included within the Orders, we will instruct CBP to suspend 
liquidation and require a cash deposit of estimated duties, at the 
applicable rates, that are entered, or withdrawn from warehouse, for 
consumption on or after June 17, 2020, the date of publication of 
initiation of the anti-circumvention inquiries in the Federal 
Register.\16\
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    \15\ See Initiation Notice.
    \16\ Id.
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    Where companies subject to these inquiries have their own company-
specific rate under the Orders, the cash deposit rate will be the 
company-specific rate. Otherwise, Commerce will instruct CBP to require 
AD cash deposits equal to the China-wide rate of 183.36 percent and CVD 
cash deposits equal to the all-others rate of 22.98 percent.
    Hardwood plywood assembled in Vietnam under scenarios other than 
the five production scenarios identified above are not subject to these 
inquiries. Therefore, cash deposits are not required for such 
merchandise, subject to the following certification requirements.\17\ 
Note that, as further described below, the 36 non-cooperative exporters 
listed in Appendix V are not eligible to participate in this 
certification program.\18\
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    \17\ See Appendix II for the certification requirements and 
Appendix III for the importer certification.
    \18\ See Preliminary Decision Memorandum at ``Use of Facts 
Available with an Adverse Inference''; and, 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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    If an importer of hardwood plywood assembled in Vietnam claims that 
the hardwood plywood was not produced using any of the Chinese hardwood 
plywood input scenarios subject to these inquiries, the importer and 
exporter must meet the certification and documentation requirements 
described in Appendix II. An exporter of hardwood plywood assembled in 
Vietnam claiming that its hardwood plywood was not produced using any 
of the Chinese hardwood plywood input scenarios subject to these 
inquiries must prepare and maintain an Exporter Certification and 
documentation supporting the exporter certification (see Appendix IV). 
In addition, importers of such hardwood plywood must prepare and 
maintain an importer certification (see Appendix III) as well as 
documentation supporting the importer certification. Besides the 
importer certification, the importer must also maintain a copy of the 
exporter certification (see Appendix IV), and relevant supporting 
documentation from its exporter of hardwood plywood assembled in 
Vietnam that was not produced using any of the Chinese hardwood plywood 
input scenarios subject to these inquiries.

Verification

    As provided in 19 CFR 351.307, Commerce intends to verify 
information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Commerce will 
notify interested parties of the timeline for the submission of case 
briefs and written comments at a later date. Rebuttal briefs, limited 
to issues raised in case briefs, may be submitted no later than seven 
days after the deadline for case briefs.\19\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in these scope and anti-circumvention inquiries are encouraged 
to submit with each argument: (1) a statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\20\
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    \19\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \20\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain: 
(1) the party's name, address, and telephone number; (2) the number of 
participants; (3) whether any participant is a foreign national; and 
(4) a list of the issues to be discussed. If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

International Trade Commission Notification

    Commerce, consistent with section 781(e) of the Act, has notified 
the International Trade Commission (ITC) of this preliminary 
determination to include the merchandise subject to these anti-
circumvention inquiries within the Orders. Pursuant to section 781(e) 
of the Act, the ITC may request consultations concerning Commerce's 
proposed inclusion of the inquiry merchandise. If, after consultations, 
the ITC believes that a significant injury issue is presented by the 
proposed inclusion, it will have 60 days from the date of notification 
by Commerce to provide written advice.

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.225(f) and (h).

    Dated: July 22, 2022.
Lisa W. Wang,
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 Scope and Anti-Circumvention 
Inquiries
V. Period of the Scope and Anti-Circumvention Inquiries
VI. Statutory Framework

[[Page 45756]]

VII. Use of Facts Available with an Adverse Inference
VIII. Scope and Anti-Circumvention Determinations
IX. Country-Wide Determination
X. Certification Requirement
XI. Recommendation

Appendix II

Certification Requirements

    If a company imports hardwood plywood from the Socialist 
Republic of Vietnam (Vietnam) and claims that the hardwood plywood 
was completed in Vietnam using a production scenario other than 
those subject to these inquiries, the importer is required to 
complete and maintain the importer certification, attached as 
Appendix III, and retain all supporting documentation. The importer 
is further required to maintain a copy of the exporter 
certification, attached as Appendix IV, and retain all supporting 
documentation. The importer certification must be completed, signed, 
and dated by the time of filing of the entry summary for the 
relevant importation. Where the importer uses a broker to facilitate 
the entry process, it should obtain the entry summary 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 (e.g., invoice, purchase order, production records, 
etc.). The exporter certification must be completed, signed, and 
dated by the time of shipment of the relevant entries (except as 
noted below). The exporter certification should be completed by the 
party selling the subject merchandise manufactured in Vietnam to the 
United States.
    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. However, the importer and 
exporter will be required to present the certifications, and 
supporting documentation, to the Department of Commerce and/or U.S. 
Customs and Border Protection (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.
    For hardwood plywood completed in Vietnam under the two 
production scenarios subject to these inquiries that we have found 
to be circumventing the Orders, Commerce has established the 
following third-country case numbers in the Automated Commercial 
Environment (ACE): A-552-006 and C-552-007.
    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) and 
countervailing duty (CVD) Orders \21\ on hardwood plywood from the 
People's Republic of China, A-570-051/C-570-052 or A-552-006/C-552-
007, all unliquidated entries for which these requirements were not 
met and require the importer to post applicable AD and CVD cash 
deposits equal to the rates as determined by Commerce. Entries 
suspended under A-570-051/C-570-052 or A-552-006/C-552-007 will be 
liquidated pursuant to applicable administrative reviews of the 
Orders or through the automatic liquidation process.
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    \21\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018); 
and Certain Hardwood Plywood Products from the People's Republic of 
China: Countervailing Duty Order, 83 FR 513 (January 4, 2018) 
(collectively, the Orders).
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    For entries suspended pursuant to the preliminary determination 
of these scope and anti-circumvention inquiries that were shipped 
and/or entered, or withdrawn from warehouse, for consumption during 
the period, June 17, 2020 (the date of initiation of these scope and 
anti-circumvention inquiries) through the date of publication of the 
preliminary determination in the Federal Register, for which 
certifications are required, the exporter certifications should be 
completed as soon as practicable, but not later than 45 days after 
publication of the preliminary determination in the Federal 
Register. Accordingly, the relevant paragraph in the certification 
should be edited to reflect that the certification was completed 
within this time frame. Specifically, exporters should complete the 
language in paragraph G in the exporter certification that reads: 
``The shipments/products referenced herein shipped before mm/dd/
yyyy, the date on which Commerce published notice of its preliminary 
scope and anti-circumvention findings in the Federal Register. This 
certification was completed on mm/dd/yyyy, within 45 days of the 
Federal Register notice publication.'' For such entries, exporters 
each have the option to complete a blanket certification covering 
multiple entries, individual certifications for each entry, or a 
combination thereof. The exporter certifications should be 
maintained by both the importer and exporter and provided to CBP or 
Commerce only upon request by the respective agency. 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.
    For unliquidated entries (and entries for which liquidation has 
not become final) of merchandise entered as non-AD/CVD type entries 
(e.g. type 01) that were shipped and/or entered, or withdrawn from 
warehouse, for consumption in the United States during the period, 
June 17, 2020 (the date of initiation of these scope and anti-
circumvention inquiries) through the date of publication of the 
preliminary determination in the Federal Register, manufactured 
using any of the production scenarios subject to these inquiries, 
importers should 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). For such shipments, the exporter certifications 
should be completed as soon as practicable, but not later than 45 
days after publication of the preliminary determination in the 
Federal Register. Importers should report those AD/CVD type entries 
that were produced under production scenarios 1, 2, or 3, which we 
have found to be covered by the scope of the Orders, under the case 
numbers for the Orders on hardwood plywood from the People's 
Republic of China, A-570-051/C-570-052. Importers should report 
those AD/CVD type entries that were produced under production 
scenarios 4 or 5, which we have found to be circumventing the 
Orders, using the third-country case numbers, A-552-006/C-552-007. 
Similarly, the importer should pay cash deposits on those entries 
consistent with the regulations governing post summary corrections 
that require payment of additional duties.

Appendix III

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 
hardwood plywood completed in Vietnam that entered under entry 
summary number(s), identified below, and are covered by this 
certification. ``Direct personal knowledge'' refers to facts the 
certifying party is expected to have in its own records. For 
example, the importer should have ``direct personal knowledge'' of 
the importation of the product (e.g., the name of the exporter) in 
its records;
    (C) 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 hardwood plywood inputs 
used to produce the imported products);
    (D) This certification applies to the following entries (repeat 
this block as many times as necessary):
    Entry Summary #:
    Entry Summary Line Item #:
    Foreign Seller:
    Foreign Seller's Address:
    Foreign Seller's Invoice #:
    Foreign Seller's Invoice Line Item #:
    Country of Origin of core veneers/veneered panels/veneer core 
platforms:
    (E) The hardwood plywood completed in Vietnam was not produced 
under any of the production scenarios subject to these 
certifications:
    1. Face veneer, back veneer, and assembled core components 
(e.g., veneer core platforms (see note below)) manufactured in China 
and assembled in Vietnam;

[[Page 45757]]

    2. Fully assembled veneer core platforms manufactured in China 
that are combined in Vietnam with face and/or back veneers produced 
in Vietnam or third countries;
    3. Multi-ply panels of glued core veneers manufactured in China 
that are combined in Vietnam to produce veneer core platforms and 
combined with either a face and/or back veneer produced in China, 
Vietnam, or a third country;
    4. Face veneer, back veneer, and individual core veneers 
produced in China and assembled into hardwood plywood in Vietnam; 
and
    5. Individual core veneers manufactured in China and processed 
into a veneer core platform in Vietnam and combined with a face and/
or back veneer produced in Vietnam or other third country;
    Note: A veneer core platform is defined as two or more wood 
veneers that form the core of an otherwise completed hardwood 
plywood product (i.e., a hardwood plywood product to which the outer 
(face and back) veneers have not yet been affixed).
    (F) I understand that {IMPORTING COMPANY{time}  is required to 
maintain a copy of this certification and sufficient documentation 
supporting this certification (i.e., documents maintained in the 
normal course of business, or documents obtained by the certifying 
party, for example, certificates of origin, production records, 
invoices, USDA Plant and Plant Product Declaration Form 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;
    (G) 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);
    (H) 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) 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;
    (I) I understand that {IMPORTING COMPANY{time}  is required to 
maintain and provide a copy of the exporter's certification and 
supporting documentation, upon request, to CBP and/or Commerce;
    (J) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
    (K) I understand that failure to maintain the required 
certification and supporting documentation and/or failure to 
substantiate the claims made herein and/or failure to allow CBP and/
or Commerce to verify the claims made herein, may result in a de 
facto determination that all entries to which this certification 
applies are within the scope of the antidumping/countervailing duty 
orders on hardwood plywood from China. I understand that such 
finding 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;
    [cir] the requirement that the importer post applicable 
antidumping duty and/or countervailing duty cash deposits (as 
appropriate) equal to the rates determined by Commerce; and
    [cir] the revocation of {NAME OF IMPORTING COMPANY{time} 's 
privilege to certify that future imports of hardwood plywood are not 
produced under any of the production scenarios subject to these 
certifications.
    (L) I understand that agents of the importer, such as brokers, 
are not permitted to make this certification;
    (M) This certification was completed by the time of filing the 
entry summary or within 45 days of the date on which Commerce 
published notice of its preliminary scope and anti-circumvention 
findings in the Federal Register; and
    (N) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make material false statements to the U.S. government.

Signature

{NAME OF COMPANY OFFICIAL{time} 

{TITLE{time} 

{DATE{time} 

Appendix IV

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 in the Customs territory of the United 
States of the hardwood plywood 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;
    (C) The hardwood plywood completed in Vietnam was not produced 
under any of the following production scenarios:
    1. Face veneer, back veneer, and assembled core components 
(e.g., veneer core platforms (see note below) manufactured in China 
and assembled in Vietnam;
    2. Fully assembled veneer core platforms manufactured in China 
that are combined in Vietnam with face and/or back veneers produced 
in Vietnam or third countries;
    3. Multi-ply panels of glued core veneers manufactured in China 
that are combined in Vietnam to produce veneer core platforms and 
combined with either a face and/or back veneer produced in China, 
Vietnam, or a third country;
    4. Face veneer, back veneer, and individual core veneers 
produced in China and assembled into hardwood plywood in Vietnam; 
and
    5. Individual core veneers manufactured in China and processed 
into a veneer core platform in Vietnam and combined with a face and/
or back veneer produced in Vietnam or other third country;
    Note: A veneer core platform is defined as two or more wood 
veneers that form the core of an otherwise completed hardwood 
plywood product (i.e., a hardwood plywood product to which the outer 
(face and back) veneers have not yet been affixed).
    (D) 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's Invoice # to Foreign Seller: (If the foreign seller 
and the producer are the same party, put NA here.)
    Producer's Invoice # Foreign Seller: (If the foreign seller and 
the producer are the same party, put NA here.)
    Name of core veneers/veneered panel/veneer core platform 
producer:
    (E) The hardwood plywood products covered by this certification 
were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS 
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS 
SHIPPED{time} .
    (F) 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, production 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;
    (G) I understand that {NAME OF EXPORTING COMPANY{time}  must 
provide this Exporter Certification to the U.S. importer by the time 
of shipment. {Or{time} 
    The shipments/products referenced herein shipped before the mm/
dd/yyyy, the date on which Commerce published notice of its 
preliminary scope and anti-circumvention findings in the Federal 
Register. This certification was completed on mm/dd/yyyy, within 45 
days of the Federal Register notice publication;
    (H) I understand that failure to maintain the required 
certification and supporting documentation, failure to substantiate 
the claims made herein, and/or failure to allow CBP and/or Commerce 
to verify the claims made herein, may result in a de facto 
determination that all entries to which this certification applies 
are within the scope of the antidumping (AD)/countervailing duty 
(CVD) orders on hardwood plywood from China. I understand that such 
a finding will result in:
    (i) suspension of all unliquidated entries (and entries for 
which liquidation has not become final) for which these requirements 
were not met;
    (ii) the requirement that the importer post applicable AD and/or 
CVD cash deposits (as appropriate) equal to the rates as determined 
by Commerce; and
    (iii) the revocation of {NAME OF EXPORTING COMPANY{time} 's 
privilege to

[[Page 45758]]

certify that future imports of hardwood plywood are not produced 
under any of the production scenarios subject to these 
certifications.
    (J) This certification was completed at time of shipment or 
within 45 days of the date on which Commerce published notice of its 
preliminary scope and anti-circumvention findings in the Federal 
Register;
    (K) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make material false statements to the U.S. government.
Signature

{NAME OF COMPANY OFFICIAL{time} 

{TITLE{time} 

{DATE{time} 

Appendix V

Companies That Failed To Cooperate

1. An An Plywood Joint Stock Company
2. Arrow Forest International Co., Ltd
3. BAC Son Woods Processing Joint Stock Company
4. BHL Thai Nguyen Corp.
5. Eagle Industries Company Limited
6. Golden Bridge Industries Pte. Ltd.
7. Govina Investment Joint Stock Company
8. Greatriver Wood Co. Ltd.
9. Greatwood Hung Yen Joint Stock Company
10. Groll Ply and Cabinetry
11. Hai Hien Bamboo Wood Joint Stock Company
12. Her Hui Wood (Vietnam) Co., Ltd.
13. Hoang LAM Plywood Joint Stock Co.
14. Huong Son Wood Group Co., Ltd.
15. Innovgreen Thanh Hoa Co. Ltd.
16. Lechenwood Viet Nam Company Limited
17. Long LUU Plywood Production Co., Ltd.
18. Long Phat Construction Investment and Trade Joint Stock Company
19. Plywood Sunshine Ltd. Co.
20. Quang Phat Woods JSC
21. TEKCOM Corporation
22. Win Faith Trading

Companies That Failed To Respond

1. Bao Yen MDF Joint Stock Company
2. BHL Vietnam Investment and Development
3. Dong Tam Production Trading Company Limited
4. Greatwood Company Limited
5. Linwood Vietnam Co. Ltd
6. Quoc Thai Forestry Import Export Limited Company
7. Rongjia Woods Vietnam Company Limited
8. Sumec Huongson Wood Group Co. Ltd.
9. Tan Tien Co. Ltd
10. Thang Long Wood Panel Company Ltd.
11. Thanh Hoa Stone Export Company
12. Truong Son North Construction JSC
13. Vietind Co. Ltd.
14. Vietnam Golden Timber Company Limited

[FR Doc. 2022-16307 Filed 7-28-22; 8:45 am]
BILLING CODE 3510-DS-P