[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17177-17182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05832]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053, C-570-054]


Antidumping and Countervailing Duty Orders on Certain Aluminum 
Foil From the People's Republic of China: Preliminary Affirmative 
Determinations of Circumvention With Respect to the Republic of Korea 
and the Kingdom of Thailand

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that imports of certain aluminum foil (aluminum foil) that 
were exported from the Republic of Korea (Korea) and from the Kingdom 
of Thailand (Thailand), using inputs (i.e., aluminum foil- and sheet-
gauge products) manufactured in the People's Republic of China (China), 
as specified below, are circumventing the antidumping duty (AD) and 
countervailing duty (CVD) orders on aluminum foil from China.

DATES: Applicable March 22, 2023.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney and Mark Flessner, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4475 and (202) 482-6312, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 19, 2018, Commerce published in the Federal Register AD 
and CVD Orders on U.S. imports of aluminum foil from China.\1\ On July 
11, 2022, pursuant to section 781(b) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.226(b), Commerce self-initiated 
country-wide circumvention inquiries to determine whether imports of 
aluminum foil, completed in Korea and Thailand (collectively, the third 
countries), using inputs (i.e., aluminum foil- and sheet-gauge 
products) manufactured in China, are circumventing the Orders and, 
accordingly, should be covered by the scope of the Orders.\2\ On 
October 11, 2022, Commerce selected two respondents from each of the 
examined third countries as the mandatory respondents in these 
circumvention inquiries.\3\
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    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order, 83 FR 17362 (April 19, 2018) (Aluminum 
Foil AD Order); see also Certain Aluminum Foil from the People's 
Republic of China: Amended Final Affirmative Countervailing Duty 
Determination and Countervailing Duty Order, 83 FR 17360 (April 19, 
2018) (Aluminum Foil CVD Order) (collectively, Orders).
    \2\ See Certain Aluminum Foil from the People's Republic of 
China: Initiation of Circumvention Inquiries on the Antidumping Duty 
and Countervailing Duty Orders, 87 FR 42702 (July 18, 2022) 
(Initiation Notice).
    \3\ See Memorandum, ``Republic of Korea Respondent Selection,'' 
dated October 11, 2022; see also Memorandum, ``Kingdom of Thailand 
Respondent Identification,'' dated October 11, 2022.
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    On December 1, 2022, Commerce extended the deadline for issuing the 
preliminary determinations in these circumvention inquiries by 75 days, 
until February 28, 2023, and extended the deadline for issuing the 
final determinations by 65 days, until July 18, 2023.\4\ On February 
27, 2023, Commerce further extended the deadlines for issuing the 
preliminary and final determinations in these circumvention inquiries 
by an additional 15 days each, until March 15, 2023, and August 2, 
2023, respectively.\5\ For a complete description of the events that 
followed the initiation of these circumvention

[[Page 17178]]

inquiries, see the Preliminary Decision Memoranda.\6\ The topics 
included in the Preliminary Decision Memoranda are identified in 
Appendix I to this notice. The Preliminary Decision Memoranda are 
public documents and are on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memoranda can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Extension of Preliminary and Final 
Determinations in Circumvention Inquiries,'' dated December 1, 2022.
    \5\ See Memorandum, ``Extension of Preliminary and Final 
Determinations in Circumvention Inquiries,'' dated February 27, 
2023.
    \6\ See Memoranda, ``Aluminum Foil from the People's Republic of 
China: Preliminary Decision Memorandum for the Circumvention Inquiry 
With Respect to the Republic of Korea,'' and ``Aluminum Foil from 
the People's Republic of China: Preliminary Decision Memorandum for 
the Circumvention Inquiry With Respect to the Kingdom of Thailand,'' 
each dated concurrently with, and hereby adopted by, this notice 
(collectively, Preliminary Decision Memoranda).
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Scope of the Orders

    The merchandise covered by the Orders is certain aluminum foil. For 
a full description of the scope of the Orders, see the Preliminary 
Decision Memoranda.

Merchandise Subject to the Circumvention Inquiries

    These circumvention inquiries cover aluminum foil, assembled or 
completed in Korea and Thailand using Chinese-origin aluminum foil and/
or sheet, that is subsequently exported from Korea and Thailand to the 
United States (inquiry merchandise).

Methodology

    Commerce made these preliminary circumvention determinations in 
accordance with section 781(b) of the Act and 19 CFR 351.226. For a 
full description of the methodology underlying the preliminary 
determinations, see the Preliminary Decision Memoranda.

Preliminary Circumvention Determinations

    We preliminarily determine that aluminum foil, assembled or 
completed in Korea and Thailand by the entities identified in Appendix 
II to this notice, using Chinese-origin aluminum foil and/or sheet, 
that is subsequently exported from Korea or Thailand to the United 
States, is circumventing the Orders. For a detailed explanation of our 
determinations with respect to the entities identified in Appendix II, 
see the Preliminary Decision Memoranda and the ``Use of Adverse Facts 
Available'' section, below.
    As detailed in the Preliminary Decision Memoranda, we also 
preliminarily determine that U.S. imports of inquiry merchandise 
exported from Korea and Thailand are circumventing the Orders on a 
country-wide basis. As a result, we preliminarily determine that this 
merchandise is covered by the Orders.
    See the ``Suspension of Liquidation and Cash Deposit Requirements'' 
section below for details regarding suspension of liquidation and cash 
deposit requirements. See the ``Certification'' and ``Certification 
Requirements'' sections below for details regarding the use of 
certifications.

Use of Adverse Facts Available

    Pursuant to section 776(a) of the Act, if necessary information is 
not available on the record, or an interested party withholds requested 
information, fails to provide requested information by the deadline or 
in the form and manner requested, or significantly impeded a 
proceeding, Commerce shall use the facts otherwise available in 
reaching the applicable determination. Moreover, pursuant to section 
776(b) of the Act, Commerce may use inferences adverse to the interests 
of an interested party in selecting from among the facts otherwise 
available if the party fails to cooperate by acting to the best of its 
ability to provide requested information.
    Commerce requested information from certain companies in each of 
the examined countries related to the quantity and value (Q&V) of their 
exports during the inquiry period, for purposes of respondent 
selection. In these Q&V questionnaires, Commerce explained that, if the 
company to which Commerce issued the questionnaire fails to respond to 
the questionnaire, or fails to provide the requested information, 
Commerce may find that the company failed to cooperate by not acting to 
the best of its ability to comply with the request for information, and 
may use an inference that is adverse to the company's interests in 
selecting from the facts otherwise available. One company to which 
Commerce issued the Q&V questionnaire in the Thailand inquiry (i.e., 
Sankyu Thai Co., Ltd. (Sankyu)) received, but failed to timely respond 
to, the Q&V questionnaire.
    Therefore, we preliminarily find that necessary information is not 
available on the record and that Sankyu withheld requested information, 
failed to provide requested information by the deadline or in the form 
and manner requested, and significantly impeded these inquiries. 
Moreover, we find that this company failed to cooperate to the best of 
its ability to provide the requested Q&V information because it did not 
provide any response to Commerce's Q&V questionnaire. Consequently, we 
used adverse inferences with respect to Sankyu in selecting from among 
the facts otherwise available on the record, pursuant to sections 
776(a) and (b) of the Act. For details regarding the adverse facts 
available used in our decisions, see the Preliminary Decision 
Memoranda.
    Based on the adverse facts available used, we preliminarily 
determine that Sankyu exported inquiry merchandise and that U.S. 
entries of that merchandise are circumventing the Orders. Additionally, 
we are preliminarily precluding Sankyu from participating in the 
certification programs that we are establishing for exports of aluminum 
foil from Thailand.
    U.S. entries of inquiry merchandise made on or after July 18, 2022, 
that are ineligible for certification based on the failure of Sankyu to 
cooperate, or for other reasons, shall remain subject to suspension of 
liquidation until final assessment instructions on those entries are 
issued, whether by automatic liquidation instructions, or by 
instructions pursuant to the final results of an administrative 
review.\7\ Interested parties that wish to have their suspended 
entries, if any, reviewed, and their ineligibility for the 
certification program re-evaluated, should request an administrative 
review of the relevant suspended entries during the next anniversary 
month of these Orders (i.e., April 2023).\8\
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    \7\ Commerce continues to consider the process by which 
companies may demonstrate eligibility for the certification program 
in future segments of the aluminum foil proceedings. Commerce 
encourages interested parties to provide comments on this topic in 
their case briefs.
    \8\ See 19 CFR 351.213(b).
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Preliminary Determination of No Shipments

    On September 1, 2022, UACJ (Thailand) Co., Ltd. (UACJ) timely filed 
a response to Commerce's Q&V questionnaire, in which it reported that 
it did not sell or export the merchandise covered by the circumvention 
inquiry to the United States during the period of inquiry.\9\ Based on 
the supporting information provided by UACJ,\10\ we preliminarily 
determine that UACJ had no shipments of inquiry merchandise to the 
United States during the period of inquiry.
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    \9\ See UACJ's Letter, ``Response to the Quantity and Value 
Questionnaire,'' dated September 1, 2022.
    \10\ Id.

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[[Page 17179]]

Suspension of Liquidation

    Based on the preliminary affirmative country-wide determinations of 
circumvention for Korea and Thailand, and preliminary affirmative 
determinations of circumvention for the companies identified in 
Appendix II, in accordance with 19 CFR 351.225(l)(2), we will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation and 
require a cash deposit of estimated duties on unliquidated entries of 
aluminum foil, assembled or completed in Korea and Thailand using 
Chinese-origin aluminum foil and/or sheet, that were entered, or 
withdrawn from warehouse, for consumption on or after July 18, 2022, 
the date of publication of the initiation of these circumvention 
inquiries in the Federal Register.
    For exporters of the aluminum foil that have a company-specific 
cash deposit rate under the Aluminum Foil AD Order and/or Aluminum Foil 
CVD Order, the cash deposit rate will be the company-specific AD and/or 
CVD cash deposit rate established for that company in the most recently 
completed segment of the aluminum foil proceedings. For exporters of 
aluminum foil that do not have a company-specific cash deposit rate 
under the Aluminum Foil AD Order and/or Aluminum Foil CVD Order, the 
cash deposit rate will be the company-specific cash deposit rate 
established under the Aluminum Foil AD Order and/or Aluminum Foil CVD 
Order for the company that exported the aluminum foil and/or sheet to 
the producer/exporter in Korea or Thailand that was incorporated in the 
imported aluminum foil. If neither the exporter of the aluminum foil 
from Korea or Thailand, nor the Chinese exporter of the aluminum foil 
and/or sheet, has a company-specific cash deposit rate, the AD cash 
deposit rate will be the China-wide rate (106.09 percent), and the CVD 
cash deposit rate will be the ``all-others'' rate (18.56 percent). 
Commerce has established the following third-country case numbers in 
the Automated Commercial Environment (ACE) for such entries: Korea A-
580-053/C-580-054; Thailand A-549-053/C-549-054. The suspension of 
liquidation will remain in effect until further notice.

Certified Entries

    Entries for which the importer and exporter have met the 
certification requirements described below and in Appendix III to this 
notice will not be subject to suspension of liquidation, or the cash 
deposit requirements described above. Failure to comply with the 
applicable requisite certification requirements may result in the 
merchandise being subject to antidumping and countervailing duties.

Certifications

    In order to administer the preliminary country-wide and company-
specific affirmative determinations of circumvention for Korea and 
Thailand, Commerce has established importer and exporter 
certifications. These certifications will permit importers and 
exporters to establish that specific entries of aluminum foil from 
Korea and Thailand are not subject to suspension of liquidation or the 
collection of cash deposits pursuant to these preliminary country-wide 
affirmative determinations of circumvention because the merchandise 
meets the component content requirements described in the certification 
(see Appendix III to this notice). Because Sankyu was non-cooperative, 
it is not eligible to use the certification described above.\11\
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    \11\ See Preliminary Decision Memoranda at ``Use of Facts 
Available with Adverse Inferences,'' 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 
and 54676 (October 13, 1998).
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    Importers and exporters that claim that an entry of aluminum foil 
is not subject to suspension of liquidation or the collection of cash 
deposits based on the inputs used to manufacture such merchandise must 
complete the applicable certification and meet the certification and 
documentation requirements described below, as well as the requirements 
identified in the applicable certification.

Certification Requirements for Korea and Thailand

    Importers are required to complete and maintain the applicable 
importer certification, and maintain a copy of the applicable exporter 
certification, and retain all supporting documentation for both 
certifications. With the exception of the entries described below, the 
importer certification must be completed, signed, and dated by the time 
the entry summary is filed for the relevant entry. The importer, or the 
importer's agent, must submit both the importer's certification and the 
exporter's certification to CBP as part of the entry process by 
uploading them into the document imaging system (DIS) in ACE. Where the 
importer uses a broker to facilitate the entry process, it should 
obtain the entry summary number from the broker. Agents of the 
importer, such as brokers, however, are not permitted to certify on 
behalf of the importer.
    Exporters are required to complete and maintain the applicable 
exporter certification and provide the importer with a copy of that 
certification and all supporting documentation (e.g., invoice, purchase 
order, production records, etc.). With the exception of the entries 
described below, the exporter certification must be completed, signed, 
and dated by the time of shipment of the relevant entries. The exporter 
certification must be completed by the party selling the aluminum foil 
that was manufactured in Korea or Thailand to the United States.
    Additionally, the claims made in the certifications and any 
supporting documentation are subject to verification by Commerce and/or 
CBP. Importers and exporters are required to maintain the 
certifications and supporting documentation until the later of: (1) the 
date that is five years after the latest entry date of the entries 
covered by the certification; or (2) the date that is three years after 
the conclusion of any litigation in United States courts regarding such 
entries.
    For all aluminum foil from Korea and Thailand that was entered, or 
withdrawn from warehouse, for consumption during the period July 18, 
2022 (the date of initiation of these circumvention inquiries), through 
the date of publication of the preliminary determinations in the 
Federal Register, where the entry has not been liquidated (and entries 
for which liquidation has not become final), the relevant certification 
should be completed and signed as soon as practicable, but not later 
than 45 days after the date of publication of these preliminary 
determinations in the Federal Register. For such entries, importers, 
and exporters each have the option to complete a blanket certification 
covering multiple entries, individual certifications for each entry, or 
a combination thereof. The exporter must provide the importer with a 
copy of the exporter certification within 45 days of the date of 
publication of these preliminary determinations in the Federal 
Register.
    For unliquidated entries (and entries for which liquidation has not 
become final) of aluminum foil that were declared as non-AD/CVD type 
entries (e.g., type 01) and entered, or withdrawn from warehouse, for 
consumption in the United States during the period July 18, 2022 (the 
date of initiation of these circumvention inquiries) through the date 
of publication of these preliminary

[[Page 17180]]

determinations in the Federal Register, for which none of the above 
certifications may be made, importers must file a Post Summary 
Correction with CBP, in accordance with CBP's regulations, regarding 
conversion of such entries from non-AD/CVD type entries to AD/CVD type 
entries (e.g., type 01 to type 03). Importers should report those AD/
CVD type entries using the following third-country case numbers: Korea 
A-580-053/C-580-054; Thailand A-549-053/C-549-054. Other third-country 
case numbers may be established following the process described above. 
The importer should pay cash deposits on those entries consistent with 
the regulations governing post summary corrections that require payment 
of additional duties.
    If it is determined that an importer and/or exporter has not met 
the certification and/or related documentation requirements for certain 
entries, Commerce intends to instruct CBP to suspend, pursuant to these 
preliminary country-wide affirmative determinations of circumvention 
and the Orders,\12\ all unliquidated entries for which these 
requirements were not met and to require the importer to post 
applicable AD and CVD cash deposits equal to the rates noted above.
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    \12\ See Orders.
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    Interested parties may comment in their case briefs on these 
certification requirements, and on the certification language contained 
in the appendices to this notice.

Verification

    As provided in 19 CFR 351.226(f)(3), Commerce intends to verify the 
information relied upon in making its final determinations.

Public Comment

    Case briefs or other written comments for a particular country 
should be submitted to the Assistant Secretary for Enforcement and 
Compliance no later than seven days after the date on which the last 
verification report for that country is issued. Rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
seven days after the deadline for case briefs.\13\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in these 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.\14\
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    \13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \14\ 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 for a particular country, 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 
in the Federal Register. Requests should contain: (1) the requesting 
party's name, address, and telephone number; (2) the number of 
individuals from the requesting party that will attend the hearing and 
whether any of those individuals is a foreign national; and (3) a list 
of the issues that the party intends to discuss at the hearing. 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 of the hearing.

U.S. International Trade Commission Notification

    Commerce, consistent with section 781(e) of the Act, will notify 
the U.S. International Trade Commission (ITC) of these preliminary 
determinations to include the merchandise subject to these 
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

    These determinations are issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.226(g)(1).

    Dated: March 15, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

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            Appendix No.                         Appendix name
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I...................................  Topics Discussed in the
                                       Preliminary Decision Memoranda.
II..................................  Companies Preliminarily Found to
                                       be Circumventing the Orders.
III.................................  Certification Regarding Chinese
                                       Components.
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Appendices

Appendix I

Topics Discussed in the Preliminary Decision Memoranda

Korea

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Non-Market Economy Methodology for Valuing Material Inputs From 
China
VII. Statutory and Regulatory Framework for the Circumvention 
Inquiry
VIII. Statutory Analysis for the Circumvention Inquiry
IX. Summary of Statutory Analysis
X. Verification
XI. Certification Process and Country-Wide Affirmation Determination 
of Circumvention
XII. Recommendation

Thailand

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Affiliation and Collapsing
VII. Non-Market Economy Methodology for Valuing Material Inputs From 
China
VIII. Statutory and Regulatory Framework for the Circumvention 
Inquiry
IX. Use of Facts Available With Adverse Inferences
X. Statutory Analysis for the Circumvention Inquiry
XI. Summary of Statutory Analysis
XII. Verification
XIII. Certification Process and Country-Wide Affirmation 
Determination of Circumvention
XIV. Recommendation

Appendix II

Companies Found To Be Circumventing the Orders

Korea

1. Dong-IL Aluminium Co., Ltd.
2. Lotte Aluminium Co., Ltd.
3. Dongwon Systems Corp.
4. ILJIN ALTECH Co., Ltd.
5. Korea Aluminium Co., Ltd.
6. Sam-A Aluminium Co., Ltd.

Thailand

1. Dingheng New Materials Co., Ltd.
2. Ding Li New Materials Co., Ltd.
3. Sankyu Thai Co., Ltd. (based on adverse facts available)

[[Page 17181]]

Appendix III

Certification Regarding Chinese Components

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 
aluminum foil completed in {COUNTRY{time}  that entered under the 
entry summary number(s), identified below, and are covered by this 
certification. ``Direct personal knowledge'' refers to the facts the 
certifying party is expected to have in its own records. For 
example, the importer should have direct personal knowledge of the 
exporter's and/or seller's identity and location.
    C. If the importer is acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    The aluminum foil covered by this certification was imported by 
{NAME OF IMPORTING COMPANY{time}  on behalf of {NAME OF U.S. 
CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .
    If the importer is not acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    {NAME OF IMPORTING COMPANY{time}  is not acting on behalf of the 
first U.S. customer.
    D. The aluminum foil covered by this certification was shipped 
to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS 
FIRST SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE 
WAS SHIPPED{time} .
    E. I have personal knowledge of the facts regarding the 
production of the imported products covered by this certification. 
``Personal knowledge'' includes facts obtained from another party, 
(e.g., correspondence received by the importer (or exporter) from 
the producer regarding the source of the inputs used to produce the 
imported products).
    F. The importer certifies that the aluminum foil produced in 
{COUNTRY{time}  that is covered by this certification was not 
manufactured using aluminum foil and/or sheet produced in China, 
regardless of whether sourced directly from a Chinese producer or 
from a downstream supplier.
    G. The aluminum foil covered by this certification is not 
covered by the antidumping duty or countervailing duty orders on 
certain aluminum foil from the People's Republic of China.
    H. This certification applies to the following entries (repeat 
this block as many times as necessary):
    Entry Summary #:
    Entry Summary Line Item #:
    Foreign Seller:
    Foreign Seller's Address:
    Foreign Seller's Invoice #:
    Foreign Seller's Invoice Line Item #:
    Producer:
    Producer's Address:
    I. I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, product specification sheets, 
production records, invoices, etc.) until the later of: (1) the date 
that is five years after the latest entry date of the entries 
covered by the certification; or (2) the date that is three years 
after the conclusion of any litigation in United States courts 
regarding such entries.
    J. I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of the exporter's certification 
(attesting to information regarding the production and/or 
exportation of the imported merchandise identified above), and any 
supporting documentation provided to the importer by the exporter, 
until the later of: (1) the date that is five years after the latest 
entry date of the entries covered by the certification; or (2) the 
date that is three years after the conclusion of any litigation in 
United States courts regarding such entries.
    K. I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to provide U.S. Customs and Border Protection (CBP) and/or 
the U.S. Department of Commerce (Commerce) with the importer 
certification, and any supporting documentation, and a copy of the 
exporter's certification, and any supporting documentation provided 
to the importer by the exporter, upon the request of either agency.
    L. I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    M. I understand that failure to maintain the required 
certifications and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all entries to which this certification applies 
are entries of merchandise that is covered by the scope of the 
antidumping and countervailing duty orders on aluminum foil from 
China. I understand that such a finding will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping duty 
and countervailing duty cash deposits determined by Commerce; and
    (iii) the importer no longer being allowed to participate in the 
certification process.
    N. I understand that agents of the importer, such as brokers, 
are not permitted to make this certification.
    O. This certification was completed and signed on, or prior to, 
the date of the entry summary if the entry date is more than 14 days 
after the date of publication of the notice of Commerce's 
preliminary determination of circumvention in the Federal Register. 
If the entry date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed by no later than 45 days after publication of 
the notice of Commerce's preliminary determination of circumvention 
in the Federal Register.
    P. I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.

Signature

{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 

{DATE{time} 

Exporter Certification

    The party that made the sale to the United States should fill 
out the exporter certification.
    I hereby certify that:
    A. My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {NAME OF EXPORTING COMPANY{time} , located at {ADDRESS 
OF EXPORTING COMPANY{time} .
    B. I have direct personal knowledge of the facts regarding the 
production and exportation of the aluminum foil for which sales are 
identified below. ``Direct personal knowledge'' refers to facts the 
certifying party is expected to have in its own records. For 
example, an exporter should have direct personal knowledge of the 
producer's identity and location.
    C. The aluminum foil covered by this certification was shipped 
to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST 
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS 
SHIPPED{time} .
    D. The seller certifies that the aluminum foil produced in 
{COUNTRY{time}  that is covered by this certification was not 
manufactured using aluminum foil and/or sheet produced in China, 
regardless of whether sourced directly from a Chinese producer or 
from a downstream supplier.
    E. The aluminum foil covered by this certification is not 
covered by the antidumping duty or countervailing duty orders on 
certain aluminum foil from the People's Republic of China.
    F. This certification applies to the following sales to {NAME OF 
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}  
(repeat this block as many times as necessary):
    Foreign Seller's Invoice # to U.S. Customer:
    Foreign Seller's Invoice to U.S. Customer Line Item #:
    Producer Name:
    Producer's Address:
    Producer's Invoice # to the Foreign Seller: (if the foreign 
seller and the producer are the same party, report ``NA'' here)
    G. I understand that {EXPORTING COMPANY{time}  is required to 
maintain a copy of this certification and sufficient documentation 
supporting this certification (i.e., documents maintained in the 
normal course of business, or documents obtained by the certifying 
party, for example, product specification sheets, customer 
specification sheets, production records, invoices, etc.) until the 
later of: (1) the date that is five years after the latest entry 
date of the entries covered by the certification; or (2) the date 
that is three years after the conclusion of any

[[Page 17182]]

litigation in United States courts regarding such entries.
    H. I understand that {EXPORTING COMPANY{time}  is required to 
provide the U.S. importer with a copy of this certification and is 
required to provide U.S. Customs and Border Protection (CBP) and/or 
the U.S. Department of Commerce (Commerce) with this certification, 
and any supporting documents, upon the request of either agency.
    I. I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    J. I understand that failure to maintain the required 
certification and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all sales to which this certification applies are 
sales of merchandise that is covered by the scope of the antidumping 
and countervailing duty orders on aluminum foil from China. I 
understand that such a finding will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping and 
countervailing duty cash deposits determined by Commerce; and
    (iii) the seller/exporter no longer being allowed to participate 
in the certification process.
    K. I understand that agents of the seller/exporter, such as 
freight forwarding companies or brokers, are not permitted to make 
this certification.
    L. This certification was completed and signed, and a copy of 
the certification was provided to the importer, on, or prior to, the 
date of shipment if the shipment date is after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register. If the shipment date is on or 
before the date of publication of the notice of Commerce's 
preliminary determination of circumvention in the Federal Register, 
this certification was completed and signed, and a copy of the 
certification was provided to the importer, by no later than 45 days 
after publication of the notice of Commerce's preliminary 
determination of circumvention in the Federal Register.
    M. I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.
Signature

{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 

{DATE{time} 

[FR Doc. 2023-05832 Filed 3-21-23; 8:45 am]
BILLING CODE 3510-DS-P