[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Notices]
[Pages 18521-18526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06500]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-042, C-570-043]


Stainless Steel Sheet and Strip From the People's Republic of 
China: Final Scope Ruling and Final Affirmative Determination of 
Circumvention for Exports From the Socialist Republic of Vietnam

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain stainless steel sheet and strip (SSSS) of Chinese-origin that 
has undergone further processing in the Socialist Republic of Vietnam 
(Vietnam) is merchandise covered by the scope of the antidumping duty 
(AD) and countervailing duty (CVD) orders on SSSS from the People's 
Republic of China (China). Additionally, Commerce determines that SSSS 
that is completed in Vietnam using certain non-subject stainless steel 
flat-rolled inputs sourced from China, is circumventing the AD/CVD 
orders on SSSS from China. As a result, SSSS of Chinese-origin that has 
undergone further processing or completion in Vietnam will be subject 
to suspension of liquidation effective May 15, 2020.

DATES: Applicable March 29, 2023.

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse, Office of the Deputy 
Assistant Secretary for AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6345.

[[Page 18522]]


SUPPLEMENTARY INFORMATION:

Background

    On September 15, 2022, Commerce published the preliminary scope 
ruling and preliminary affirmative determination of circumvention of 
the AD/CVD orders on SSSS from China.\1\ In the Preliminary 
Determinations, we preliminarily found, pursuant to 19 CFR 
351.225(k)(1), that SSSS of Chinese-origin that has undergone further 
processing in Vietnam is covered by the scope of the Orders.\2\ 
Additionally, pursuant to section 781(b) of the Tariff Act of 1930, as 
amended (the Act), we preliminarily determined that SSSS completed in 
Vietnam using certain non-subject stainless steel flat-rolled inputs 
\3\ of Chinese-origin is circumventing the Orders.\4\
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    \1\ See Stainless Steel Sheet and Strip from the People's 
Republic of China: Preliminary Scope Ruling and Preliminary 
Affirmative Determination of Circumvention for Exports from the 
Socialist Republic of Vietnam, 87 FR 56626 (September 15, 2022) 
(Preliminary Determinations), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Preliminary Determinations, 87 FR at 56627, and PDM at 
27-28.
    \3\ The term ``certain non-subject stainless steel flat-rolled 
inputs'' refers to stainless steel flat-rolled products that are not 
further worked than hot-rolled and/or of a thickness greater than 
4.75 millimeters.
    \4\ See Preliminary Determinations, 87 FR at 56627, and PDM at 
27-28.
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    From December 5 through 9, 2022, Commerce conducted on-site 
verifications of the information submitted by the mandatory 
respondents, POSCO VST Co, Ltd. and POSCO Vietnam Processing Center, 
Ltd., at these companies' facilities located outside Ho Chi Minh City, 
Vietnam.\5\ On December 29, 2022, Commerce extended the deadline for 
the final determinations of these circumvention and scope inquiries to 
April 4, 2023.\6\
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    \5\ See Memoranda, ``Verification of the Questionnaire Responses 
of POSCO VST Co., Ltd. in the Circumvention Inquiry of the 
Antidumping and Countervailing Duty Orders on Stainless Steel Sheet 
and Strip from the People's Republic of China Further Processed In, 
and Exported from, the Socialist Republic of Vietnam,'' dated 
February 3, 2023; and, ``Verification of the Questionnaire Responses 
of POSCO Vietnam Processing Center, Ltd. in the Circumvention 
Inquiry of the Antidumping and Countervailing Duty Orders on 
Stainless Steel Sheet and Strip from the People's Republic of China 
Further Processed In, and Exported from, the Socialist Republic of 
Vietnam,'' dated February 3, 2023.
    \6\ See Memorandum, ``Stainless Steel Sheet and Strip from the 
People's Republic of China: Extension of Deadline for Issuing the 
Final Determinations in the Circumvention and Scope Inquiries,'' 
dated December 29, 2022.
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    On February 13, 2023, we received a case brief from Outokumpu 
Stainless USA LLC (Outokumpu), in which Outokumpu expressed its support 
of the Preliminary Determinations.\7\ Commerce also received a letter 
in support of Outokumpu's case brief from North American Stainless.\8\ 
No other interested parties commented on the Preliminary 
Determinations. Accordingly, we received no comments in opposition to 
our Preliminary Determinations and no requests for a public hearing 
from interested parties within the time period set forth in the 
Preliminary Determinations. Given that we received no comments in 
opposition to the Preliminary Determinations, we do not find it 
necessary to discuss these comments, which were in support of 
Commerce's decisions.
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    \7\ See Outokumpu's Letter, ``Stainless Steel Sheet and Strip 
from the People's Republic of China: Case Brief Submitted on Behalf 
of Outokumpu Stainless USA LLC,'' dated February 13, 2023.
    \8\ See North American Stainless' Letter, ``Stainless Steel 
Sheet and Strip from the People's Republic of China: North American 
Stainless' Submission in Support of Outokumpu's Case Brief,'' dated 
February 13, 2023.
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Scope of the Orders 9
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    \9\ See Stainless Steel Sheet and Strip from the People's 
Republic of China: Antidumping Duty Order, 82 FR 16160 (April 3, 
2017); see also Stainless Steel Sheet and Strip from the People's 
Republic of China: Countervailing Duty Order, 82 FR 16166 (April 3, 
2017) (collectively, Orders).
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    The product covered by the Orders is stainless steel sheet and 
strip. Subject merchandise includes SSSS that has been further 
processed in a third country, including but not limited to cold-
rolling, annealing, tempering, polishing, aluminizing, coating, 
painting, varnishing, trimming, cutting, punching, and/or slitting, or 
any other processing that would not otherwise remove the merchandise 
from the scope of the Orders if performed in the country of manufacture 
of the SSSS. Excluded from the scope of the Orders are the following: 
(1) sheet and strip that is not annealed or otherwise heat treated and 
not pickled or otherwise descaled; (2) plate (i.e., flat-rolled 
stainless steel products of a thickness of 4.75 mm or more); and (3) 
flat wire (i.e., cold-rolled sections, with a mill edge, rectangular in 
shape, of a width of not more than 9.5 mm). For a complete description 
of the scope of the Orders, see Appendix I.\10\
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    \10\ See also Preliminary Determinations PDM at 5-6.
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Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers SSSS completed in Vietnam using 
certain non-subject stainless steel flat-rolled inputs of Chinese-
origin that is subsequently exported from Vietnam to the United States.

Merchandise Subject to the Scope Inquiry

    This scope inquiry covers SSSS of Chinese-origin that has undergone 
further processing in Vietnam (including but not limited to cold-
rolling, annealing, tempering, polishing, aluminizing, coating, 
painting, varnishing, trimming, cutting, punching, and/or slitting, or 
any other processing that would not otherwise remove the merchandise 
from the scope of the Orders) that is subsequently exported to the 
United States.

Methodology

    We conducted these circumvention and scope inquiries in accordance 
with section 781(b) of the Act, and 19 CFR 351.225(h), 351.225(b), and 
351.225(k)(1).\11\ For a full description of the methodology underlying 
Commerce's final determinations, see the Preliminary Decision 
Memorandum.\12\ The Preliminary Decision Memorandum is a public 
document and 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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    \11\ On September 20, 2021, Commerce significantly revised its 
regulations pertaining to circumvention and scope inquiries, 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 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. 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. We note 
that these circumvention and scope 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.
    \12\ See Preliminary Determinations PDM at 6-28.
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Final Determinations

    As detailed in the Preliminary Determinations, pursuant to 19 CFR 
351.225(k)(1), we continue to find that SSSS of Chinese-origin that has 
undergone further processing in Vietnam is covered by the scope of the 
Orders. Additionally, pursuant to section 781(b) of the Act, we 
determine that SSSS completed in Vietnam using certain non-subject 
stainless steel flat-rolled inputs of Chinese-origin is

[[Page 18523]]

circumventing the Orders. Therefore, we determine that it is 
appropriate to include this merchandise within the scope of the Orders 
and to instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend any entries of merchandise produced using Chinese-sourced 
inputs and exported from Vietnam to the United States. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.
    Further, because Hoangvu Co., Ltd. (Hoangvu) and SK Networks Co., 
Ltd. (SK Networks) did not cooperate to the best of their ability in 
responding to Commerce's requests for information, we have based our 
determinations with respect to these companies on the facts available, 
with adverse inferences, pursuant to sections 776(a) and (b) of the 
Act. In particular, as adverse facts available (AFA), we find that the 
SSSS exported to the United States by Hoangvu and SK Networks from 
Vietnam is merchandise covered by the scope of the Orders. 
Additionally, as AFA, we find that finished SSSS products exported by 
Hoangvu and SK Networks are completed in Vietnam using certain non-
subject stainless steel flat-rolled inputs of Chinese-origin, and thus, 
are circumventing the Orders. Furthermore, as AFA, we continue to 
determine that Hoangvu and SK Networks, and their importers, are 
ineligible to certify that the SSSS exported by Hoangvu and SK Networks 
from Vietnam was produced using non-Chinese sourced inputs.

Continued Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(3), based on these final 
determinations in these circumvention and scope inquiries, Commerce 
will direct CBP to continue to suspend liquidation and to require a 
cash deposit of estimated duties on unliquidated entries of SSSS 
completed in Vietnam using inputs manufactured in China, subsequently 
exported from Vietnam to the United States, and entered, or withdrawn 
from warehouse, for consumption on or after May 15, 2020, the date of 
publication of the notice of initiation of these scope and 
circumvention inquiries.\13\ The suspension of liquidation will remain 
in effect until further notice.
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    \13\ See Stainless Steel Sheet and Strip from the People's 
Republic of China: Initiation of Anti-Circumvention and Scope 
Inquiries on the Antidumping Duty and Countervailing Duty Orders, 85 
FR 29401 (May 15, 2020).
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    SSSS that is further processed or completed in Vietnam from 
stainless steel flat-rolled inputs that are not of Chinese-origin is 
not subject to these inquiries. Therefore, cash deposits are not 
required for such merchandise subject to certification requirements set 
forth below.\14\
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    \14\ See Appendix II for the certification requirements, and 
Appendixes III and IV for the Importer and Exporter Certifications, 
respectively.
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    For these final determinations, we continue to implement the 
certification process outlined in the Preliminary Determinations. 
Specifically, if an importer of SSSS from Vietnam claims that the SSSS 
was not produced using any stainless steel flat-rolled inputs of 
Chinese-origin, in order to not be subject to cash deposit 
requirements, the importer and exporter must meet the certification and 
documentation requirements described in Appendix II. An exporter of 
SSSS produced in Vietnam claiming that its SSSS was not produced using 
any stainless steel flat-rolled inputs of Chinese-origin must prepare 
and maintain an Exporter Certification and documentation supporting the 
Exporter Certification (see Appendix IV). Additionally, importers of 
such SSSS must prepare and maintain an Importer Certification (see 
Appendix III), as well as documentation supporting the Importer 
Certification. In addition to 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 SSSS 
produced from stainless steel flat-rolled inputs that are not of 
Chinese-origin.
    As described above, the two uncooperative and non-responsive 
companies (i.e., Hoangvu and SK Networks), along with their importers, 
are not eligible to participate in the certification process at this 
time. These companies may request reconsideration of our denial of the 
certification process in a future segment of the proceeding, i.e., a 
changed circumstances review or administrative review.\15\
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    \15\ See, e.g., Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Final Determination of Anti-
Circumvention Inquiry, 85 FR 9737, 9739 (February 20, 2020) 
(``However, Protech may request reconsideration of our denial of the 
certification process in a future segment of the proceeding, i.e., a 
changed circumstances review or administrative review.''); see also 
Diamond Sawblades and Parts Thereof from the People's Republic of 
China: Final Results of Antidumping Duty Changed Circumstances 
Review, 85 FR 86905 (December 31, 2020) (``. . . Protech is eligible 
to participate in a certification process because Protech has 
demonstrated that it can identify diamond sawblades that it produced 
in Canada using non-Chinese cores and Chinese segments.'').
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Administrative Protective Order

    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 final scope and affirmative circumvention determinations are 
issued and published in accordance with section 781(b) of the Act and 
19 CFR 351.225(f) and (h).

    Dated: March 23, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Orders

    The merchandise covered by the Orders is stainless sheet and 
strip, whether in coils or straight lengths. Stainless steel is an 
alloy steel containing, by weight, 1.2 percent or less of carbon and 
10.5 percent or more of chromium, with or without other elements. 
The subject sheet and strip is a flat-rolled product with a width 
that is greater than 9.5 mm and with a thickness of 0.3048 mm and 
greater but less than 4.75 mm, and that is annealed or otherwise 
heat treated, and pickled or otherwise descaled. The subject sheet 
and strip may also be further processed (e.g., cold-rolled, 
annealed, tempered, polished, aluminized, coated, painted, 
varnished, trimmed, cut, punched, or slit, etc.) provided that it 
maintains the specific dimensions of sheet and strip set forth above 
following such processing. The products described include products 
regardless of shape, and include products of either rectangular or 
non-rectangular cross-section where such cross-section is achieved 
subsequent to the rolling process, i.e., products which have been 
``worked after rolling'' (e.g., products which have been beveled or 
rounded at the edges).
    For purposes of the width and thickness requirements referenced 
above: (1) where the nominal and actual measurements vary, a product 
is within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set forth above; and (2) where the width and thickness vary for a 
specific product (e.g., the thickness of certain products with non-
rectangular cross-section, the width of certain products with non-
rectangular shape, etc.), the measurement at its greatest width or 
thickness applies.
    All products that meet the written physical description, and in 
which the chemistry quantities do not exceed any one of the noted 
element levels listed above, are within the scope of the Orders 
unless specifically excluded.
    Subject merchandise includes stainless sheet and strip that has 
been further processed in a third country, including but

[[Page 18524]]

not limited to cold-rolling, annealing, tempering, polishing, 
aluminizing, coating, painting, varnishing, trimming, cutting, 
punching, and/or slitting, or any other processing that would not 
otherwise remove the merchandise from the scope of the Orders if 
performed in the country of manufacture of the stainless sheet and 
strip.
    Excluded from the scope of the Orders are the following: (1) 
sheet and strip that is not annealed or otherwise heat treated and 
not pickled or otherwise descaled; (2) plate (i.e., flat-rolled 
stainless steel products of a thickness of 4.75 mm or more); and (3) 
flat wire (i.e., cold-rolled sections, with a mill edge, rectangular 
in shape, of a width of not more than 9.5 mm).
    The products under the Orders are currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.0081, 
7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.23.0030, 
7219.23.0060, 7219.24.0030, 7219.24.0060, 7219.32.0005, 
7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 
7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.32.0045, 
7219.32.0060, 7219.33.0005, 7219.33.0020, 7219.33.0025, 
7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 
7219.33.0044, 7219.33.0045, 7219.33.0070, 7219.33.0080, 
7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 
7219.34.0035, 7219.34.0050, 7219.35.0005, 7219.35.0015, 
7219.35.0030, 7219.35.0035, 7219.35.0050, 7219.90.0010, 
7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 
7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 
7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 
7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 
7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the Orders is 
dispositive.

Appendix II

Certification Requirements

    If a company imports stainless steel sheet and strip (SSSS) from 
Vietnam and claims that the entry was not produced from Chinese-
sourced stainless steel flat-rolled inputs and, thus, is not subject 
to the antidumping duty (AD) and countervailing duty (CVD) orders 
\16\ on SSSS from China, then the importer is required to complete 
and maintain the Importer Certification attached hereto 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 number from the broker. Agents of the 
importer, such as brokers, however, are not permitted to make this 
certification on behalf of the importer.
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    \16\ See Stainless Steel Sheet and Strip from the People's 
Republic of China: Antidumping Duty Order, 82 FR 16160 (April 3, 
2017); see also Stainless Steel Sheet and Strip from the People's 
Republic of China: Countervailing Duty Order, 82 FR 16166 (April 3, 
2017) (collectively, Orders).
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    All importers of SSSS from Vietnam are eligible for the 
certification process detailed below, with the exception that 
entries of SSSS produced and/or exported by Hoangvu Co., Ltd. and SK 
Networks Co., Ltd. are ineligible for certification.
    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 U.S. Department of Commerce 
(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.
    For SSSS exported from Vietnam that was produced using Chinese-
sourced stainless steel flat-rolled inputs subject to this inquiry 
that has been found to be circumventing the Orders, Commerce has 
established the following third-country case numbers in the 
Automated Commercial Environment (ACE): A-552-042 and C-552-043. For 
SSSS exported from Vietnam that is merchandise covered by the scope 
of the Orders, where the country of origin does not change for CBP's 
reporting purposes, importers should report such entries under the 
case numbers for the Orders: A-570-042 and C-570-043. For SSSS 
exported from Vietnam that is merchandise covered by the scope of 
the Orders, where the country-of-origin changes for CBP's reporting 
purposes, importers should report such entries under the following 
third-country case numbers: A-552-042 and C-552-043.
    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 appropriate case numbers, 
either those established for the Orders, A-570-042/C-570-043, or the 
third country case numbers, A-552-042/C-552-043, 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-570-042/
C-570-043/A-552-042/C-552-043 will be liquidated pursuant to 
applicable administrative reviews of the Orders or through the 
automatic liquidation process.
    For shipments and/or entries suspended pursuant to the 
preliminary determinations of these scope and circumvention 
inquiries that were shipped and/or entered, or withdrawn from 
warehouse, for consumption during the period on or after May 15, 
2020 (the date of initiation of these scope and circumvention 
inquiries) through the date of publication of the preliminary 
determination in the Federal Register, for which certifications are 
required, importers and exporters should complete the required 
certification, as soon as practicable but not later than 45 days 
after the publication of the preliminary determinations in the 
Federal Register. Accordingly, where appropriate, the relevant 
bullet 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 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/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. 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 shipments and/or entries suspended pursuant to the 
preliminary determinations of these scope and circumvention 
inquiries that were shipped and/or entered, or withdrawn from 
warehouse, for consumption within 30 days of the date of publication 
of the preliminary determination in the Federal Register, for which 
certifications are required, importers and exporters should complete 
the required certification, as soon as practicable but not later 
than 45 days after the publication of the preliminary determinations 
in the Federal Register. Accordingly, where appropriate, the 
relevant bullet 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 on mm/dd/yyyy. This certification was 
completed on mm/dd/yyyy, within 45 days of the date on which 
Commerce published its preliminary scope and circumvention findings 
in the Federal Register.'' For such entries/shipments, importers and 
exporters each have the option to complete a blanket certification 
covering

[[Page 18525]]

multiple entries/shipments, individual certifications for each 
entry/shipment, 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 shipments and/or entries after 30 days from the date of 
publication of the preliminary determination in the Federal 
Register, for which certifications are required, importers and 
exporters should complete the required certification at or prior to 
the date of entry summary and exporters should complete the required 
certification and provide it to the importer at or prior to the date 
of shipment. Specifically, exporters should complete the language in 
Paragraph G in the Exporter Certification that reads: ``I understand 
that {EXPORTING COMPANY{time}  must provide this Exporter 
Certification to the U.S. importer by the time of shipment.''
    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, 
May 15, 2020 (the date of initiation of these scope and 
circumvention inquiries) through the date of publication of the 
preliminary determination in the Federal Register, that is 
merchandise covered by the scope of the Orders or was produced using 
Chinese-sourced stainless steel flat-rolled inputs subject to this 
inquiry that have been found to be circumventing the Orders, 
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 
of merchandise that is covered by the scope of the Orders, under the 
case numbers for the Orders, A-570-042/C-570-043, or A-552-042/C-
552-043, as appropriate. Importers should report those AD/CVD type 
entries that were produced using Chinese-sourced stainless steel 
flat-rolled inputs subject to this inquiry that have been found to 
be circumventing the Orders, using the third-country case numbers, 
A-552-042/C-552-043. 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 {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 
stainless steel sheet and strip (SSSS) produced 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 SSSS 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 Stainless Steel Flat-Rolled Inputs:

    If the importer is acting on behalf of the first U.S. customer, 
complete this paragraph:
    E. The SSSS covered by this certification was imported by 
{IMPORTING COMPANY{time}  on behalf of {U.S. CUSTOMER{time} , 
located at {ADDRESS OF U.S. CUSTOMER{time} ;
    F. The SSSS covered by this certification does not contain 
stainless steel flat-rolled inputs produced in the People's Republic 
of China (China);
    G. 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, product data sheets, 
mill test reports, 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;
    H. 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 U.S. Department 
of Commerce (Commerce);
    I. 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 any supporting documentation provided by the exporter to 
the importer, 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;
    J. I understand that {IMPORTING COMPANY{time}  is required to 
maintain and provide a copy of the exporter's certification and 
supporting documentation provided by the exporter to the importer, 
upon request, to CBP and/or Commerce;
    K. I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
    L. 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 duty (AD) and 
countervailing duty (CVD) orders on SSSS 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 AD and/
or CVD cash deposits (as appropriate) equal to the rates determined 
by Commerce; and
    [cir] the revocation of {IMPORTING COMPANY{time} 's privilege to 
certify that future imports of SSSS were not produced using 
stainless steel flat-rolled inputs sourced from China subject to 
these certifications.
    M. I understand that agents of the importer, such as brokers, 
are not permitted to make this certification;
    N. 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 circumvention findings 
in the Federal Register; and
    O. 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 stainless steel sheet and strip (SSSS) 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 SSSS covered by this certification does not contain 
stainless steel flat-rolled inputs produced in the People's Republic 
of China (China);
    D. This certification applies to the following sales to {NAME OF 
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S.

[[Page 18526]]

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.)
    Producer of Stainless Steel Flat-Rolled Inputs' Name:
    Location (Country) of Producer of Stainless Steel Flat-Rolled 
Inputs:

    E. The SSSS 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 {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 data sheets, mill test reports, 
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;
    G. The shipments/products referenced herein shipped before mm/
dd/yyyy, the date on which Commerce published notice of its 
preliminary scope and circumvention findings in the Federal 
Register. This certification was completed on mm/dd/yyyy, within 45 
days of the Federal Register notice publication.

{Or{time} 

    The shipments/products referenced herein shipped on mm/dd/yyyy. 
This certification was completed on mm/dd/yyyy, within 45 days of 
the date on which Commerce published its preliminary scope and 
circumvention findings in the Federal Register.

{Or{time} 

    I understand that {EXPORTING COMPANY{time}  must provide this 
Exporter Certification to the U.S. importer by the time of shipment;
    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 U.S. Customs and 
Border Protection (CBP) and/or the U.S. Department of Commerce 
(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 duty (AD) and 
countervailing duty (CVD) orders on SSSS from China. I understand 
that such a finding 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;
    [cir] the requirement that the importer post applicable AD and/
or CVD cash deposits (as appropriate) equal to the rates as 
determined by Commerce; and
    [cir] the revocation of {EXPORTING COMPANY{time} 's privilege to 
certify that future imports of SSSS were not produced using 
stainless steel flat-rolled inputs sourced from China subject to 
these certifications.
    I. 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; and
    J. 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} 

[FR Doc. 2023-06500 Filed 3-28-23; 8:45 am]
BILLING CODE 3510-DS-P