[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Notices]
[Pages 19070-19075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06582]
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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 30, 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.
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
[[Page 19071]]
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 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
[[Page 19072]]
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 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
[[Page 19073]]
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 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
[[Page 19074]]
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. 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}
[[Page 19075]]
{DATE{time}
[FR Doc. 2023-06582 Filed 3-29-23; 8:45 am]
BILLING CODE 3510-DS-P