[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 21980-21985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07711]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-803]


Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: 
Preliminary Affirmative Determination of Circumvention of the 
Antidumping Duty Order

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that imports of light-walled welded rectangular carbon steel 
tubing (LWR tubing) from Taiwan, completed in the Socialist Republic of 
Vietnam (Vietnam) using hot-rolled steel (HRS) produced in Taiwan, are 
circumventing the antidumping duty (AD) order on LWR tubing from 
Taiwan.

DATES: Applicable April 12, 2023.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Christopher Williams, 
AD/CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3683 or (202) 
482-5166, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 27, 1989, Commerce published in the Federal Register, the 
AD order on LWR tubing from Taiwan.\1\ On August 4, 2022, Commerce 
initiated a country-wide circumvention inquiry to determine whether 
certain imports of LWR tubing completed in Vietnam using HRS produced 
in Taiwan are circumventing the Order.\2\ On August

[[Page 21981]]

30, 2022, Commerce selected, in alphabetical order, Hoa Phat Steel Pipe 
Company Ltd (Hoa Phat) and Vina One Steel Manufacturing Corp (Vina One) 
as the mandatory respondents in this circumvention inquiry.\3\
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    \1\ See Antidumping Duty Order; Light-Walled Welded Rectangular 
Carbon Steel Tubing from Taiwan, 54 FR 12467 (March 27, 1989) (Order 
or Taiwan Order).
    \2\ See Circular Welded Carbon Quality Steel Pipe from the 
People's Republic of China; Certain Circular Welded Non-Alloy Steel 
Pipe from the Republic of Korea; Certain Welded Carbon Steel 
Standard Pipes and Tubes from India; Certain Circular Welded Carbon 
Steel Pipes and Tubes from Taiwan; Certain Circular Welded Non-Alloy 
Steel Pipe from Taiwan; Light-Walled Rectangular Pipe and Tube from 
the People's Republic of China; Light-Walled Rectangular Pipe and 
Tube from the Republic of Korea; Light-Walled Welded Rectangular 
Carbon Steel Tubing from Taiwan: Initiation of Circumvention 
Inquiries on the Antidumping and Countervailing Duty Orders, 87 FR 
47711 (August 4, 2022), and accompanying Circumvention Initiation 
Memorandum.
    \3\ See Memorandum, ``Respondent Selection Memorandum,'' dated 
August 30, 2022.
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    On December 9, 2022, Commerce extended the time limit for issuing 
the preliminary determination of this circumvention inquiry from 
January 3 to March 31, 2023.\4\ On March 31, 2023, Commerce extended 
the time limit for issuing the preliminary determination in this 
circumvention inquiry from March 31 to April 6, 2023.\5\ For a complete 
description of the events that followed the initiation of this 
circumvention inquiry, see the Preliminary Decision Memorandum.\6\
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    \4\ See Memorandum. ``Extension of Preliminary Determinations in 
Circumvention Inquiries,'' dated December 9, 2022.
    \5\ See Memorandum, ``Second Extension of Preliminary 
Determinations in Circumvention Inquiries,'' dated March 31, 2023.
    \6\ See Memorandum, ``Preliminary Decision Memorandum for the 
Circumvention Inquiry on the Antidumping Duty Order,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The product covered by the Order is light-walled welded carbon 
steel pipe and tube of rectangular (including square) cross-section 
having a wall thickness of less than 0.156 inch. For a full description 
of the scope of the Order, see the Preliminary Decision Memorandum.\7\
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    \7\ Id. at 2.
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Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers LWR tubing completed in Vietnam 
using Taiwan-origin HRS, which is subsequently exported from Vietnam to 
the United States (inquiry merchandise).

Methodology

    Commerce is conducting this circumvention inquiry in accordance 
with section 781(b) of the Tariff Act of 1930, as amended (the Act) and 
19 CFR 351.226. For a complete description of the methodology 
underlying the preliminary determination, see the Preliminary Decision 
Memorandum. A list of topics discussed in the Preliminary Decision 
Memorandum is included in Appendix I to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Circumvention Determination

    As detailed in the Preliminary Decision Memorandum, Commerce 
preliminarily determines that LWR tubing completed in Vietnam, using 
Taiwan-origin HRS, and subsequently exported from Vietnam to the United 
States, is circumventing the Order on a country-wide basis. As a 
result, in accordance with section 781(b) of the Act, we preliminarily 
determine that the inquiry merchandise should be included within the 
scope of the Order. See the ``Suspension of Liquidation and Cash 
Deposit Requirements'' section, below, for details regarding suspension 
of liquidation and cash deposit requirements. See the 
``Certifications'' and ``Certification Requirements for Vietnam'' 
sections, below, for details regarding the use of certifications.

Use of Adverse Facts Available

    Pursuant to section 776(a) of the Act, if the 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 not acting to the best of 
its ability to provide requested information.
    Commerce requested information from the two exporters that account 
for the largest volume of the subject merchandise from Vietnam during 
the inquiry period that Commerce determined can be reasonably examined 
for purposes of respondent selection. In these initial questionnaires, 
Commerce explained that, if the company to which Commerce issued the 
questionnaire fails to respond timely 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 of the mandatory respondents to which Commerce 
issued the initial questionnaire in this inquiry, i.e., Hoa Phat, 
received, but failed to timely respond to, Commerce's questionnaire.\8\
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    \8\ Id. at 6.
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    Therefore, we preliminarily find that Hoa Phat failed to provide 
requested information by the deadline or in the form and manner 
requested, and significantly impeded this inquiry. Moreover, we find 
that this company failed to cooperate to the best of its ability to 
provide the requested information because it did not provide a timely 
response to Commerce's initial questionnaire. Consequently, we used 
adverse inferences with respect to Hoa Phat 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 this preliminary determination, see the Preliminary Decision 
Memorandum.
    As detailed in the Preliminary Decision Memorandum, based on AFA, 
we preliminarily determine that Hoa Phat exported inquiry merchandise 
and that U.S. entries of that merchandise are circumventing the Order. 
Additionally, we are preliminarily precluding Hoa Phat from 
participating in the certification program that we are establishing for 
exports of LWR tubing from Vietnam.
    U.S. entries of inquiry merchandise made on or after August 4, 
2022, that are ineligible for certification based on the failure of Hoa 
Phat 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.\9\
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    \9\ Commerce encourages interested parties to provide comments 
on this topic in their case briefs.
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Suspension of Liquidation and Cash Deposit Requirements

    Based on the preliminary affirmative country-wide determination of 
circumvention for Taiwan, in accordance with 19 CFR 351.226(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 LWR tubing completed in Vietnam using Taiwan-
origin HRS, that were entered, or withdrawn from warehouse, for 
consumption on or after August 4, 2022, the date of publication of the 
initiation of this circumvention inquiry in the Federal Register.

[[Page 21982]]

    LWR tubing produced in Vietnam from HRS that is not of Taiwan 
origin is not subject to this inquiry. Therefore, cash deposits are not 
required for such merchandise under the Taiwan Order. However, Commerce 
preliminarily finds that light-walled rectangular pipe and tube (LWRPT) 
completed in Vietnam using the People's Republic of China (China)-
origin HRS is circumventing the AD and countervailing duty (CVD) orders 
on LWRPT from China, and LWRPT from Republic of Korea (Korea) completed 
in Vietnam using Korea-origin HRS is circumventing the AD order on 
LWRPT from Korea.\10\ Imports of such merchandise are subject to 
certification requirements, and cash deposits may be required.
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    \10\ See the unpublished Federal Register notices, ``Light-
Walled Rectangular Pipe and Tube from the People's Republic of 
China: Preliminary Affirmative Determination of Circumvention of the 
Antidumping and Countervailing Duty Orders,'' and ``Light-Walled 
Welded Rectangular Carbon Steel Tubing from Korea: Preliminary 
Affirmative Determination of Circumvention of the Antidumping Duty 
Order,'' dated concurrently with this notice.
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    If an importer imports LWR tubing from Vietnam and claims that the 
LWR tubing was not produced from Taiwan-origin HRS, in order to not be 
subject to the Taiwan Order cash deposit requirements, the importer and 
exporter are required to meet the certification and documentation 
requirements described in the ``Certifications'' and ``Certification 
Requirements for Vietnam'' sections, below.
    Where no certification is provided for an entry, and AD/CVD orders 
from three countries (China, Korea, or Taiwan) potentially apply to 
that entry, Commerce intends to instruct CBP to suspend the entry and 
collect cash deposits at the rates applicable to the AD and CVD orders 
on LWRPT from China (i.e., the AD rate established for the China-wide 
entity (255.07 percent) and the CVD rate established for all-others 
(15.28 percent) under the following third country case numbers: A-552-
914-000 and C-552-915-000.\11\ This is to prevent evasion, given that 
the AD/CVD rates established for LWRPT from China are higher than the 
AD rates established for LWRPT from Korea and LWR tubing from Taiwan.
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    \11\ See Light-Walled Rectangular Pipe and Tube from Mexico, the 
People's Republic of China, and the Republic of Korea: Antidumping 
Duty Orders; Light-Walled Rectangular Pipe and Tube from the 
Republic of Korea: Notice of Amended Final Determination of Sales at 
Less Than Fair Value, 73 FR 45403 (August 5, 2008); and Light-Walled 
Rectangular Pipe and Tube from the People's Republic of China: 
Notice of Countervailing Duty Order, 73 FR 45405 (August 5, 2008).
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    Where a certification is provided for the AD/CVD orders on LWRPT 
from China (stating that the merchandise was not produced using China-
origin HRS), but no other certification is provided, then Commerce 
intends to instruct CBP to suspend the entry and collect cash deposits 
at the rate applicable to the Taiwan Order (i.e., the AD rate 
established for all-others (18.05 percent)) under the following third 
country case number: A-552-863-000.\12\ This is to prevent evasion, 
given that the AD rate established for LWR tubing from Taiwan is higher 
than the AD rate established for LWRPT from Korea.
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    \12\ See Light-Walled Welded Rectangular Carbon Steel Tubing 
from Taiwan; Final Results of Antidumping Duty Administrative 
Review, 57 FR 24464, 24466 (June 9, 1992).
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    Commerce established the following third country case number in the 
Automated Commercial Environment (ACE) for entries of LWR tubing 
produced in Vietnam using Taiwan-origin HRS: A-552-863-000. Commerce 
also established the following company-specific third country case 
number for Vina One, for which Commerce made an affirmative 
determination of circumvention, for entries of LWR tubing produced in 
Vietnam using Taiwan-origin HRS: A-552-863-001. The cash deposit rate 
will be the Taiwan AD all-others rate (i.e., 18.05 percent).\13\
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    \13\ Id.
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    For Hoa Phat, which will not be permitted to certify that its 
merchandise was not produced from Taiwan-origin HRS, Commerce will 
direct CBP to suspend liquidation and require a cash deposit at the AD/
CVD rates established for LWRPT from China. Commerce established the 
following company-specific third country case numbers for Hoa Phat: A-
552-914-001 and C-552-915-001.
    These suspension of liquidation instructions 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 II 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 duties.

Certifications

    To administer the preliminary affirmative country-wide 
determination of circumvention, Commerce established importer and 
exporter certifications, which allow companies to certify that specific 
entries of LWR tubing from Vietnam are not subject to suspension of 
liquidation or the collection of cash deposits pursuant to this 
preliminary affirmative country-wide determination of circumvention 
because the merchandise is not made with Taiwan-origin HRS (see 
Appendix II to this notice). Because Hoa Phat was non-cooperative, it 
is not eligible to use the certification described above.\14\
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    \14\ See Preliminary Decision Memorandum at the ``Use of Facts 
Available with Adverse Inferences'' section; see also, e.g., Anti-
circumvention Inquiry of the Antidumping Duty Order on Certain Pasta 
from Italy: Affirmative Preliminary Determination of Circumvention 
of the Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998), 
unchanged in Anti-Circumvention Inquiry of the Antidumping Duty 
Order on Certain Pasta from Italy: Affirmative Final Determination 
of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675-
76 (October 13, 1998).
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    Importers and exporters that claim that the entry of LWR tubing is 
not subject to suspension of liquidation or the collection of cash 
deposits because the merchandise is not made with Taiwan-origin HRS 
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 Vietnam

    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, the importer 
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 should be completed by the

[[Page 21983]]

party selling the LWR tubing that was manufactured in Vietnam 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 LWR tubing from Vietnam that was entered, or withdrawn from 
warehouse, for consumption during the period August 4, 2022 (the date 
of initiation of these circumvention inquiries), through the date of 
publication of the preliminary determination 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 this preliminary determination 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 
this preliminary determination in the Federal Register.
    For unliquidated entries (and entries for which liquidation has not 
become final) of LWR tubing that were declared as non-AD type entries 
(e.g., type 01) and entered, or withdrawn from warehouse, for 
consumption in the United States during the period August 4, 2022 (the 
date of initiation of these circumvention inquiries), through the date 
of publication of the preliminary determination 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 type entries to AD type entries (e.g., type 01 to type 03). 
Importers should report those AD type entries using the third country 
case numbers identified in the ``Suspension of Liquidation and Cash 
Deposit Requirements'' section, 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 this 
preliminary affirmative country-wide determination of circumvention and 
the Order,\15\ all unliquidated entries for which these requirements 
were not met and to require the importer to post applicable cash 
deposits equal to the rates noted above.
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    \15\ See Order.
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    Interested parties may comment on these certification requirements, 
and on the certification language contained in Appendix II to this 
notice in their case briefs.

Verification

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

Public Comment

    Case briefs or other written comments 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 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.\16\ Parties who submit case briefs or rebuttal briefs in this 
proceeding 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.\17\
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    \16\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \17\ See 19 CFR 351.309(c)(2)(d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined.
    All submissions should be filed electronically via ACCESS.\18\ 
Alternative arrangements for manual filings must be made by contacting 
the official in charge at least 72 hours before the deadline. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\19\
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    \18\ See 19 CFR 351.303.
    \19\ See 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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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 this preliminary 
determination to include the merchandise subject to this circumvention 
inquiry within the Order. Pursuant to section 781(e) of the Act, the 
ITC may request consultations concerning Commerce's proposed inclusion 
of the inquiry merchandise. If, after consultations, the ITC believes 
that a significant injury issue is presented by the proposed inclusion, 
it will have 60 days from the date of notification by Commerce to 
provide written advice.

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.226(g)(1).

    Dated: April 6, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Application of Facts Available and Use of Adverse Inference
VII. Affiliation and Collapsing
VIII. Statutory and Regulatory Framework for Circumvention Inquiry
IX. Analysis of Statutory Criteria for the Circumvention Inquiry
X. Summary of Analysis
XI. Verification
XII. Certification Process and Country-Wide Affirmative 
Determination of Circumvention
XIII. Recommendation

Appendix II

1. Certifications

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} ;

[[Page 21984]]

    B. I have direct personal knowledge of the facts regarding the 
importation into the Customs territory of the United States of the 
light-walled welded rectangular carbon steel tubing (LWR tubing) 
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 LWR 
tubing, including the exporter's and/or foreign 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 LWR tubing 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} ;
    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 LWR Tubing 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 hot-rolled steel (HRS) used to 
produce the imported LWR tubing);
    F. 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 HRS:
    Producer:
    Producer's Address:
    G. The LWR tubing covered by this certification does not contain 
HRS produced in Taiwan;
    H. 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.) until the 
later of: (1) the date that is five years after the date of the 
latest entry covered by the certification; or (2) the date that is 
three years after the conclusion of any litigation in the United 
States courts regarding such entries;
    I. I understand that {IMPORTING COMPANY{time}  is required to 
maintain a copy of the exporter's certification (attesting to 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 date of the latest entry 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 {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 request of either agency;
    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, 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 within the scope of the antidumping duty order on LWR tubing 
from Taiwan. I understand that such 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 cash deposits 
determined by Commerce; and
    (iii) the importer no longer being allowed to participate in the 
certification process.
    M. I understand that agents of the importer, such as brokers, 
are not permitted to make this certification;
    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.
    N. I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make material false statements to the U.S. government.

Signature
{NAME OF COMPANY OFFICIAL{time} 
{TITLE 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 FOREIGN COMPANY THAT MADE THE SALE TO THE 
UNITED STATES); located at {ADDRESS OF FOREIGN COMPANY THAT MADE THE 
SALE TO THE UNITED STATES);
    B. I have direct personal knowledge of the facts regarding the 
production and exportation of the light-walled welded rectangular 
carbon steel tubing (LWR tubing) 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 LWR tubing 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 LWR tubing covered by this certification does not contain 
HRS produced in Taiwan;
    E. 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 Foreign Seller: (If the foreign seller 
and the producer are the same party, put NA here.)
    Name of Producer of HRS:
    Location (Country) of Producer of HRS:
    F. The LWR tubing covered by this certification was shipped to 
{NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} , located 
at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
    G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE 
TO THE UNITED STATES{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.) until the later of: (1) the date that is 
five years after the latest date of the entries covered by the 
certification; or (2) the date that is three years after the 
conclusion of any litigation in the United States courts regarding 
such entries;
    H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE 
TO THE UNITED STATES{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 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

[[Page 21985]]

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 within the scope 
of the antidumping duty order on LWR tubing from Taiwan. I 
understand that such a finding will result in:
    (i) suspension of all unliquidated entries (and entries for 
which liquidation has not become final) for which these requirements 
were not met;
    (ii) the importer being required to post the 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 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 
shipment 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, 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; and
    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 material false statements to the U.S. government.

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

[FR Doc. 2023-07711 Filed 4-11-23; 8:45 am]
BILLING CODE 3510-DS-P