[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Notices]
[Pages 46740-46744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15431]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


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

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of certain hardwood plywood products (hardwood plywood), 
completed in the Socialist Republic of Vietnam (Vietnam) using plywood 
inputs and components (face veneer, back veneer, and/or either an 
assembled core or individual core veneers) manufactured in the People's 
Republic of China (China), are circumventing the antidumping duty (AD) 
and countervailing duty (CVD) orders on hardwood plywood from China.

DATES: Applicable July 20, 2023.

FOR FURTHER INFORMATION CONTACT: Rachel Jennings, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1110.

SUPPLEMENTARY INFORMATION: 

Background

    On July 29, 2022, Commerce published the preliminary determination 
\1\ for the circumvention and scope inquiries of the AD and CVD orders 
on hardwood plywood from China which were assembled in Vietnam using 
hardwood plywood inputs sourced from China.\2\ We invited parties to 
comment on the Preliminary Determination. A summary of events that 
occurred since Commerce published the Preliminary Determination, as 
well as a full discussion of the issues raised by parties for this 
final determination, may be found in the Issues and Decision 
Memorandum.\3\ Commerce conducted this scope inquiry in accordance with 
19 CFR 351.225(c) and (h), and this circumvention inquiry in accordance 
with section 781(b) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Preliminary Scope Determination and Affirmative 
Preliminary Determination of the Antidumping and Countervailing Duty 
Orders, 87 FR 45753 (July 29, 2022) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018); 
and Certain Hardwood Plywood Products from the People's Republic of 
China: Countervailing Duty Order, 83 FR 513 (January 4, 2018) 
(collectively, Orders).
    \3\ See Memorandum, ``Issues and Decision Memorandum for 
Circumvention and Scope Inquiries of the Antidumping Duty and 
Countervailing Duty Orders on Certain Hardwood Plywood Products from 
the People's Republic of China,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Orders

    The merchandise covered by the scope of these Orders is hardwood 
plywood and decorative plywood from China. A complete description of 
the scope of the Orders is contained in the Issues and Decision 
Memorandum.\4\
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    \4\ Id.
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Merchandise Subject To Scope and Circumvention Inquiries

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

    Commerce made these final circumvention findings in accordance with 
section 781(b) of the Act and 19 CFR 351.225(g).\6\ In the Preliminary 
Determination, we relied on information placed on the record by the 
Coalition for Fair Trade in Hardwood Plywood and the Government of 
Vietnam, and information we placed on the record. We also relied on the 
facts available under section 776(a) of the Act, including facts 
available with adverse inferences under section 776(b) of the Act, 
where appropriate. In particular, we requested information from 
numerous companies in Vietnam in conducting these inquiries. While we 
received responses from the majority of these companies, several 
companies failed to respond to our initial quantity and value (Q&V) 
questionnaire and/or a supplemental Q&V questionnaire and additional 
companies provided information that either contained significant 
discrepancies and inconsistencies or was misleading.\7\ Therefore, we 
preliminarily found that these companies withheld information, failed 
to provide information by the deadline or in the form and manner 
requested, and significantly impeded these inquiries. Thus, we found 
that they failed to cooperate to the best of their abilities; thereby, 
we have used adverse inferences when selecting from among the facts 
otherwise available on the record for certain aspects of the 
Preliminary Determination, pursuant to sections 776(a) and (b) of the 
Act. After considering comments from interested parties, for this final 
determination, we have determined, based on adverse inferences, that 37 
companies produce hardwood plywood under all five of the production 
scenarios subject to these inquiries. Additionally, we determine that 
these 37 companies \8\ are precluded from participating in the 
certification program we established for applicable exports of hardwood 
plywood from Vietnam. For a full description of the methodology 
underlying the final

[[Page 46741]]

determination, see the Issues and Decision Memorandum.
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    \6\ Commerce significantly revised its scope regulations on 
September 20, 2021, with an effective date of November 4, 2021. See 
Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021). The 
amendments to 19 CFR 351.225 apply to scope inquiries for which a 
scope ruling application is filed, as well as any scope inquiry 
self-initiated by Commerce, on or after November 4, 2021. The newly 
promulgated 19 CFR 351.226 applies to circumvention inquiries for 
which a circumvention request is filed, as well as any circumvention 
inquiry self-initiated by Commerce, on or after November 4, 2021. We 
note that these scope and circumvention inquiries were initiated 
prior to the effective date of the new regulations, and, thus, any 
reference to the regulations is to the prior version of the 
regulations.
    \7\ See Preliminary Determination, 87 FR at Appendix V for a 
list of companies that either failed to respond to our requests for 
information or provided unreliable information.
    \8\ Id.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
these inquiries are addressed in the Issues and Decision Memorandum. A 
list of the issues raised is attached to this notice as Appendix I. The 
Issues and 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 Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Scope Ruling

    As detailed in the Issues and Decision Memorandum, we are revising 
the preliminary scope ruling and find that products produced under 
scenarios one, two, and three, are not covered by the scope of the 
Orders.

Final Affirmative Circumvention Determination

    As detailed in the Issues and Decision Memorandum, we have modified 
the preliminary circumvention determination for this final 
determination. In the Preliminary Determination, we found products 
produced under scenarios four and five to be circumventing the Orders. 
For this final determination, we find that products produced under all 
five of the production scenarios subject to these inquiries are 
circumventing the Orders. Accordingly, we determine, pursuant to 
section 781(b) of the Act and 19 CFR 351.225(g), that imports of 
hardwood plywood completed in Vietnam are circumventing the Orders. 
Additionally, as discussed in the Issues and Decision Memorandum,\9\ we 
are expanding the period of the ongoing administrative reviews to also 
include the earliest entry from Vietnam suspended as a result of our 
Preliminary Determination through December 31, 2021. We are also 
allowing interested parties an opportunity to request a review of their 
entries of hardwood plywood exported from Vietnam and entered during 
this expanded period of review (i.e., the earliest entry from Vietnam 
suspended as a result of our Preliminary Determination through December 
31, 2022). Commerce hereby notifies interested parties that requests 
for reviews for entries made during this period are due 14 days after 
the publication of this final determination in the Federal Register 
notice. We made certain changes to the certification program regarding 
certain companies' eligibility to participate. These changes are also 
discussed in the Issues and Decision Memorandum.
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    \9\ See Issues and Decision Memorandum at Comment 13.
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Continuation of Suspension of Liquidation

    As a result of this determination, and consistent with 19 CFR 
351.225(l)(3), we will instruct CBP to continue to suspend the 
liquidation and require a cash deposit of estimated duties, at the 
applicable rates, on entries that are entered, or withdrawn from 
warehouse, for consumption on or after June 17, 2020, the date of 
publication of initiation of these inquiries in the Federal 
Register.\10\
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    \10\ See Initiation Notice.
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    Hardwood plywood assembled in Vietnam under scenarios other than 
the five production scenarios identified above are not subject to these 
inquiries. Therefore, cash deposits are not required for such 
merchandise, subject to the following certification requirements.\11\ 
The non-cooperative exporters listed in Appendix V are not eligible to 
participate in this certification program.\12\ Accordingly, CBP shall 
suspend the entry and collect cash deposits for entries of merchandise 
produced and/or exported by these non-cooperative companies at the AD 
rate established for the China-wide entity (183.36 percent) and the CVD 
rate established for all other Chinese producers and/or exporters 
(22.98 percent), pursuant to the Orders.
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    \11\ See Appendix II for the certification requirements and 
Appendix III for the importer certification.
    \12\ See, e.g., Issues and Decision Memorandum at Comments 7-11.
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    In the situation where no certification is provided for an entry, 
Commerce intends to instruct CBP to suspend liquidation of the entry 
and collect cash deposits at the rates applicable under the Orders 
(i.e., the AD rate established for the China-wide entity (183.36 
percent) and the CVD rate established for all-other Chinese producers/
exporters (22.98 percent)).\13\
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    \13\ See Orders.
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Certification Requirements

    If an exporter of hardwood plywood assembled in Vietnam claims that 
its hardwood plywood was not produced using any of the Chinese hardwood 
plywood input scenarios subject to these inquiries, it must prepare and 
maintain an exporter certification and documentation supporting the 
exporter certification (see Appendix IV). In addition, importers of 
such hardwood plywood must prepare and maintain an importer 
certification (see Appendix III) as well as documentation to support 
the importer certification. Besides the importer certification, the 
importer must also maintain a copy of the exporter certification (see 
Appendix IV), and relevant supporting documentation from the exporter 
of the hardwood plywood assembled in Vietnam that was not produced 
using any of the Chinese hardwood plywood input scenarios subject to 
these inquiries.

Administrative Protective Order

    This notice will serve as the only reminder to all parties subject 
to an 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 of 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

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

    Dated: July 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Scope and Circumvention Inquiries
V. Changes Since the Preliminary Determination
VI. Discussion of the Issues
    Comment 1: Whether Commerce's Circumvention Inquiry Was 
Procedurally Flawed
    Comment 2: Whether Assembly in Vietnam Is Minor or Insignificant
    Comment 3: Whether Pattern of Trade Information Supports an 
Affirmative Determination
    Comment 4: Whether There Is Record Evidence that Supports an 
Affirmative Determination
    Comment 5: Whether Commerce Properly Rejected Untimely Filed New 
Factual Information (NFI)
    Comment 6: Whether Commerce Properly Found Discrepancies, 
Errors, and Inconsistencies in Responses

[[Page 46742]]

    Comment 7: Whether Commerce Properly Applied Adverse Facts 
Available (AFA) to Non-Responsive Companies
    Comment 8: Whether Commerce's Reliance on AFA for Certain 
Companies Is Supported by Substantial Evidence
    Comment 9: Whether Commerce Should Apply AFA to Cam Lam Vietnam 
Joint Stock Company (Cam Lam)
    Comment 10: Whether Commerce Should Apply AFA to Certain Other 
Verified Companies
    Comment 11: Whether Commerce Should Apply AFA to TL Trung Viet 
Company Limited (TL Trung) and VVAT Company Limited (VVAT)
    Comment 12: Whether Commerce Should Revise its Customs 
Instructions and Certification Program to Exclude Merchandise
    Comment 13: How Commerce Should Address Procedural and Equity 
Concerns
    Comment 14: Whether Commerce Should Apply a Negative 
Determination to Certain Companies
    Comment 15: Whether Commerce's Certification Decision Expands 
the Scope of these Inquiries
VII. Recommendation

Appendix II

Certification Requirements

    If an importer imports certain hardwood plywood products 
(hardwood plywood) from Vietnam and claims that the hardwood plywood 
was not produced using plywood inputs and components (face veneer, 
back veneer, and/or either an assembled core or individual core 
veneers) manufactured in the People's Republic of China (China), the 
importer is required to complete and maintain the importer 
certification attached hereto as Appendix III and all supporting 
documentation. Where the importer uses a broker to facilitate the 
entry process, it should obtain the entry summary number from the 
broker. Agents of the importer, such as brokers, however, are not 
permitted to make this certification on behalf of the importer.
    The exporter of such merchandise 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. The party that made 
the sale to the United States should fill out the exporter 
certification.
    The deadline to submit certifications for unliquidated entries 
on or after June 17, 2020, and until August 28, 2022 is thirty days 
after the deadline for this final determination, i.e., August 14, 
2023.\14\ For all such entries, exporters and importers should use 
the appropriate certifications provided in the appendices to the 
Preliminary Determination. As explained in the Preliminary 
Determination at Appendix II, for entries after August 28, 2022, 
through the date of publication of this notice in the Federal 
Register, for which certifications are required, importers should 
have completed the required certification at or prior to the date of 
entry summary, and exporters should have completed the required 
certification and provided it to the importer at or prior to the 
date of shipment. Such certifications were included as appendices to 
the Preliminary Determination.
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    \14\ See, e.g., Certain Hardwood Plywood Products from the 
People's Republic of China: Preliminary Scope Determination and 
Affirmative Preliminary Determination of Circumvention of the 
Antidumping and Countervailing Duty Orders; Extension of Deadline to 
Certify Certain Entries, 87 FR 75231 (December 8, 2022).
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    For entries on or after the date of publication of this notice 
in the Federal Register, for which certifications are required, 
importers 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. Such certifications are included as appendices 
to this notice.
    The importer and exporter are also required to maintain 
sufficient documentation supporting their certifications. 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 at this time. However, the importer and 
the exporter will be required to present the certifications and 
supporting documentation to 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.
    In the situation where no certification is maintained for an 
entry, and AD/CVD orders on hardwood plywood from China potentially 
apply to that entry, Commerce intends to instruct CBP to continue to 
suspend the entry and collect cash deposits at the rate applicable 
under the Orders (i.e., the AD rate established for the China-wide 
entity (183.36 percent) and the CVD rate established for all-other 
Chinese producers/exporters (22.98 percent)).

Appendix III

Importer Certification

    I hereby certify that:
    (A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I 
am an official of {NAME OF IMPORTING COMPANY{time} , located at 
{ADRESS OF IMPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding the 
importation into the Customs territory of the United States of the 
hardwood plywood completed in Vietnam that entered under entry 
summary number(s), identified below, and are covered by this 
certification. ``Direct personal knowledge'' refers to facts the 
certifying party is expected to have in its own records. For 
example, the importer should have ``direct personal knowledge'' of 
the importation of the product (e.g., the name of the exporter) in 
its records;
    (C) I have personal knowledge of the facts regarding the 
production of the imported products covered by this certification. 
``Personal knowledge'' includes facts obtained from another party, 
(e.g., correspondence received by the importer (or exporter) from 
the producer regarding the source of the hardwood plywood inputs 
used to produce the imported products);
    (D) This certification applies to the following entries (repeat 
this block as many times as necessary):
    Entry Summary #:
    Entry Summary Line Item #:
    Foreign Seller:
    Foreign Seller's Address:
    Foreign Seller's Invoice #:
    Foreign Seller's Invoice Line Item #:
    Country of Origin of core veneers/veneered panels/veneer core 
platforms:
    (E) The hardwood plywood completed in Vietnam was not produced 
under any of the production scenarios subject to these 
certifications:
    1. Face veneer, back veneer, and assembled core components 
(e.g., veneer core platforms (see note below)) manufactured in China 
and assembled in Vietnam;
    2. Fully assembled veneer core platforms manufactured in China 
that are combined in Vietnam with face and/or back veneers produced 
in Vietnam or third countries;
    3. Multi-ply panels of glued core veneers manufactured in China 
that are combined in Vietnam to produce veneer core platforms and 
combined with either a face and/or back veneer produced in China, 
Vietnam, or a third country;
    4. Face veneer, back veneer, and individual core veneers 
produced in China and assembled into hardwood plywood in Vietnam; 
and
    5. Individual core veneers manufactured in China and processed 
into a veneer core platform in Vietnam and combined with a face and/
or back veneer produced in Vietnam or other third country.
    Note: A veneer core platform is defined as two or more wood 
veneers that form the core of an otherwise completed hardwood 
plywood product (i.e., a hardwood plywood product to which the outer 
(face and back) veneers have not yet been affixed).
    (F) I understand that {IMPORTING COMPANY{time}  is required to 
maintain a copy of this certification and sufficient documentation 
supporting this certification (i.e., documents maintained in the 
normal course of business, or documents obtained by the certifying 
party, for example, certificates of origin, production records, 
invoices, USDA Plant and Plant Product Declaration Form etc.) for 
the later of: (1) a period of five years from the date of entry; or 
(2) a period of three years after the conclusion of any litigation 
in the United States courts regarding such entries;
    (G) I understand that {IMPORTING COMPANY{time}  is required to 
provide this certification and supporting records, upon request, to 
U.S. Customs and Border Protection (CBP) and/or the Department of 
Commerce (Commerce);
    (H) I understand that {IMPORTING COMPANY{time}  is required to 
maintain a copy of the exporter's certification (attesting to the

[[Page 46743]]

production and/or export of the imported merchandise identified 
above) and supporting documentation, for the later of: (1) a period 
of five years from the date of entry; or (2) a period of three years 
after the conclusion of any litigation in United States courts 
regarding such entries;
    (I) I understand that {IMPORTING COMPANY{time}  is required to 
maintain and provide a copy of the exporter's certification and 
supporting documentation, upon request, to CBP and/or Commerce;
    (J) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
    (K) I understand that failure to maintain the required 
certification and supporting documentation and/or failure to 
substantiate the claims made herein and/or failure to allow CBP and/
or Commerce to verify the claims made herein, may result in a de 
facto determination that all entries to which this certification 
applies are within the scope of the antidumping duty (AD)/
countervailing duty (CVD) orders on hardwood plywood from China. I 
understand that such finding will result in:
    [cir] suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    [cir] the requirement that the importer post applicable AD and/
or CVD cash deposits (as appropriate) equal to the rates determined 
by Commerce; and
    [cir] the revocation of {NAME OF IMPORTING COMPANY{time} 's 
privilege to certify that future imports of hardwood plywood are not 
produced under any of the production scenarios subject to these 
certifications.
    (L) I understand that agents of the importer, such as brokers, 
are not permitted to make this certification;
    (M) This certification was completed by the time of filing the 
entry summary; and
    (N) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make material false statements to the U.S. government.

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

Appendix IV

Exporter Certification

    I hereby certify that:
    (A) My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {NAME OF EXPORTING COMPANY{time} , located at {ADDRESS 
OF EXPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding the 
production and exportation to the Customs territory of the United 
States of the hardwood plywood identified below. ``Direct personal 
knowledge'' refers to facts the certifying party is expected to have 
in its own books and records. For example, an exporter should have 
``direct personal knowledge'' of the producer's identity and 
location;
    (C) The hardwood plywood completed in Vietnam was not produced 
under any of the following production scenarios:
    1. Face veneer, back veneer, and assembled core components 
(e.g., veneer core platforms (see note below) manufactured in China 
and assembled in Vietnam;
    2. Fully assembled veneer core platforms manufactured in China 
that are combined in Vietnam with face and/or back veneers produced 
in Vietnam or third countries;
    3. Multi-ply panels of glued core veneers manufactured in China 
that are combined in Vietnam to produce veneer core platforms and 
combined with either a face and/or back veneer produced in China, 
Vietnam, or a third country;
    4. Face veneer, back veneer, and individual core veneers 
produced in China and assembled into hardwood plywood in Vietnam; 
and
    5. Individual core veneers manufactured in China and processed 
into a veneer core platform in Vietnam and combined with a face and/
or back veneer produced in Vietnam or other third country.
    Note: A veneer core platform is defined as two or more wood 
veneers that form the core of an otherwise completed hardwood 
plywood product (i.e., a hardwood plywood product to which the outer 
(face and back) veneers have not yet been affixed).
    (D) This certification applies to the following sales to {NAME 
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}  
(repeat this block as many times as necessary):
    Foreign Seller's Invoice # to U.S. Customer:
    Foreign Seller's Invoice to U.S. Customer Line item #:
    Producer's Invoice # to Foreign Seller: (If the foreign seller 
and the producer are the same party, put NA here.)
    Producer's Invoice # Foreign Seller: (If the foreign seller and 
the producer are the same party, put NA here.)
    Name of core veneers/veneered panel/veneer core platform 
producer:
    (E) The hardwood plywood products covered by this certification 
were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS 
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS 
SHIPPED{time} .
    (F) I understand that {NAME OF EXPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, production records, invoices, 
etc.) for the later of: (1) a period of five years from the date of 
entry; or (2) a period of three years after the conclusion of any 
litigation in the United States courts regarding such entries;
    (G) I understand that {NAME OF EXPORTING COMPANY{time}  must 
provide this Exporter Certification and supporting documentation 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 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)/countervailing 
duty (CVD) orders on hardwood plywood 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 {NAME OF EXPORTING COMPANY{time} 's 
privilege to certify that future imports of hardwood plywood are not 
produced under any of the production scenarios subject to these 
certifications.
    (J) This certification was completed at time of shipment;
    (K) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make material false statements to the U.S. government.

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

Appendix V

Companies That Failed To Cooperate

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

Companies That Failed To Respond

1. Bao Yen MDF Joint Stock Company
2. BHL Vietnam Investment and Development
3. Dong Tam Production Trading Company Limited
4. Linwood Vietnam Co. Ltd
5. Quoc Thai Forestry Import Export Limited Company
6. Rongjia Woods Vietnam Company Limited
7. Sumec Huongson Wood Group Co. Ltd.
8. Tan Tien Co. Ltd
9. Thang Long Wood Panel Company Ltd.

[[Page 46744]]

10. Thanh Hoa Stone Export Company
11. Truong Son North Construction JSC
12. Vietind Co. Ltd.
13. Vietnam Golden Timber Company Limited

[FR Doc. 2023-15431 Filed 7-19-23; 8:45 am]
BILLING CODE 3510-DS-P