[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77274-77278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24803]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-803]


Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: 
Final 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) 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 November 9, 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 April 12, 2023, Commerce 
published in the Federal Register its Preliminary Determination that 
imports of LWR Tubing completed in Vietnam using HRS produced in Taiwan 
are

[[Page 77275]]

circumventing the Order.\3\ On May 15, 2023, Commerce extended the 
deadline for the final determination in this circumvention inquiry to 
August 4, 2023.\4\ On July 20, 2023, Commerce again extended the 
deadline for the final determination in this circumvention inquiry to 
November 2, 2023.\5\ For 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 consideration in the 
final determination, see the Issues and Decision Memorandum.\6\ 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.
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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).
    \3\ See Light-Walled Welded Rectangular Carbon Steel Tubing from 
Taiwan: Preliminary Affirmative Determination of Circumvention of 
the Antidumping Duty Order, 88 FR 21980 (April 12, 2023) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum (PDM).
    \4\ See Memorandum, ``Extension of Deadline for Issuing Final 
Determinations in Circumvention Inquiries,'' dated May 15, 2023.
    \5\ See Memorandum, ``Extension of Deadline for Issuing Final 
Determinations in Circumvention Inquiries,'' dated July 20, 2023.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Circumvention Inquiry of the Antidumping Duty Order on Light-Walled 
Welded Rectangular Carbon Steel Tubing from Taiwan,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
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 Issues and Decision Memorandum.

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. See Preliminary Determination PDM for a full 
description of the methodology.\7\ We have continued to apply this 
methodology, without exception, and incorporate by reference this 
description of the methodology, for our final determination.\8\
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    \7\ See Preliminary Determination PDM at 3-12.
    \8\ See Issues and Decision Memorandum at 2.
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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 at Appendix I.
    Based on our analysis of the comments received from interested 
parties, we did not revise the Preliminary Determination, except for 
revisions to the certification language (see Appendix II), which we 
have modified in response to comments to allow parties to also use the 
certifications when their shipments of LWR tubing were not produced 
using HRS.

Final Circumvention Determination

    As detailed in the Issues and Decision Memorandum, Commerce 
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 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.

Suspension of Liquidation and Cash Deposit Requirements

    Based on the affirmative country-wide determination of 
circumvention for Taiwan, in accordance with 19 CFR 351.226(l)(3), 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.
    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 
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.\9\ Imports of such merchandise are subject to certification 
requirements, and cash deposits may be required.
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    \9\ See the unpublished Federal Register notices, ``Light-Walled 
Rectangular Pipe and Tube from the People's Republic of China: Final 
Affirmative Determination of Circumvention of the Antidumping and 
Countervailing Duty Orders,'' and ``Light-Walled Welded Rectangular 
Carbon Steel Tubing from Korea: Final 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, or alternatively, 
claims that the LWR tubing was produced using an input other than 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.
    See Appendix II for the revised importer and exporter 
certifications, which we have modified in response to comments to allow 
parties to also use the certifications when their shipments of LWR 
tubing were not produced using HRS.
    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 rate applicable to the AD and CVD orders 
on LWRPT from China (i.e., the AD cash deposit rate established for the 
China-wide entity (255.07 percent) and the CVD cash deposit rate 
established for all-others (15.28 percent) under the following third 
country CBP case numbers: A-552-914-000 and C-552-915-000.\10\

[[Page 77276]]

This is to prevent evasion, given that the AD/CVD cash deposit rates 
established for LWRPT from China are higher than the AD cash deposit 
rates established for LWRPT from Korea and LWR tubing from Taiwan.
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    \10\ 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 or was produced using an input other than 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 cash deposit rate established for all-
others (18.05 percent)) under the following third country CBP case 
number: A-552-863-000.\11\ This is to prevent evasion, given that the 
AD cash deposit rate established for LWR tubing from Taiwan is higher 
than the AD cash deposit rate established for LWRPT from Korea.
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    \11\ See Taiwan Order.
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    Commerce established the following third country CBP 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 CBP 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).\12\
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    \12\ Id.
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    For Hoa Phat Steel Pipe Co., Ltd. (Hoa Phat), which will not be 
permitted to certify that its merchandise was not produced from Taiwan-
origin HRS, Commerce will direct CBP, for all entries of LWR tubing 
from Vietnam produced or exported by Hoa Phat, to suspend liquidation 
and require a cash deposit at the AD/CVD cash deposit rates established 
for LWRPT from China.\13\ Commerce established the following company-
specific third country CBP case numbers for Hoa Phat: A-552-914-001 and 
C-552-915-001.
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    \13\ Hoa Phat is not eligible to participate in the 
certification program as either producer or exporter. In addition, 
other parties exporting pipe products produced by Hoa Phat will 
likewise not be eligible to participate in the certification program 
with regard to such products.
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    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 AD and CVD duties.

Certifications

    To administer the country-wide affirmative 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 country-wide 
affirmative determination of circumvention because the merchandise was 
not made with Taiwan-origin HRS or was made with an input other than 
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 Determination PDM 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 was not made with Taiwan-origin HRS or 
was made with an input other than 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 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 a broker, 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 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 this circumvention inquiry), 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 
already be completed and signed.
    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

[[Page 77277]]

type entries using the third country CBP case numbers identified in the 
``Suspension of Liquidation and Cash Deposit Requirements'' section, 
above. The importer should post cash deposits on those entries 
consistent with the regulations governing post summary corrections that 
require payment of additional duties, including AD/CVD duties.
    If it is determined that an importer or exporter has not met the 
certification and related documentation requirements for certain 
entries, Commerce intends to instruct CBP to suspend, pursuant to this 
country-wide affirmative determination of circumvention and the 
Order,\15\ all unliquidated entries for which these requirements were 
not met and 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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Opportunity To Request an Administrative Review

    Each year during the anniversary month of the publication of an AD 
or CVD order, finding, or suspended investigation, an interested party, 
as defined in section 771(9) of the Act, may request, in accordance 
with 19 CFR 351.213, that Commerce conduct an administrative review of 
that AD or CVD order, finding, or suspended investigation. An 
interested party who would like Commerce to conduct an administrative 
review should wait until Commerce announces via the Federal Register 
the next opportunity to request a review during the anniversary month 
of the publication of the AD order to submit such requests. The 
anniversary month for this Order is March.

Administrative Protective Order

    This notice will serve as the only reminder to all 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 the return or 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 351.226(g)(2).

    Dated: November 2, 2023.
Abdelali Elouaradia,
Deputy 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 Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Changes from the Preliminary Determination
VII. Discussion of the Issues
    Comment 1: Conflict Regarding the Timing of Certification 
Requirements
    Comment 2: Clarification in the Certification and Cash Deposit 
Instructions Concerning the Inclusion of HRS Further Processed in 
Vietnam Through a Cold-Rolling or Galvanizing Process
    Comment 3: Whether Commerce's Denial of Hoa Phat's Extension 
Requests was Abuse of Discretion
    Comment 4: Whether Commerce Lacks Statutory Authority to Deny 
Hoa Phat a Certification Process, and the Selection of the AFA Rate
    Comment 5: Commerce Must Detail the Process for Correct Cash 
Deposit and Liquidation for Entries Produced or Exported by Hoa Phat
    Comment 6: Commerce Must Clarify the Suspension of Liquidation 
and Cash Deposit Requirements
    Comment 7: Whether the Production of LWR tubing from Imported 
HRS Constitutes ``Assembly or Completion'' Within the Meaning of the 
Statute
    Comment 8: Whether Producers of LWR Tubing with Input Material 
Other Than HRS are Subject to the Inquiry or Any of the Requirements 
Imposed by Commerce's Determination
    Comment 9: Whether Commerce's Determination that Vina One Is 
Circumventing the Taiwan Order is in Accordance with Law When There 
Is Insufficient Record Evidence to Show All Statutory Factors Are 
Met
    Comment 10: Whether Vina One's Process of Finishing LWR tubing 
in Vietnam from HRS Manufactured in Taiwan is Minor and 
Insignificant Pursuant to Sections 781(b)(2)(A), (C) and (D) of the 
Act
    Comment 11: Whether the Record Supports a Finding That the 
Production Process of LWR Tubing from Taiwan-Origin HRS is Minor or 
Insignificant Pursuant to Section 781(b)(2)(E) of the Act
    Comment 12: Whether Commerce Properly Considered the Pattern of 
Trade and Sourcing
    Comment 13: Whether Affiliations Indicate That Action is not 
Appropriate to Prevent Circumvention of the Orders Under 
781(b)(1)(E)
    Comment 14: Whether HRS Imports from Taiwan Indicate that Action 
is not Appropriate to Prevent Evasion of the Orders Under Section 
781(b)(1)(E) of the Act
    Comment 15: Whether Commerce Should Apply Affirmative 
Circumvention Findings on a Country-Wide Basis
VIII. 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} ;
    B. I have direct personal knowledge of the facts regarding the 
importation into the Customs territory of the United States of 
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) or an 
input other than 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: State ``N/A'' for ``Country of Origin 
of HRS'' if the LWR tubing covered by this certification was 
produced using inputs other than 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

[[Page 77278]]

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 
submit a copy of the importer and exporter certifications as part of 
the entry summary by uploading them into the document imaging system 
(DIS) in ACE, and 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 (AD) 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 the 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;
    N. 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.
    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 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 from Taiwan (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: State ``N/A'' if the producer did not 
use HRS in the production of LWR tubing.
    Location (Country) of Producer of HRS: State ``N/A'' if the 
producer did not use HRS in the production of LWR tubing.
    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 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. 2023-24803 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-DS-P