[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Notices]
[Pages 82824-82828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26030]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053, C-570-054]


Antidumping and Countervailing Duty Orders on Certain Aluminum 
Foil From the People's Republic of China: Final Affirmative 
Determinations of Circumvention With Respect to the Republic of Korea 
and the Kingdom of Thailand

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of certain aluminum foil (aluminum foil) that were exported 
from the Republic of Korea (Korea) and from the Kingdom of Thailand 
(Thailand), using inputs (i.e., aluminum foil- and sheet-gauge 
products) manufactured in the People's Republic of China (China), as 
specified below, are circumventing the antidumping duty (AD) and 
countervailing duty (CVD) orders on aluminum foil from China.

DATES: Applicable November 27, 2023.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney and Mark Flessner, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4475 and (202) 482-6312, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 19, 2018, Commerce published in the Federal Register AD 
and CVD orders on U.S. imports of aluminum foil from China.\1\ On July 
18, 2022, pursuant to section 781(b) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.226(b), Commerce self-initiated 
country-wide circumvention inquiries to determine whether imports of 
aluminum foil, completed in Korea and Thailand (collectively, the third 
countries), using inputs (i.e., aluminum foil- and sheet-gauge 
products) manufactured in China, are circumventing the Orders and, 
accordingly, should be covered by the scope of the Orders.\2\ On March 
22,

[[Page 82825]]

2023, Commerce published in the Federal Register its Preliminary 
Determinations that imports of certain aluminum foil that were exported 
from Korea and Thailand using inputs (i.e., aluminum foil and sheet 
gauge products) are circumventing the Orders.\3\ On March 28, 2023, 
Commerce published a correction to the Preliminary Determinations which 
listed corrected AD and CVD cash deposit rates associated with the 
Preliminary Determinations.\4\
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    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order, 83 FR 17362 (April 19, 2018) (AD Order); 
see also Certain Aluminum Foil from the People's Republic of China: 
Amended Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 83 FR 17360 (April 19, 2018) (CVD Order) 
(collectively, Orders).
    \2\ See Certain Aluminum Foil from the People's Republic of 
China: Initiation of Circumvention Inquiries on the Antidumping Duty 
and Countervailing Duty Orders, 87 FR 42702 (July 18, 2022) 
(Initiation Notice).
    \3\ Antidumping and Countervailing Duty Determinations on 
Certain Aluminum Foil from the People's Republic of China: 
Preliminary Affirmative Determinations of Circumvention with Respect 
to the Republic of Korea and the Kingdom of Thailand, 88 FR 17177 
(March 22, 2023) (Preliminary Determinations), and accompanying 
Korea Preliminary Decision Memorandum (Korea PDM) and Thailand 
Preliminary Decision Memorandum (Thailand PDM) (collectively, 
Preliminary Decision Memoranda).
    \4\ See Antidumping and Countervailing Duty Orders on Certain 
Aluminum Foil from the People's Republic of China: Preliminary 
Affirmative Determinations of Circumvention With Respect to the 
Republic of Korea and the Kingdom of Thailand; Correction, 88 FR 
18297 (March 28, 2023) (Preliminary Determinations Correction).
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    On July 12 and September 26, 2023, Commerce extended the deadline 
for the final determinations of these circumvention inquiries to 
November 17, 2023.\5\ For a summary of events that occurred since the 
Preliminary Determinations, as well as a full discussion of the issues 
raised by parties for consideration in these final determinations, see 
the Issues and Decision Memoranda.\6\
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    \5\ See Memoranda, ``Extension of Final Determinations in 
Circumvention Inquiries,'' dated July 12, 2023; and ``Extension of 
Final Determinations in Circumvention Inquiries,'' dated September 
26, 2023.
    \6\ See Memoranda, ``Issues and Decision Memorandum for the 
Final Affirmative Circumvention Determination of the Antidumping 
Duty Order on Certain Aluminum Foil from the People's Republic of 
China with Respect to the Republic of Korea,'' dated concurrently 
with, and hereby adopted by, this notice; and ``Issues and Decision 
Memorandum for the Circumvention Determination of the Antidumping 
Duty Order on Certain Aluminum Foil from the People's Republic of 
China with Respect to the Kingdom of Thailand,'' dated concurrently 
with, and hereby adopted by, this notice (collectively, Issues and 
Decision Memoranda).
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    The Issues and Decision Memoranda are public documents and are on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). A 
list of issues discussed in the Issues and Decision Memoranda are 
included as Appendix I to this notice. ACCESS is available to 
registered users at https://access.trade.gov. In addition, complete 
versions of the Issues and Decision Memoranda can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Order

    The merchandise covered by the Orders is certain aluminum foil. For 
a full description of the scope of the Orders, see the Issues and 
Decision Memoranda.

Merchandise Subject to the Circumvention Inquiry

    These circumvention inquiries cover aluminum foil, assembled or 
completed in Korea and Thailand using Chinese-origin aluminum foil and/
or sheet, that is subsequently exported from Korea and Thailand to the 
United States (inquiry merchandise).

Methodology

    Commerce conducted these circumvention inquiries in accordance with 
section 781(b) of the Act and 19 CFR 351.226. See Preliminary 
Determinations Korea PDM and Thailand 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 determinations.
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    \7\ See Preliminary Determinations Korea PDM at 6-23 and 
Thailand PDM at 8-23.
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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 Memoranda. 
Based on our analysis of the comments received from interested parties, 
we made no changes to the Preliminary Determinations, 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 third-country shipments of certain aluminum 
foil reflect prevailing aluminum cash deposit rates.

Final Circumvention Determinations

    We determine that aluminum foil, assembled or completed in Korea 
and Thailand by the entities identified in Appendix II to this notice, 
using Chinese-origin aluminum foil and/or sheet, that is subsequently 
exported from Korea or Thailand to the United States, is circumventing 
the Orders. For a detailed explanation of our determinations with 
respect to the entities identified in Appendix II, see the Preliminary 
Decision Memoranda and the ``Use of Adverse Facts Available'' section 
of this notice, below.\8\
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    \8\ See Preliminary Determinations Korea PDM at 2-3 and Thailand 
PDM at 2-3 and 15.
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    We also determine that U.S imports of inquiry merchandise exported 
from Korea and Thailand are circumventing the Orders on a country-wide 
basis. As a result, in accordance with section 781(b) of the Act, we 
determine that this merchandise is covered by the Orders.
    See the ``Suspension of Liquidation and Cash Deposit Requirements'' 
section below for details regarding suspension of liquidation and cash 
deposit requirements. See the ``Certification'' and ``Certification 
Requirements'' sections below for details regarding the use of 
certifications.

Use of Adverse Facts Available

    Within the context of the Thailand inquiry, Commerce continues to 
find that necessary information is not available on the record with 
respect to Sankyu Thai Co., Ltd. (Sankyu) within the meaning of section 
776(a)(1) of the Act, and that Sankyu withheld requested information, 
failed to provide requested information by the deadline or in the form 
or manner requested, and significantly impeded these inquiries pursuant 
to sections 776(a)(1), (A), (B), and (C) of the Act. Moreover, Commerce 
continues to find that Sankyu failed to cooperate by not acting to the 
best of its ability to provide requested information pursuant to 
section 776(b)(1) of the Act. Consequently, we have continued to use 
adverse inferences with respect to Sankyu in selecting from among the 
facts otherwise available on the record, pursuant to sections 776(a) 
and (b) of the Act, for the reasons discussed in the Preliminary 
Determinations.\9\
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    \9\ See Preliminary Determinations, 88 FR 17178.
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    Based on the adverse facts available used, we determine that Sankyu 
exported inquiry merchandise and that U.S. entries of that merchandise 
are circumventing the Orders. Additionally, we are precluding Sankyu 
from participating in the certification programs that we are 
establishing for exports of aluminum foil from Thailand. U.S. entries 
of inquiry merchandise made on or after July 18, 2022, that are 
ineligible for certification based on the failure of Sankyu 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. 
Interested parties that wish to have their

[[Page 82826]]

suspended entries, if any, reviewed, and their ineligibility for the 
certification program reevaluated, should request an administrative 
review of the relevant suspended entries during the anniversary month 
of these Orders.\10\
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    \10\ See 19 CFR 351.213(b).
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Suspension of Liquidation and Cash Deposit Requirements

    Based on the affirmative country-wide determination of 
circumvention for Korea and Thailand, in accordance with 19 CFR 
351.226(l)(3), Commerce will direct U.S. Customs and Border Protection 
(CBP) to suspend liquidation and require a cash deposit of estimated 
duties on unliquidated entries of entries of aluminum foil, assembled 
or completed in Korea and Thailand using Chinese-origin aluminum foil 
and/or sheet, for consumption on or after July 18, 2022, the date of 
publication of the initiation of these circumvention inquiries in the 
Federal Register.
    For exporters of aluminum foil that have a company-specific cash 
deposit rate under the AD Order and/or CVD Order, the cash deposit rate 
will be the company-specific AD and/or CVD cash deposit rate 
established for that company in the most recently completed segment of 
the aluminum foil proceedings. For exporters of aluminum foil that do 
not have a company-specific cash deposit rate under the AD Order and/or 
CVD Order, the cash deposit rate will be the company-specific cash 
deposit rate established under the AD Order and/or CVD Order for the 
company that exported the aluminum foil and/or sheet to the producer/
exporter in Korea or Thailand that was incorporated in the imported 
aluminum foil. If neither the exporter of the aluminum foil from Korea 
or Thailand, nor the Chinese exporter of the aluminum foil and/or 
sheet, has a company-specific cash deposit rate, the AD cash deposit 
rate will be the China-wide rate (i.e., 95.15 percent), and the CVD 
cash deposit rate will be the all-others rate (i.e., 13.28 
percent).\11\ Commerce has established the following third-country case 
numbers in the Automated Commercial Environment (ACE) for such entries: 
Korea--A-580-053/C-580-054; Thailand--A-549-053/C-549-054. The 
suspension of liquidation will remain in effect until further notice.
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    \11\ See Preliminary Determinations Correction, 88 FR 18287.
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Certified Entries

    Entries for which the importer and exporter have met the 
certification requirements described below and in Appendix III to this 
notice will not be subject to suspension of liquidation, or the cash 
deposit requirements described above. Failure to comply with the 
applicable certification requirements may result in the merchandise 
being subject to antidumping and countervailing duties.

Certifications

    To administer the country-wide affirmative determinations of 
circumvention for Korea and Thailand, Commerce established importer and 
exporter certifications which will permit importers and exporters to 
establish that specific entries of aluminum foil from Korea or Thailand 
are not subject to suspension of liquidation or the collection of cash 
deposits pursuant to these affirmative determinations of circumvention 
because the merchandise meets the requirements described in the 
certification (see Appendix III to this notice). Because Sankyu was 
non-cooperative, it is not eligible to use the certification described 
above.\12\
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    \12\ See the ``Use of Adverse Facts Available'' section, supra; 
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 aluminum foil 
is not subject to suspension of liquidation or the collection of cash 
deposits based on the inputs used to manufacture such merchandise 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 Korea and Thailand

    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 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 aluminum 
foil that was manufactured in Korea or Thailand 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 unliquidated entries (and entries for which liquidation has not 
become final) of aluminum foil 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 July 18, 2022 (the 
date of initiation of these circumvention inquiries), through the date 
of publication of the Preliminary Determinations 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 post cash 
deposits on those entries consistent with the regulations governing 
post summary corrections that require payment of additional duties, 
including antidumping and countervailing 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

[[Page 82827]]

country-wide affirmative determination of circumvention and the 
Orders,\13\ 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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    \13\ See Orders.
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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 window during the anniversary month of the publication of the 
Orders to submit such requests. The anniversary month for these Orders 
is April.

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 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 17, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memoranda

Korea

I. Summary
II. Background
III. Scope of the Orders
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: Whether these Inquiries Are Appropriate
    Comment 2: Application of the Factors in Section 781(a)(2)(A)-
(E) of the Act
    Comment 3: Whether the Value of the Merchandise Produced in 
China Is a Significant Portion of the Total Value of the Merchandise 
Exported to the United States
    Comment 4: Definitions of Sheet and Strip
    Comment 5: Whether Different Market Situations in Korea and 
Thailand compel Different Circumvention Analyses
    Comment 6: Patterns of trade
    Comment 7: Certification/Proposed Exclusions
    Comment 8: Extension of Time for Certifications
VIII. Recommendation

 Thailand

I. Summary
II. Background
III. Scope of the Orders
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: Whether these Inquiries Are Appropriate
    Comment 2: Application of the Factors in Section 781(a)(2)(A)-
(E) of the Act
    Comment 3: Whether the Value of the Merchandise Produced in 
China Is a Significant Portion of the Total Value of the Merchandise 
Exported to the United States
    Comment 4: Definitions of Sheet and Strip
    Comment 5: Certification/Proposed Exclusions
    Comment 6: Separate Rates
    Comment 7: Extension of Time for Certifications
VIII. Recommendation

Appendix II

Companies Found To Be Circumventing the Orders

Korea

1. Dong-IL Aluminium Co., Ltd.
2. Lotte Aluminium Co., Ltd.
3. Dongwon Systems Corp.
4. ILJIN ALTECH Co., Ltd.
5. Korea Aluminium Co., Ltd.
6. Sam-A Aluminium Co., Ltd.

Thailand

1. Dingheng New Materials Co., Ltd.
2. Ding Li New Materials Co., Ltd.
3. Sankyu Thai Co., Ltd. (based on adverse facts available)

Appendix III

Certification Regarding Chinese Components

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 
{ADDRESS OF IMPORTING COMPANY{time} .
    B. I have direct personal knowledge of the facts regarding the 
importation into the Customs territory of the United States of the 
aluminum foil completed in {COUNTRY{time}  that entered under the 
entry summary number(s), identified below, and are covered by this 
certification. ``Direct personal knowledge'' refers to the facts the 
certifying party is expected to have in its own records. For 
example, the importer should have direct personal knowledge of the 
exporter's and/or 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 aluminum foil covered by this certification was imported by 
{NAME OF IMPORTING COMPANY{time}  on behalf of {NAME 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 aluminum foil 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 the inputs used to produce the 
imported products).
    F. The importer certifies that the aluminum foil produced in 
{COUNTRY{time}  that is covered by this certification was not 
manufactured using aluminum foil and/or sheet produced in the 
People's Republic of China (China), regardless of whether sourced 
directly from a Chinese producer or from a downstream supplier.
    G. The aluminum foil covered by this certification is not 
covered by the antidumping duty or countervailing duty orders on 
certain aluminum foil from China.
    H. 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 #:
    Producer:
    Producer's Address:
    I. I understand that {NAME OF 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, product specification sheets, 
production records, invoices, etc.) 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.

[[Page 82828]]

    J. I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of the exporter's certification 
(attesting to information regarding 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 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.
    K. I understand that {NAME OF 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 the request of either agency.
    L. I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    M. I understand that failure to maintain the required 
certifications 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 entries of merchandise that is covered by the scope of the 
antidumping and countervailing duty orders on aluminum foil from 
China. I understand that such a 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 antidumping duty 
and countervailing duty cash deposits determined by Commerce; and
    (iii) the importer no longer being allowed to participate in the 
certification process.
    N. I understand that agents of the importer, such as brokers, 
are not permitted to make this certification.
    O. 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.
    P. 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 materially 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 EXPORTING COMPANY{time} , located at {ADDRESS 
OF EXPORTING COMPANY{time} .
    B. I have direct personal knowledge of the facts regarding the 
production and exportation of the aluminum foil 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 aluminum foil 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 seller certifies that the aluminum foil produced in 
{COUNTRY{time}  that is covered by this certification was not 
manufactured using aluminum foil and/or sheet produced in the 
People's Republic of China (China), regardless of whether sourced 
directly from a Chinese producer or from a downstream supplier.
    E. The aluminum foil covered by this certification is not 
covered by the antidumping duty or countervailing duty orders on 
certain aluminum foil from China.
    F. 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 the Foreign Seller: (if the foreign 
seller and the producer are the same party, report ``NA'' here)
    G. I understand that {EXPORTING COMPANY{time}  is required to 
maintain a copy of this certification and sufficient documentation 
supporting this certification (i.e., documents maintained in the 
normal course of business, or documents obtained by the certifying 
party, for example, product specification sheets, customer 
specification sheets, production records, invoices, etc.) 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.
    H. I understand that {EXPORTING COMPANY{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 the 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 
sales of merchandise that is covered by the scope of the antidumping 
and countervailing duty orders on aluminum foil from China. I 
understand that such a 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 antidumping and 
countervailing duty 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 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 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.
    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 materially false statements to the U.S. 
government.

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

[FR Doc. 2023-26030 Filed 11-24-23; 8:45 am]
BILLING CODE 3510-DS-P