[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Pages 7372-7373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02114]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Docket Number: 231208-0290]
RIN 0625-XZ100


Announcing an Importer's Additional Declaration in the Automated 
Commercial Environment Specific to Antidumping/Countervailing Duty 
Certifications

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

ACTION: General notice.

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SUMMARY: The U.S. Department of Commerce (Commerce), in coordination 
with U.S. Customs and Border Protection (CBP), is announcing a new 
functionality in the Automated Commercial Environment (ACE) for 
importers entering merchandise that is the subject of an antidumping 
and/or countervailing duty (AD/CVD) certification. Specifically, the 
capability will exist for importers to identify in the ACE entries that 
are the subject of an AD/CVD certification. Commerce intends to 
instruct parties to use this new functionality on a case-by-case basis. 
This new identification mechanism will facilitate Commerce's and CBP's 
administration of the AD/CVD laws by making such entry summaries more 
readily identifiable to Commerce and CBP.

DATES: This new functionality will be effective May 2, 2024.

FOR FURTHER INFORMATION CONTACT: For technical questions related to 
ACE, contact your assigned CBP client representative. Interested 
parties without an assigned CBP client representative should direct 
their questions to: [email protected]. For general 
questions related to the new declaration capability, contact Michael 
Walsh or Yasmin Bordas, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; email: [email protected] or 
[email protected], respectively.

SUPPLEMENTARY INFORMATION: This notice announces functionality in ACE 
for an Importer's Additional Declaration

[[Page 7373]]

specific AD/CVD certifications. For years, Commerce has used 
certification requirements as a way for parties to support claims 
concerning the applicability of an AD/CVD order to merchandise that 
they are producing, exporting and/or importing.\1\ More recently, on 
September 20, 2021, Commerce published amendments to its existing 
regulations at 19 CFR part 351 to strengthen and improve the 
administration and enforcement of the AD/CVD laws.\2\ Included in this 
final rule is the new regulation at 19 CFR 351.228, which became 
applicable on October 20, 2021, that codifies and enhances Commerce's 
existing authority and practice to require certifications by importers 
and other interested parties as to whether merchandise is subject to an 
AD/CVD order. Pursuant to 19 CFR 351.228(a)(1)(i)-(iii), the Secretary 
of Commerce may determine in the context of an AD/CVD proceeding that 
an importer or other interested party shall ``maintain a certification 
for entries of merchandise into the customs territory of the United 
States,'' ``provide a certification by electronic means at the time of 
entry or entry summary,'' or ``otherwise demonstrate compliance with a 
certification requirement as determined by the Secretary, in 
consultation with the Customs Service.''
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    \1\ See, e.g., Crystalline Silicon Photovoltaic Cells, Whether 
or Not Assembled Into Modules, from the People's Republic of China: 
Preliminary Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination and Affirmative Preliminary 
Determination of Critical Circumstances, in Part, 77 FR 31309, 
31323-24 (May 25, 2012), unchanged in Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, and Affirmative Final Determination of Critical 
Circumstances, in Part, 77 FR 63791 (October 17, 2012), and 
accompanying Issues and Decision Memorandum at note 33; Certain 
Cold-Rolled Steel Flat Products from the People's Republic of China: 
Affirmative Final Determination of Circumvention of the Antidumping 
Duty and Countervailing Duty Orders, 83 FR 23891, 23892 (May 23, 
2018), and accompanying Issues and Decision Memorandum at Comment 4.
    \2\ See Regulations To Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021).
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    Since the time we published this regulation, there is a new 
reporting functionality in ACE that will allow the importer to enter a 
specific importer's additional declaration type code, which will be 
transmitted through the Automated Broker Interface, and indicate that 
merchandise is being entered into the customs territory of the United 
States subject to an accompanying AD/CVD certification. ACE will then 
reflect the indication under the new Importer's Additional Declaration. 
In light of this new functionality, when the Secretary determines in 
the context of an AD/CVD proceeding that a certification is required, 
the Secretary may determine, alone or in conjunction with other 
requirements, that the importer shall declare that its merchandise is 
being entered subject to a certification requirement using an 
additional declaration type code in ACE at the time of entry summary. 
This code will represent a claim that, for example, the entered 
merchandise is entitled to a specific company AD and/or CVD rate or, 
alternatively, a claim that the entered merchandise is not subject to 
AD and/or CVD order. Use of this increased visibility in ACE will 
strengthen Commerce's and CBP's enforcement of AD/CVD orders, enabling 
them to more easily identify merchandise that is being entered subject 
to an AD/CVD certification. Accordingly, as of the effective date 
identified above and as determined by the Secretary in a given AD/CVD 
proceeding, Commerce and CBP may require that importers entering 
merchandise into customs territory of the United States that is the 
subject of an AD/CVD certification identify their merchandise as such 
with the new importer's additional declaration type code submitted at 
the time of entry summary. The Cargo Systems Messaging Service (CSMS) 
message announcing this new functionality will provide additional 
instructions regarding the importer's additional declaration type code.

    Dated: January 29, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-02114 Filed 2-1-24; 8:45 am]
BILLING CODE 3510-DS-P