[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Notices]
[Pages 58110-58114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15681]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-106, C-570-107]


Wooden Cabinets and Vanities and Components Thereof From the 
People's Republic of China: Final Scope Determination, Certification 
Requirements, and Recission of Circumvention Inquiries on 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 
certain imports of wooden cabinets and vanities and components thereof 
(wooden cabinets), completed in Malaysia or the Socialist Republic of 
Vietnam (Vietnam) using wooden cabinet components or constituent wooden 
parts manufactured in the People's Republic of China (China), are 
covered by the scope of the antidumping duty (AD) and countervailing 
duty (CVD) orders on wooden cabinets from China. Further, Commerce is 
rescinding the circumvention inquiries that were initiated to determine 
whether imports of wooden cabinets from Malaysia or Vietnam are 
circumventing the AD and CVD orders on wooden cabinets from China.

DATES: Applicable July 17, 2024.

FOR FURTHER INFORMATION CONTACT: Michael Romani, 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) 482-0198.

SUPPLEMENTARY INFORMATION:

Background

    On April 21, 2020, Commerce published the AD and CVD orders on 
imports of wooden cabinets from China.\1\ On May 24, 2022, Commerce 
issued scope initiation memoranda explaining that we intended to 
determine whether imports of wooden cabinets completed in Malaysia and 
Vietnam using wooden component parts manufactured in China are covered 
by the AD and CVD orders on wooden cabinets from China.\2\ Further, on 
June 10, 2022, Commerce published in the Federal Register the notice of 
initiation of circumvention inquiries of the AD and CVD orders on 
wooden cabinets from China which were assembled in Malaysia or Vietnam 
using wooden cabinet component parts sourced from China.\3\ The 
American Kitchen Cabinet Alliance (the petitioner) withdrew its support 
for continuing the circumvention inquiry.\4\
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    \1\ See Wooden Cabinets and Vanities and Components Thereof from 
the People's Republic of China: Antidumping Duty Order, 85 FR 22126 
(April 21, 2020) (Wooden Cabinets from China AD Order); and Wooden 
Cabinets and Vanities and Components Thereof from the People's 
Republic of China: Countervailing Duty Order, 85 FR 22134 (April 21, 
2020) (Wooden Cabinets from China CVD Order) (collectively, Orders).
    \2\ See Memoranda, ``Initiation of Scope Inquiry,'' dated May 
24, 2022 (Scope Initiation).
    \3\ See Wooden Cabinets and Vanities and Components Thereof from 
the People's Republic of China: Initiation of Circumvention 
Inquiries on the Antidumping and Countervailing Duty Orders, 87 FR 
354999 (June 10, 2022) (Circumvention Initiation Notice), and 
accompanying Circumvention Initiation Memorandum.
    \4\ See Memoranda, ``Wooden Cabinets and Vanities and Components 
Thereof from the People's Republic of China--Final Scope Ruling on 
Certain Wooden Cabinets that Are Further Processed in Malaysia,'' 
dated concurrently with this notice (Malaysia Final Scope 
Memorandum), at Comment 12; and ``Wooden Cabinets and Vanities and 
Components Thereof from the People's Republic of China--Final Scope 
Ruling on Certain Wooden Cabinets that Are Further Processed in the 
Socialist Republic of Vietnam,'' dated concurrently with this notice 
(Vietnam Final Scope Memorandum), at Comment 12 (collectively, Final 
Scope Rulings).
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    For a complete description of the events that followed the 
initiation, see the Final Scope Memoranda.\5\
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    \5\ See Final Scope Rulings at section II, Background.
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Scope of the Orders

    The merchandise covered by these Orders are wooden cabinets from 
China. A complete description of the scope of the Orders is provided in 
the Final Scope Memoranda.\6\
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    \6\ See Final Scope Rulings at section III, Scope of the Orders.
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Merchandise Subject to the Scope and Circumvention Inquiries

    These scope and circumvention inquiries cover wooden cabinets 
exported to the United States that were completed in Malaysia or 
Vietnam under the following scenarios:
    Scenario 1: A Malaysian or Vietnamese company imports finished 
wooden cabinet doors, drawer fronts, and frames that are produced in 
China. The Malaysian or Vietnamese company produces wooden cabinet 
boxes and drawer boxes in Malaysia or Vietnam and combines the wooden 
cabinet subassemblies from China and Malaysia or Vietnam, resulting in 
merchandise that still meets the description of the scope of the 
Orders.
    Scenario 2: A Malaysian or Vietnamese company imports semifinished 
wooden cabinet doors, drawer fronts, and frames that are produced in 
China and performs further processing of these components from China in 
Malaysia or Vietnam such as trimming, cutting, notching, punching, 
drilling, painting, staining, or other finishing processes. The 
Malaysian or Vietnamese company produced wooden cabinet boxes and 
drawer boxes in Malaysia or Vietnam and combines the wooden cabinet 
doors, drawer fronts, and frames that are produced in China with the 
wooden cabinet boxes and drawer boxes produced in Malaysia or Vietnam, 
resulting in merchandise that still meets the description of the scope 
of the Orders.
    Scenario 3: A Malaysian or Vietnamese company imports semifinished 
wooden component parts of wooden cabinet doors, drawer fronts, and 
frames that are produced in China. The wooden component parts of the 
wooden cabinet doors, drawer fronts, and frames include rails, stiles, 
and panels. The Malaysian or Vietnamese company performs further 
processing of these parts from China in Malaysia or Vietnam such as 
trimming, cutting, notching, punching, drilling, painting, staining, or 
other finishing processes, including the assembly of the wooden 
component parts into completed subassembly doors, drawer fronts, and 
frames. The Malaysian or Vietnamese company produces wooden cabinet 
boxes and drawer boxes in Malaysia or Vietnam. Finally, the Malaysian 
or Vietnamese company combines the wooden cabinet doors, drawer fronts, 
and frames that are produced in China with the wooden cabinet boxes and 
drawer boxes produced in Malaysia or Vietnam, resulting in merchandise 
that still meets the description of the scope of the Orders.
    Scenario 4: A Malaysian or Vietnamese company imports a finished 
wooden cabinet wooden component part, toe kick, that is produced in 
China. The Malaysian or Vietnamese company produces all other wooden 
cabinet component parts necessary to assemble a complete wooden cabinet 
in Malaysia or Vietnam. The Malaysian or Vietnamese company combines 
the wooden component part, cabinet box toe kick, produced in China with 
the other wooden cabinet component parts of the cabinet box, as well as 
the frame, doors, and drawer subassemblies made

[[Page 58111]]

in Malaysia or Vietnam, resulting in merchandise that does not meet the 
description of the scope of the Orders.\7\
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    \7\ See Scope Initiation at 2-3; see also Petitioner's Letter 
``Response to Request for Additional Information,'' dated May 17, 
2022, at 5-6.
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Methodology and Final Scope Ruling

    Commerce conducted this scope inquiry in accordance with 19 CFR 
351.225(k)(1) and 351.225(j). Specifically, as discussed in the Final 
Scope Memoranda, we find that Scenarios 1, 2, and 3 wooden cabinets 
produced in China, and combined in Malaysia or Vietnam with wooden 
cabinet component parts produced in Malaysia or Vietnam, and exported 
to the United States, are Chinese in origin and, thus, covered by the 
scope of the Orders.\8\ We find that merchandise made according to 
Scenario 4 is not subject to the Orders because it is substantially 
transformed in Malaysia or Vietnam.\9\ A complete list of the issues 
discussed in the Final Scope Rulings is contained in Appendix I.
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    \8\ See Memoranda, ``Post-Preliminary Analysis,'' dated 
September 28, 2023 (Malaysia Post-Preliminary Scope Memorandum), at 
15, unchanged in Malaysia Final Scope Memorandum at section IV, 
``Scope Ruling''; and ``Post-Preliminary Analysis,'' dated September 
28, 2023 (Vietnam Post-Preliminary Scope Memorandum), at 15, 
unchanged in Vietnam Final Scope Memorandum at section IV, ``Scope 
Ruling.''
    \9\ See Malaysia Post-Preliminary Scope Memorandum at 15, 
unchanged in Malaysia Final Scope Memorandum at section III, ``Final 
Scope Determination''; see also Vietnam Post-Preliminary Scope 
Memorandum at 15; unchanged in Vietnam Final Scope Memorandum at 
section III, ``Final Scope Determination.''
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Continuation of Suspension of Liquidation in Accordance With Final 
Scope Ruling

    As stated above, Commerce found that imports of Scenario 1, 2, and 
3 wooden cabinets produced in China, and combined in Malaysia or 
Vietnam with wooden cabinet component parts produced in Malaysia or 
Vietnam, and exported to the United States, are Chinese in origin and, 
thus, covered the scope of the Orders. As a result of this 
determination and consistent with 19 CFR 351.225(l)(3), we intend to 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of Scenarios 1, 2, and 3 wooden cabinets from Malaysia or Vietnam, and 
to require a cash deposit of estimated duties, at the applicable rate, 
that are entered, or withdrawn from warehouse, for consumption on or 
after November 4, 2021, the effective date of the regulations pursuant 
to 19 CFR 351.225(l)(2).\10\ These suspension of liquidation and cash 
deposit requirements do not apply to imports of wooden cabinets from 
Malaysia or Vietnam produced under scenarios other than Scenarios 1, 2, 
and 3 (and otherwise not subject to the Orders). Therefore, cash 
deposits are not required for such merchandise, subject to the 
certification and documentation requirements described in the Importer 
and Exporter Certifications found in appendices II and III, 
respectively.
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    \10\ See Regulations to Improve Administration and Enforcement 
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 
20, 2021).
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    Specifically, if an importer of wooden cabinets from Malaysia or 
Vietnam claims that the wooden cabinet was not produced using Scenarios 
1, 2, or 3, then the importer and exporter must meet the certification 
and documentation requirements described in Appendices II and III. An 
exporter of wooden cabinets in Malaysia or Vietnam claiming its wooden 
cabinet were not produced using the Chinese wooden cabinet input 
scenarios subject to these inquiries must prepare and maintain an 
Exporter Certification and documentation supporting the Exporter 
Certification (see Appendix III). In addition, importers of such wooden 
cabinets must prepare and maintain an Importer Certification (see 
Appendix II) and documentation supporting the Importer Certification. 
Further, the importer must also maintain a copy of the Exporter 
Certification and relevant supporting documentation from its exporter 
of wooden cabinets in Malaysia or Vietnam that were not produced using 
any of the Chinese wooden cabinet input scenarios subject to these 
inquiries.
    If it is determined that the certification and/or documentation 
requirements in a certification have not been met (e.g., where the 
importer/exporter cannot support its claim that the imported 
merchandise was produced using any of the Chinese wooden cabinet input 
scenarios subject to these inquiries) Commerce will instruct CBP to 
suspend liquidation and require cash deposits for such entries.
    For AD cash deposits, Commerce will instruct CBP to require AD cash 
deposits equal to the China-wide rate (i.e., 251.64 percent), unless 
the producer and/or exporter has a company-specific separate rate.\11\ 
In that instance, the cash deposit rate will be the rate of the Chinese 
producer of the wooden cabinet that has a separate rate of its own.
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    \11\ See Wooden Cabinets from China AD Order, 85 FR at 22127.
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    For CVD cash deposits, Commerce will instruct CBP to require CVD 
cash deposits equal to the all-others rate (i.e., 20.93 percent), 
unless the producer and/or exporter has a company-specific rate.\12\ In 
that instance, the cash deposit rate will be the rate of the Chinese 
producer of the wooden cabinet that has its own rate. The suspension of 
liquidation and cash deposit requirements will remain in effect until 
further notice.
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    \12\ See Wooden Cabinets from China CVD Order, 85 FR at 22135.
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    Finally, for imports of Scenarios 1, 2, and 3 wooden cabinets from 
Malaysia or Vietnam, Commerce has established third-country case 
numbers in the Automated Commercial Environment (ACE). For Scenarios 1, 
2, and 3 wooden cabinets exported from Malaysia, where the country-of-
origin changes for CBP's reporting purposes, importers should report 
such entries under the following third-country case numbers: A-557-107-
000 and C-557-107-000. For Scenarios 1, 2, and 3 wooden cabinets 
exported from Vietnam, where the country-of-origin changes for CBP's 
reporting purposes, importers should report such entries under the 
following third-country case numbers: A-552-106-000 and C-552-107-000. 
The importer, producer, or exporter of Scenarios 1, 2, and 3 wooden 
cabinets from Malaysia or Vietnam should file a request in Enforcement 
and Compliance's electronic system, ACCESS, and on the record of the 
applicable administrative review proceeding, asking Commerce to 
establish a case number in ACE for China that is specific to the 
Chinese supplier of wooden cabinets if that supplier has its own 
company-specific rate. CBP may also submit a request through the ACE 
AD/CVD Portal Inquiry System, for Commerce to establish company-
specific third-country case numbers for the Orders.
    Where no certification is provided for an entry, and the Orders 
potentially apply to that entry, Commerce intends to instruct CBP to 
suspend the entry and collect cash deposits at the AD rate established 
for the China-wide entity and the CVD all-others rate, i.e., 251.64 
percent and 20.93 percent, under the third-country case number above. 
These suspension of liquidation instructions will remain in effect 
until further notice.

Recission of the Circumvention Inquiries

    Pursuant to 19 CFR 351.226(f)(6)(ii), Commerce may rescind a 
circumvention inquiry where it has been determined that the merchandise 
at issue in the circumvention inquiry is covered by the scope of the AD 
or CVD order. Commerce, in the Circumvention Initiation Notice, stated 
that it would

[[Page 58112]]

first determine if the merchandise at issue is covered by the scope of 
the Orders before considering whether this merchandise is circumventing 
the Orders.\13\ Because we have now determined that the scope of the 
Orders covers imports of wooden cabinets from Malaysia or Vietnam 
produced under Scenarios 1, 2, and 3 (i.e., using certain wooden 
cabinet components or constituent wooden parts manufactured in China), 
we are rescinding the circumvention inquiries with respect to Scenarios 
1, 2, and 3 merchandise.
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    \13\ See Circumvention Initiation Notice, 87 FR 35499, 35499-
35500.
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    Further, on April 24, 2024, the domestic industry withdrew its 
request for a circumvention inquiries on wooden cabinets exported from 
Malaysia or Vietnam under Scenario 4 (i.e., using a wooden component 
part, toe kick, produced in China).\14\ Therefore, in accordance 19 CFR 
351.226(f)(6)(i), Commerce finds that it is appropriate to also rescind 
the circumvention inquiries with respect to Scenario 4. As such, we are 
rescinding the circumvention inquiries in their entirety (i.e., for 
Scenarios 1, 2, 3, and 4 merchandise).
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    \14\ See Petitioner's Letter, ``Comments on the Proposed 
Certification Regime,'' dated April 24, 2024, at 5; see also Final 
Scope Ruling at Comment 12; Petitioner's Letter, ``Scope Ruling 
Application and Request for Circumvention Inquiry,'' dated April 20, 
2020, at 2 (requesting a country-wide circumvention of the related 
application for scope inquiry, (i.e., of scenarios 1, 2, 3, and 4).
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Suspension of Liquidation Related to the Recission of the Circumvention 
Inquiries

    Pursuant to 19 CFR 351.226(l)(1), Commerce notified CBP of the 
initiation of these circumvention inquiries and directed CBP to 
continue the suspension of liquidation of entries of products subject 
to the circumvention inquiry that were already subject to the 
suspension of liquidation under the Orders and to apply the cash 
deposit rate that would be applicable if the products were determined 
to be covered by the scope of the Orders.\15\ Upon publication of this 
rescission notice, Commerce will inform CBP that Commerce is rescinding 
the circumvention inquiries in their entirety. However, because we have 
made affirmative scope findings on Scenarios 1, 2, and 3 merchandise, 
Commerce will instruct CBP to suspend merchandise produced under those 
three scenarios at the applicable rate(s) in effect on the date of 
entry until specific liquidation instructions are issued. Because we 
have found merchandise made according to Scenario 4 is not subject to 
the Orders and are rescinding the circumvention inquiries as to that 
scenario, we will instruct CBP to no longer suspend entries produced 
under Scenario 4 and liquidate any such entries without regard to 
duties.
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    \15\ See CBP Message 2164404, ``Initiation of Circumvention 
Inquiry--Antidumping and Countervailing Duty Orders on Wooden 
Cabinets and Vanities and Components Thereof from the People's 
Republic of China (A-570-106, C-570-107),'' dated June 13, 2022.
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Certification Requirements for Malaysia and Vietnam

    All Malaysian and Vietnamese companies are eligible to participate 
in the scope certification process. For further information, see the 
Final Scope Memoranda at Comment 10.
    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. Except for the entries described below, the importer 
certification must be completed, signed, and dated by the time the 
entry summary is filed for the relevant entry. The importer, or the 
importer's agent, must submit both the importer's certification and the 
exporter's certification to CBP as part of the entry process by 
uploading them into the document imaging system (DIS) in ACE. Where the 
importer uses a broker to facilitate the entry process, the importer 
should obtain the entry summary number from the broker. Agents of the 
importer, such as brokers, however, are not permitted to certify on 
behalf of the importer.
    Exporters are required to complete and maintain the applicable 
exporter certification and provide the importer with a copy of that 
certification and all supporting documentation (e.g., invoice, purchase 
order, production records, etc.) Except for 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 wooden cabinets 
assembled in Malaysia or 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 wooden cabinets entered, or withdrawn from warehouse, for 
consumption during the period November 4, 2021 (the effective date of 
the regulations pursuant to 19 CFR 351.225(l)(2)), through the date of 
the publication of this Federal Register notice, where an entry has not 
been liquidated (and for entries for which liquidation has not become 
final), the relevant certifications should be completed and signed as 
soon as practicable, but not later than 90 days after the date of 
publication of this notice in the Federal Register. It is not necessary 
to file certifications in the DIS for entries from this period that 
have already been liquidated. For entries from this period, importers, 
and exporters each have the option to complete a blanket certification 
covering multiple entries, individual certifications for each entry, or 
a combination thereof. The exporter must provide the importer with a 
copy of the exporter certification with sufficient time for the 
importer to meet the 90-day deadline. Importers must file a Post 
Summary Correction with CBP, in accordance with CBP's regulations, to 
upload certifications for applicable unliquidated entries.
    For unliquidated entries (and entries for which liquidation has not 
become final) of wooden cabinets from China that were declared as non-
AD/CVD type entries (e.g., type 01) and entered, or withdrawn from 
warehouse, for consumption in the United States during the period 
November 4, 2021 (the effective date of the regulations pursuant to 19 
CFR 351.225(l)(2)), through the date of the publication of this Federal 
Register notice, 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/CVD type entries to AD/CVD type entries (e.g., type 01 to 
type 03). Importers should report those AD/CVD type entries using the 
third-country case numbers A-557-106 and C-557-107 for entries from 
Malaysia and A-552-106 and C-552-107 from Vietnam. The importer should 
pay cash deposits on those entries consistent with the regulations 
governing post summary corrections that require payment of additional 
duties.
    If it is determined that an importer and/or exporter has not met 
the certification and/or related documentation requirements for certain 
entries, Commerce intends to instruct CBP to suspend, pursuant to this 
final affirmative country-wide scope determination and the Orders, all

[[Page 58113]]

unliquidated entries for which these requirements were not met and to 
require the importer to post applicable cash deposits equal to the 
rates noted above.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition 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

    We are issuing and publishing this notice in accordance with 
sections 781(b) and 777(i) of the Act, 19 CFR 351.225(h), 19 CFR 
351.226(f)(6), and 19 CFR 351.228.

    Dated: July 10, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Final Scope Ruling Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Scope Ruling
V. Discussion of the Issues--Scope Determination and Substantial 
Transformation
    Comment 1: Whether the Scope Inquiries Were Properly Initiated
    Comment 2: Whether Parts Not Specified in the Scope Are Subject 
to the Orders
    Comment 3: Whether Use of the Petitioner's New Factual 
Information (NFI) Is Appropriate
    Comment 4: Whether Commerce Weighted Outcomes of the Substantial 
Transformation Analysis
    Comment 5: Whether Certain Wooden Cabinets Are Subject to the 
Orders
    Comment 6: Whether Wooden Cabinets Wholly Produced in Third 
Countries Are Subject to the Orders
VI. Discussion of the Issues--Certification
    Comment 7: Whether Commerce Has the Authority to Implement 
Certification in a Scope Inquiry
    Comment 8: Whether Commerce's Proposed Certification Regime Is 
Reasonable
    Comment 9: Whether 45 Days Is Sufficient Time to File All 
Certifications
    Comment 10: Whether All Parties Are Eligible to Certify
    Comment 11: Whether Other Revisions to the Certification 
Language Are Appropriate
    Comment 12: Whether to Rescind the Circumvention Inquiry
VII. Appendix A--Moot Comments
    Comment 13: Whether Incorporations by Reference Are Necessary or 
Valid
    Comment 14: Whether the Product Scenarios Are Ill-Defined
VIII. Recommendation

Appendix II

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 
wooden cabinets and vanities and components thereof (wooden 
cabinets) completed in Malaysia or the Socialist Republic of Vietnam 
(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 wooden cabinets, 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 wooden cabinets 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 wooden cabinets covered by this certification were 
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. This certification applies to the following entries (repeat 
this block as many times as necessary for each entry, to identify 
all the producers of wooden cabinet components and wooden component 
parts used to produce each wooden cabinet):

Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer's Name:
Producer's Address:
Country of Origin of Wooden Cabinet Components or Wooden Cabinet 
Component Parts:

    G. The wooden cabinets covered by this certification do not 
contain wooden cabinet components started in the People's Republic 
of China (China), completed in Malaysia or Vietnam, produced 
according to production Scenario 1, 2, or 3, and exported to the 
United States.\16\
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    \16\ Scenario 1: finished wooden doors, drawer fronts, and 
frames produced in China are combined in Malaysia or Vietnam with 
wooden cabinet and vanity boxes and drawers produced in Malaysia or 
Vietnam;
    Scenario 2: semifinished wooden doors, drawer fronts, and frames 
produced in China are further processed in Malaysia or Vietnam (by, 
for example trimming, cutting, notching, punching, drilling, 
painting, staining, or other finishing processes), and combined in 
Malaysia or Vietnam with wooden cabinet and vanity boxes and drawers 
produced in Malaysia or Vietnam;
    Scenario 3: semifinished parts of wooden cabinet and vanity 
doors, drawer fronts, and frames (including the rails, stiles, and 
panels) produced in China are further processed in Malaysia or 
Vietnam (by, for example trimming, cutting, notching, punching, 
drilling, painting, staining, or other finishing processes, 
including the assembly of the parts to produce fully finished wooden 
cabinet doors, drawer fronts, and frames) and combined in Malaysia 
or Vietnam with wooden cabinet and vanity boxes and drawers produced 
in Malaysia or Vietnam.
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    H. I understand that {IMPORTING COMPANY{time}  is required to 
maintain a copy of this certification and sufficient documentation 
supporting this certification (i.e., documents maintained in the 
normal course of business, or documents obtained by the certifying 
party, for example, certificates of origin, product data sheets, 
bills of materials, productions records in China and Malaysia or 
Vietnam, descriptions of processes completed in China and Malaysia 
or Vietnam, 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 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 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.
    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 
in the Automated Commercial Environment, 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.

[[Page 58114]]

    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) and countervailing 
duty (CVD) orders on wooden cabinets from China. I understand that 
such finding:
    (i) will result in the suspension of liquidation of all 
unliquidated entries (and entries for which liquidation has not 
become final) for which these requirements were not met;
    (ii) will result in the importer being required to post the AD 
and CVD cash deposits determined by Commerce; and
    (iii) may also result in 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 by the time of filing the 
entry summary or within 45 days of the date on which Commerce issued 
the final scope determination implementing the certification regime.
    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} 

Appendix III

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{time} , located at {ADDRESS OF FOREIGN COMPANY THAT 
MADE THE SALE TO THE UNITED STATES{time} .
    B. I have direct personal knowledge of the facts regarding the 
production and exportation of the wooden cabinets and vanities and 
components thereof (wooden cabinets) 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 wooden cabinets covered by this certification were 
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 wooden cabinets covered by this certification do not 
contain wooden cabinet components, produced according to Scenarios 
1, 2, or 3,\17\ started in the People's Republic of China (China), 
completed in Malaysia or Vietnam, and exported to the United States, 
regardless of whether sourced directly from a producer in China or 
from a downstream seller.
---------------------------------------------------------------------------

    \17\ Scenario 1: finished wooden doors, drawer fronts, and 
frames produced in China are combined in Malaysia or the Socialist 
Republic of Vietnam (Vietnam) with wooden cabinet and vanity boxes 
and drawers produced in Malaysia or Vietnam;
    Scenario 2: semifinished wooden doors, drawer fronts, and frames 
produced in China are further processed in Malaysia or Vietnam (by, 
for example trimming, cutting, notching, punching, drilling, 
painting, staining, or other finishing processes), and combined in 
Malaysia or Vietnam with wooden cabinet and vanity boxes and drawers 
produced in Malaysia or Vietnam;
    Scenario 3: semifinished parts of wooden cabinet and vanity 
doors, drawer fronts, and frames (including the rails, stiles, and 
panels) produced in China are further processed in Malaysia or 
Vietnam (by, for example trimming, cutting, notching, punching, 
drilling, painting, staining, or other finishing processes, 
including the assembly of the parts to produce fully finished wooden 
cabinet doors, drawer fronts, and frames) and combined in Malaysia 
or Vietnam with wooden cabinet and vanity boxes and drawers produced 
in Malaysia or Vietnam.
---------------------------------------------------------------------------

    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's Name:
Producer's Address:
Producer's Invoice # to Foreign Seller:
Name of Producer(s) of Wooden Cabinets, Wooden Cabinet Components, 
and Wooden Cabinet Component Parts:
Producers' Addresses Including Country:

    F. 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, bills of materials, productions 
records, descriptions of processes completed in China and Malaysia 
or Vietnam, 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.
    G. 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.
    H. I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    I. 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 and countervailing duty orders 
on wooden cabinets from China. I understand that such a finding:
    (i) will result in suspension of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) will result in the importer being required to post the AD 
and CVD cash deposits determined by Commerce; and
    (iii) may also result in the seller/exporter no longer being 
allowed to participate in the certification process.
    J. I understand that agents of the seller/exporter, such as 
freight forwarding companies or brokers, are not permitted to make 
this certification.
    K. This certification was completed at time of shipment or 
within 45 days of the date on which Commerce issued its final scope 
determination implementing the certification regime.
    L. 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. 2024-15681 Filed 7-16-24; 8:45 am]
BILLING CODE 3510-DS-P