[Federal Register Volume 90, Number 138 (Tuesday, July 22, 2025)]
[Notices]
[Pages 34427-34431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13787]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-910, C-570-911]
Circular Welded Carbon Quality Steel Pipe From the People's
Republic of China: Preliminary Affirmative Determination of
Circumvention of the Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that imports of circular welded carbon quality steel pipe
(CWP), completed in the Sultanate of Oman (Oman) using hot-rolled steel
(HRS) produced in the People's Republic of China (China), are
circumventing the antidumping duty (AD) and countervailing duty (CVD)
orders on CWP from China. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable July 22, 2025.
FOR FURTHER INFORMATION CONTACT: Shawn Gregor, Office of Policy,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-3226.
SUPPLEMENTARY INFORMATION:
Background
On July 22, 2008, Commerce published in the Federal Register the AD
and CVD orders on CWP from China.\1\ On November 19, 2024, Commerce
initiated a country-wide circumvention inquiry to determine whether
certain imports of CWP completed in Oman using HRS produced in China
are circumventing the Orders, and accordingly, should be covered by the
scope of the Orders.\2\ On January 13, 2025, Commerce selected Al
Jazeera Steel Products Company SAOG (formerly known as Al Jazeera Tube
Mill Company SAOG) as the mandatory respondent in this circumvention
inquiry.\3\ On March 18, 2025, Commerce extended the time limit for
issuing the preliminary determination in this circumvention inquiry to
July 17, 2025.\4\ For a complete description of the events that
followed the initiation of this circumvention inquiry, see the
Preliminary Decision Memorandum.\5\
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\1\ See Notice of Antidumping Duty Order: Circular Welded Carbon
Quality Steel Pipe from the People's Republic of China, 73 FR 42547
(July 22, 2008); and Circular Welded Carbon Quality Steel Pipe from
the People's Republic of China: Notice of Amended Final Affirmative
Countervailing Duty Determination and Notice of Countervailing Duty
Order, 73 FR 42545 (July 22, 2008) (collectively, Orders or China
Orders).
\2\ See Circular Welded Carbon Quality Steel Pipe from the
People's Republic of China: Initiation of Circumvention Inquiry on
the Antidumping and Countervailing Duty Orders, 89 FR 91327
(November 19, 2024).
\3\ See Memorandum, ``Respondent Selection,'' dated January 13,
2025.
\4\ See Memorandum, ``Extension of Deadline for the Preliminary
Determination in the Circumvention Inquiry Pertaining to the
Sultanate of Oman,'' dated March 18, 2025.
\5\ See Memorandum, ``Preliminary Decision Memorandum for the
Circumvention Inquiry on the Antidumping Duty and Countervailing
Duty Orders,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Orders
The products covered by the Orders include certain welded carbon
quality steel pipes and tubes. For a full description of the scope of
the Orders, see the Preliminary Decision Memorandum.\6\
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\6\ Id. at 3-4.
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Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers CWP completed in Oman using
Chinese-origin HRS and subsequently exported from Oman 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. A list of topics discussed in the Preliminary Decision
Memorandum is included in Appendix I of this notice. The Preliminary
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 Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Circumvention Determination
As detailed in the Preliminary Decision Memorandum, Commerce
preliminarily determines that CWP completed in Oman using Chinese-
origin HRS and subsequently exported from Oman to the United States is
circumventing the Orders on a country-wide basis. As a result, in
accordance with section 781(b) of the Act, we
[[Page 34428]]
preliminarily determine that this merchandise is subject to the scope
of 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 ``Certifications''
and ``Certification Requirements'' sections below for details regarding
the use of certifications.
Suspension of Liquidation and Cash Deposit Requirements
Based on the preliminary affirmative country-wide determination of
circumvention with respect to Oman, in accordance with 19 CFR
351.225(l)(2), Commerce will direct CBP to suspend liquidation and to
require a cash deposit of estimated duties on unliquidated entries of
inquiry merchandise that were entered, or withdrawn from warehouse, for
consumption, on or after November 19, 2024, the date of publication of
the initiation of this circumvention inquiry in the Federal Register.
CWP completed in Oman from HRS that is not of Chinese origin is not
subject to this inquiry. However, Commerce preliminarily finds that CWP
completed in Oman using China-origin HRS is circumventing the AD and
CVD orders on CWP from China. Imports of such merchandise are subject
to certification requirements, and cash deposits may be required.
Entries for which the importer and exporter have met the
certification and documentation requirements described below and in
Appendix II to this notice will not be subject to suspension of
liquidation or the cash deposit requirements.
Where the certification and documentation requirements are not met
for an entry, Commerce intends to instruct CBP to suspend the entry and
collect cash deposits at the rates applicable to the AD and CVD orders
on CWP from China. For companies with their own company-specific rate
under the China Order, the cash deposit rate will be the company-
specific rate. Otherwise, Commerce will instruct CBP to require AD cash
deposits equal to the China-wide rate of 85.55 percent and CVD cash
deposits equal to 39.01 percent.
Commerce established the following third-country case number in the
Automated Commercial Environment (ACE) for entries of CWP completed in
Oman using China-origin HRS: A-523-910 and C-523-911.
These suspension of liquidation requirements will remain in effect
until further notice.
Certifications
To administer the affirmative country-wide determination of
circumvention for Oman, Commerce established importer and exporter
certifications, which allow companies to certify that specific entries
of CWP from Oman are not subject to suspension of liquidation or the
collection of cash deposits pursuant to this preliminary affirmative
country-wide determination of circumvention if the merchandise is not
made with Chinese-origin HRS or is made with an input other than HRS
(see Appendix II to this notice).
Importers and exporters that claim that the entry of CWP is not
subject to suspension of liquidation or the collection of cash deposits
because the merchandise is not made with Chinese-origin HRS or is 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
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 the importer's
certification, the exporter's certification, the commercial invoice,
and the bill of lading to CBP at the time of entry summary by uploading
these documents 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. Consistent with CBP's procedures, importers
shall identify certified entries by using importers' additional
declaration (record 54) AD/CVD Certification Designation (type code 06)
when filing entry summary.\7\
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\7\ See Cargo System Messaging Service #59384253, dated February
12, 2024; see also Announcing an Importer's Additional Declaration
in the Automated Commercial Environment Specific to Antidumping/
Countervailing Duty Certifications, 89 FR 7372 (February 2, 2024).
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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 CWP that was
manufactured in Oman to the United States.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce 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 CWP from Oman that was entered, or withdrawn from
warehouse, for consumption during the period November 19, 2024 (the
date of initiation of this circumvention inquiry), through August 13,
2025, where the entry has not been liquidated (and entries for which
liquidation has not become final), the importer and exporter
certifications should be completed and signed as soon as practicable,
but not later than September 8, 2025. The importer/exporter
certifications, commercial invoice, and bill of lading should be
uploaded to the DIS in ACE as soon as practicable, but not later than
September 8, 2025. For such entries, 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 no later than September 8, 2025.
For unliquidated entries (and entries for which liquidation has not
become final) of CWP that were declared as non-AD or non-CVD type
entries (e.g., type 01) and entered, or withdrawn from warehouse, for
consumption in the United States during the period November 19, 2024
(the date of initiation of these circumvention inquiries) through
August 13, 2025, 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 or non-CVD type entries to AD or CVD type entries (e.g.,
type 01 to
[[Page 34429]]
type 03) as soon as practicable, but not later than September 8, 2025.
Importers must report those AD or CVD-type entries using the third-
country case numbers identified in the ``Suspension of Liquidation and
Cash Deposit Requirements'' section, above. The importer must pay cash
deposits on those entries consistent with the regulations governing
post summary corrections that require payment of additional duties.
Interested parties may comment on the certification requirements
and on the certification language contained in Appendix II to this
notice in their case briefs.
Verification
As provided in 19 CFR 351.307, Commerce may verify information
relied upon in making its final determination.
Public Comment
Case briefs should be submitted to the Assistant Secretary for
Enforcement and Compliance no later than seven days after the date on
which the last verification report is issued. Rebuttal briefs, limited
to issues raised in case briefs, may be submitted no later than five
days after the deadline for case briefs.\8\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) a statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\9\
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\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\9\ See 19 CFR 351.309(c)(2)(d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide a public
executive summary of their brief that should be limited to five pages
total, including footnotes. In this proceeding, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\10\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final determination in this proceeding. We request that
interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069, 67077 (September 29, 2023).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
within 30 days after the date of publication of this notice in the
Federal Register, filed electronically via ACCESS. Hearing requests
should contain: (1) the party's name, address, and telephone number;
(2) the number of participants and whether any participant is a foreign
national; and (3) a list of the issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the respective
comments.\12\ If a request for a hearing is made, Commerce intends to
hold the hearing at a date and time to be determined and will notify
the parties through ACCESS.\13\ Parties should confirm the date, time,
and location of the hearing two days before the scheduled date.
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\12\ See 19 CFR 351.310.
\13\ See 19 CFR 351.310(d).
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All submissions, including affirmative and rebuttal comments, as
well as hearing requests, should be filed using ACCESS. An
electronically-filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
U.S. International Trade Commission Notification
Commerce, consistent with section 781(e) of the Act, will notify
the U.S. International Trade Commission (ITC) of this preliminary
determination to include the merchandise subject to this circumvention
inquiry within the Orders. Pursuant to section 781(e) of the Act, the
ITC may request consultations concerning Commerce's proposed inclusion
of the inquiry merchandise. If, after consultations, the ITC believes
that a significant injury issue is presented by the proposed inclusion,
it will have 60 days from the date of notification by Commerce to
provide written advice.
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)(1).
Dated: July 17, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Surrogate Country and Valuation Methodology for Inputs From
China
VII. Statutory and Regulatory Framework for a Circumvention Inquiry
VIII. Analysis of Statutory Criteria for the Circumvention Inquiry
IX. Summary of Analysis
X. Certification Process and Country-Wide Affirmative Determination
of Circumvention
XI. 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
circular welded carbon quality steel pipe (CWP) produced in the
Sultanate of Oman (Oman) 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 CWP,
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 CWP 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 CWP 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.,
[[Page 34430]]
correspondence received by the importer (or exporter) from the
producer regarding the source of hot-rolled steel (HRS) or other
inputs used to produce the imported CWP);
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: \14\
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\14\ Put ``N/A'' if the Country of Origin involves an input
other than HRS.
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Producer:
Producer's Address:
G. The CWP covered by this certification does not contain HRS
produced in the People's Republic of China (China);
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,
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, the
commercial invoice, and the bill of lading at the time of entry
summary by uploading these documents 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, a copy of the
exporter's certification, the commercial invoice, the bill of
lading, and any supporting documentation provided to the importer by
the exporter, upon request of either agency. Consistent with CBP's
procedures, importers shall identify certified entries by using
importers' additional declaration (record 54) AD/CVD Certification
Designation (type code 06) when filing entry summary.
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 CWP from China. 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 antidumping duty
and countervailing duty 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;
This certification was completed and signed on, or prior to, the
date of the entry summary if the entry date after August 13, 2025.
If the entry date is on or before August 13, 2025, this
certification was completed and signed by no later than September 8,
2025, and the importer and exporter certifications, the commercial
invoice, and the bill of lading were uploaded to DIS in ACE by no
later than September 8, 2025.
N. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE 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 circular welded carbon quality
steel pipe (CWP) from the Sultanate of Oman (Oman) 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 CWP 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 CWP covered by this certification does not contain hot-
rolled steel (HRS) produced in the People's Republic of China
(China);
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: \15\
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\15\ Put ``N/A'' if the producer did not use HRS in the
production of CWP.
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Location (Country) of Producer of HRS: \16\
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\16\ Put ``N/A'' if the producer did not use HRS in the
production of CWP.
F. The CWP 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 and countervailing duty
orders on CWP from China. 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 antidumping duty
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.
[[Page 34431]]
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 August 13, 2025. If
the shipment date is on or before August 13, 2025, this
certification was completed and signed, and a copy of the
certification was provided to the importer, by no later than
September 8, 2025; 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. 2025-13787 Filed 7-21-25; 8:45 am]
BILLING CODE 3510-DS-P