Message body
Full text as published by U.S. Customs and Border Protection
1. Commerce has amended the deadline for completing the importer and exporter certifications established in the Vietnam-wide circumvention inquiry of the antidumping duty (AD) and countervailing duty (CVD) orders on certain hardwood plywood products and veneered panels (hardwood plywood) from the People's Republic of China (China) (87 FR 45753, 07/29/2022) (Preliminary Determination).
In message number 2220409 (08/08/2022), Commerce stated that for hardwood plywood from China assembled in Vietnam (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption during the period 06/17/2020 through 08/28/2022 for which certifications are required, importers and exporters should complete certifications by 09/12/2022.
As outlined in paragraph 6c below, the new deadline for completing the importer and exporter certifications for hardwood plywood from China assembled in Vietnam shipped, entered, or withdrawn from warehouse, for consumption on or after 06/17/2020 through 08/28/2022 is now 12/01/2022.
This amendment will be published in the Federal Register within 30 days of the issuance of these instructions.
2. Scope of the AD and CVD Orders
The scope of the merchandise covered by the AD and CVD orders is described in paragraph 2 of message 2220409.
3. Scope of the Circumvention Inquiry
These scope and circumvention inquiries cover hardwood plywood completed in Vietnam using hardwood plywood inputs (face veneer, back veneer, and/or either an assembled core or individual core veneers) manufactured in China, or Chinese hardwood plywood inputs (assembled cores, multi-ply core panels, or individual core veneers) combined in Vietnam with other inputs (face and/or back veneers) manufactured in Vietnam or third countries, and subsequently exported to the United States.
Specifically, these inquiries cover hardwood plywood that is exported to the United States that is produced under the following scenarios:
1. Face veneer, back veneer, and assembled core components (e.g., veneer core platforms) (see note below) manufactured in China and assembled in Vietnam;
2. Fully assembled veneer core platforms manufactured in China that are combined in Vietnam with face and/or back veneers produced in Vietnam or third countries;
3. Multi-ply panels of glued core veneers manufactured in China that are combined in Vietnam to produce veneer core platforms and combined with either a face and/or back veneer produced in China, Vietnam, or a third country;
4. Face veneer, back veneer, and individual core veneers produced in China and assembled into hardwood plywood in Vietnam; and
5. Individual core veneers manufactured in China and processed into a veneer core platform in Vietnam and combined with a face and/or back veneer produced in Vietnam or other third country.
Note to CBP:
A veneer core platform is defined as two or more wood veneers that form the core of an otherwise completed hardwood plywood product (i.e., a hardwood plywood product to which the outer (face and back) veneers have not yet been affixed).
4. Preliminary Affirmative Country-wide Circumvention
Commerce preliminarily found that hardwood plywood assembled in Vietnam under production scenarios 4 or 5, identified above, and exported to the United States, is circumventing the order.
Note to CBP:
On 07/29/2022, concurrently with this circumvention determination, Commerce preliminary determined that hardwood plywood assembled in Vietnam under production scenarios 1-3 identified above, and exported to the United States, is within the scope of the antidumping and countervailing duty orders on hardwood plywood from China.
The notice of amended deadline for completing certifications pertaining to Commerce's scope ruling will be issued separately from these instructions.
5.
Suspension of Liquidation
The suspension of liquidation and cash deposit requirements set forth in paragraph 5a-5b apply to all entries described below that do not meet the certification requirements described in paragraphs 6 through 6c.(iii).
5a. Case numbers A-552-006/C-552-007 have been set up to accommodate entries of hardwood plywood completed in Vietnam that are circumventing the China hardwood plywood AD and CVD orders.
Accordingly, U.S. Customs and Border Protection (CBP) shall suspend liquidation, under case numbers A-552-006/C-552-007, of all unliquidated entries (and entries for which liquidation has not become final) of hardwood plywood assembled in Vietnam under production scenarios 4 or 5 identified above, that were entered, or withdrawn from warehouse, for consumption on or after 06/17/2020 (the date of publication of initiation of this circumvention inquiry).
5b. AD Cash Deposits:
If hardwood plywood inputs assembled in Vietnam under production scenarios 4 or 5 identified above were supplied by a Chinese manufacturer with an exporter-specific rate, the importer, producer, or exporter may request establishment of a third-country case number specific to the Chinese supplier for such imports.
For such imports, CBP shall require an AD cash deposit equal to that Chinese exporter's company-specific rate.
Such requests from an importer, producer, or exporter should be filed on the record of the proceeding in Enforcement & Compliance's electronic record system, ACCESS.
CBP may also request establishment of a company-specific third-country case number.
Requests for establishment of company-specific third-country case numbers from CBP should be submitted through the ACE AD/CVD Portal Inquiry System.
If hardwood plywood inputs assembled in Vietnam under production scenarios 4 or 5, as identified above, were supplied by a Chinese exporter without its own company-specific rate, such entries should be entered under case number A-552-006-000 and CBP shall require a cash deposit equal to the current China-wide rate percent of the entered value.
5c. CVD Cash Deposits:
If hardwood plywood inputs assembled in Vietnam under production scenarios 4 or 5 identified above were supplied by a Chinese company with a producer and/or exporter-specific rate, the importer, producer, or exporter may request establishment of a third-country case number specific to the Chinese supplier for such imports.
For such imports, CBP shall require a producer and/or exporter's cash deposit equal to that Chinese supplier's company-specific rate.
Such requests from an importer, producer, or exporter should be filed on the record of the proceeding in Enforcement & Compliance's electronic record system, ACCESS.
CBP may also request establishment of a company-specific third-country case number.
Requests for establishment of company-specific third-country case numbers from CBP should be submitted through the ACE AD/CVD Portal Inquiry System.
For CVD cash deposits, Commerce will instruct CBP to require CVD cash deposits equal to the China All-Others rate (C-552-007-000), unless the importer/exporter can demonstrate that the Chinese hardwood plywood inputs were produced and/or exported by a Chinese company with a company-specific rate.
In that instance, the cash deposit rate will be the rate of the Chinese supplier of the hardwood plywood inputs that has its own rate.
5d.
For unliquidated entries (and entries for which liquidation has not become final) of merchandise covered by paragraphs 5a through 5c, entered, or withdrawn from warehouse, for consumption during the period 06/17/2020 through 07/28/2022, importers should file a Post Summary Correction with CBP, as appropriate, in accordance with CBP's regulations, regarding conversion of such entries from non-AD/CVD type entries to AD/CVD type entries and report those entries using the appropriate third-country case number.
Any such entries that are set for liquidation should be unset immediately.
6. Certification Requirements
If an importer imports hardwood plywood from Vietnam and claims that the hardwood plywood was assembled in Vietnam using a production scenario other than those identified in paragraph 3 above, the importer and exporter are required to meet the certification and documentation requirements described below in order for no cash deposit to be required pursuant to the AD and CVD orders at issue.
6a.
Eligibility for Certification
6a.(i) Except for the companies listed in paragraph 6a(ii), importers and exporters of hardwood plywood from Vietnam are eligible for the certification process detailed below and in the Preliminary Determination (87 FR 45753).
6a.(ii) The companies listed below are currently not eligible to certify that their hardwood plywood is assembled in Vietnam using a production scenario other than those identified in paragraph 3 above.
An An Plywood Joint Stock Company
Arrow Forest International Co., Ltd.
BAC Son Woods Processing Joint Stock Company
Bao Yen MDF Joint Stock Company
BHL Thai Nguyen Corp.
BHL Vietnam Investment and Development
Dong Tam Production Trading Company Limited
Eagle Industries Company Limited
Golden Bridge Industries Pte. Ltd.
Govina Investment Joint Stock Company
Greatriver Wood Co., Ltd.
Greatwood Company Limited
Greatwood Hung Yen Joint Stock Company
Groll Ply and Cabinetry
Hai Hien Bamboo Wood Joint Stock Company
Her Hui Wood (Vietnam) Co., Ltd.
Hoang LAM Plywood Joint Stock Co.
Huong Son Wood Group Co., Ltd.
Innovgreen Thanh Hoa Co., Ltd.
Lechenwood Viet Nam Company Limited
Linwood Vietnam Co., Ltd
Long LUU Plywood Production Co., Ltd.
Long Phat Construction Investment and Trade Joint Stock Company
Plywood Sunshine Ltd. Co.
Quang Phat Woods JSC
Quoc Thai Forestry Import Export Limited Company
Rongjia Woods Vietnam Company Limited
Sumec Huongson Wood Group Co., Ltd.
Tan Tien Co., Ltd.
TEKCOM Corporation
Thang Long Wood Panel Company Ltd.
Thanh Hoa Stone Export Company
Truong Son North Construction JSC
Vietind Co. Ltd.
Vietnam Golden Timber Company Limited
Win Faith Trading
6b.
Certification Requirements for Importers and Exporters
6b.(i) For entries of hardwood plywood from Vietnam entered, or withdrawn from warehouse, for consumption on or after 06/17/2020 for which the importer claims that the hardwood plywood was assembled in Vietnam using a production scenario other than those identified in paragraph 3 above, the importer and exporter are required to meet the certification and documentation requirements detailed in the certification below in order for no suspension of liquidation and no cash deposit to be required for such entries.
6b.(ii) The exporter is further required to provide the importer a copy of the exporter certification, and the importer is required to maintain a copy of the exporter certification.
6b.(iii) The importer and third-country exporter are required to maintain sufficient documentation supporting the importer and third-country exporter certifications (e.g., production records, invoices, etc.).
The importer and exporter are required to maintain the certification and supporting documentation for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries.
6b.(iv) Although the importer will not be required to submit the certification or supporting documentation to CBP as part of the entry process, the importer and the exporter will be required to present the certification and supporting documentation to Commerce and/or CBP, as applicable, upon request by the respective agency.
6b.(v) Agents of the importer, such as brokers, are not permitted to make this certification.
Where the importer uses a broker to facilitate the entry process, it should obtain the entry number and date of entry from the broker.
6b.(vi) The exporter certification should be completed by the party selling the merchandise manufactured in Vietnam to the United States, which may not necessarily be the producer of the product.
6b.(vii) The claims made in the importer and exporter certifications and any supporting documentation are subject to verification by Commerce and/or CBP.
6c.
Certification Timing Requirements for Importers and Exporters
6c.(i) For hardwood plywood (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption during the period 06/17/2020 through 07/28/2022 for which certifications are required, importers and exporters have the option to complete: (a) a blanket certification covering multiple entries, (b) individual certifications for each entry, or (c) a combination thereof.
Importer and exporter certifications for these entries should be completed, signed, and dated no later than 12/01/2022 (within 125 days of publication of the Preliminary Determination in the Federal Register).
Accordingly, the relevant bullet in the certification should be edited to reflect that the certification was completed within this time frame.
For example, the bullet in the importer certification that reads, "This certification was completed by the time of filing the entry summary," could be edited as follows:
"The imports referenced herein entered before 07/29/2022, the date on which Commerce published notice of its preliminary scope and circumvention findings in the Federal Register.
This certification was completed on mm/dd/yyyy, within 125 days of the Federal Register notice publication."
Similarly, exporters should complete the language in paragraph E in the exporter certification that reads:
"The shipments/products referenced herein shipped before 07/29/2022, the date on which Commerce published notice of its preliminary scope and anti-circumvention findings in the Federal Register.
This certification was completed on mm/dd/yyyy, within 125 days of the Federal Register notice publication."
Additionally, the exporter must provide the importer a copy of the exporter certification and supporting documents within 125 days of the Preliminary Determination publication.
6c.(ii) For subject merchandise (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption on or after 07/29/2022, for which certifications are required:
-- the importer certification must be completed, signed, and dated by the time of filing of the entry summary for the relevant importation; and
-- the exporter certification must be completed, signed, dated and provided to the importer by the time of shipment.
Note: For merchandise shipped within 30 days of 07/29/2022, the certification requirements should be met as soon as practicable, but no later than 125 days of the Preliminary Determination publication.
6c.(iii) For unliquidated entries (and entries for which liquidation has not become final) of merchandise entered as non-AD/CVD type entries (e.g., type 01) that were (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption during the period 06/17/2020 through 07/29/2022, for which a conversion from non-AD/CVD to AD/CVD type is required; importers should file a Post Summary Correction with CBP (in accordance with CBP's regulations) using case number A-552-006-000/C-552-007-000.
Similarly, the importer should pay cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties.
7.
Certifications
7a. IMPORTER CERTIFICATION
I hereby certify that:
(A) My name is {IMPORTING COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADDRESS OF IMPORTING COMPANY}.
(B) I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the hardwood plywood completed in Vietnam that entered under entry summary number(s), identified below, and are covered by this certification.
"Direct personal knowledge" refers to facts the certifying party is expected to have in its own records.
For example, the importer should have "direct personal knowledge" of the importation of the product (e.g., the name of the exporter) in its records;
(C) 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 hardwood plywood inputs used to produce the imported products);
(D) 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 core veneers/veneered panels/veneer core platforms:
(E) The hardwood plywood completed in Vietnam was not produced under any of the production scenarios subject to these certifications:
1. Face veneer, back veneer, and assembled core components (e.g., veneer core platforms (see note below)) manufactured in China and assembled in Vietnam;
2. Fully assembled veneer core platforms manufactured in China that are combined in Vietnam with face and/or back veneers produced in Vietnam or third countries;
3. Multi-ply panels of glued core veneers manufactured in China that are combined in Vietnam to produce veneer core platforms and combined with either a face and/or back veneer produced in China, Vietnam, or a third country;
4. Face veneer, back veneer, and individual core veneers produced in China and assembled into hardwood plywood in Vietnam; and
5. Individual core veneers manufactured in China and processed into a veneer core platform in Vietnam and combined with a face and/or back veneer produced in Vietnam or other third country;
Note:
A veneer core platform is defined as two or more wood veneers that form the core of an otherwise completed hardwood plywood product (i.e., a hardwood plywood product to which the outer (face and back) veneers have not yet been affixed).
(F) I understand that {IMPORTING COMPANY} 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, production records, invoices, USDA Plant and Plant Product Declaration Form etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries;
(G)
I understand that {IMPORTING COMPANY} is required to provide this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce);
(H) I understand that {IMPORTING COMPANY} is required to maintain a copy of the exporter's certification (attesting to the production and/or export of the imported merchandise identified above) and supporting documentation, for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries;
(I) I understand that {IMPORTING COMPANY} is required to maintain and provide a copy of the exporter's certification and supporting documentation, upon request, to CBP and/or Commerce;
(J) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce;
(K)
I understand that failure to maintain the required certification and supporting documentation and/or failure to substantiate the claims made herein and/or failure to allow 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/countervailing duty orders on hardwood plywood 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 requirement that the importer post applicable antidumping duty and/or countervailing duty cash deposits (as appropriate) equal to the rates determined by Commerce; and
(iii) the revocation of {NAME OF IMPORTING COMPANY}'s privilege to certify that future imports of hardwood plywood are not produced under any of the production scenarios subject to these certifications.
(L) I understand that agents of the importer, such as brokers, are not permitted to make this certification;
(M) This certification was completed by the time of filing the entry summary or within 125 days of the date on which Commerce published notice of its preliminary scope and anti-circumvention findings in the Federal Register; and
(N)
I am aware that U.S. law (including, but not limited to, 18 U.S.C. Section1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE}
{DATE}
7b. EXPORTER CERTIFICATION
I hereby certify that:
(A) My name is {COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF EXPORTING COMPANY}, located at {ADDRESS OF EXPORTING COMPANY}.
(B) I have direct personal knowledge of the facts regarding the production and exportation in the Customs territory of the United States of the hardwood plywood identified below.
"Direct personal knowledge" refers to facts the certifying party is expected to have in its own books and records.
For example, an exporter should have "direct personal knowledge" of the producer's identity and location;
(C) The hardwood plywood completed in Vietnam was not produced under any of the following production scenarios:
1. Face veneer, back veneer, and assembled core components (e.g., veneer core platforms (see note below) manufactured in China and assembled in Vietnam;
2. Fully assembled veneer core platforms manufactured in China that are combined in Vietnam with face and/or back veneers produced in Vietnam or third countries;
3. Multi-ply panels of glued core veneers manufactured in China that are combined in Vietnam to produce veneer core platforms and combined with either a face and/or back veneer produced in China, Vietnam, or a third country;
4. Face veneer, back veneer, and individual core veneers produced in China and assembled into hardwood plywood in Vietnam; and
5. Individual core veneers manufactured in China and processed into a veneer core platform in Vietnam and combined with a face and/or back veneer produced in Vietnam or other third country;
Note:
A veneer core platform is defined as two or more wood veneers that form the core of an otherwise completed hardwood plywood product (i.e., a hardwood plywood product to which the outer (face and back) veneers have not yet been affixed).
(D) This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER} (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 Invoice # to Foreign Seller:
(If the foreign seller and the producer are the same party, put NA here.)
Name of core veneers/veneered panel/veneer core platform producer:
(E) The hardwood plywood products covered by this certification were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}.
(F) I understand that {NAME OF EXPORTING COMPANY} 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, production records, invoices, etc.) for the later of:
(1) a period of five years from the date of entry; or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries;
(G) I understand that {NAME OF EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer by the time of shipment.
{Or}
The shipments/products referenced herein shipped before the 07/29/2022, the date on which Commerce published notice of its preliminary scope and anti-circumvention findings in the Federal Register.
This certification was completed on mm/dd/yyyy, within 125 days of the Federal Register notice publication;
(H) I understand that failure to maintain the required certification and supporting documentation, failure to substantiate the claims made herein, and/or failure to allow 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 (AD)/countervailing duty (CVD) orders on hardwood plywood 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 requirement that the importer post applicable AD and/or CVD cash deposits (as appropriate) equal to the rates as determined by Commerce; and
(iii) the revocation of {NAME OF EXPORTING COMPANY}'s privilege to certify that future imports of hardwood plywood are not produced under any of the production scenarios subject to these certifications.
(I) This certification was completed at time of shipment or within 125 days of the date on which Commerce published notice of its preliminary scope and anti-circumvention findings in the Federal Register;
(J) I am aware that U.S. law (including, but not limited to, 18 U.S.C. Section1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE}
{DATE}
8.
This instruction does not affect or otherwise limit CBP's independent authority to take any additional action with respect to the suspension of liquidation or related measures.
9.
If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984.
CBP ports should submit their inquiries through authorized CBP channels only.
(This message was generated by OV: RJ.)
10.
There are no restrictions on the release of this information.
Alexander Amdur