Message body
Full text as published by U.S. Customs and Border Protection
1. This is a correction to message 3137401, dated 05/17/2023, to correct paragraph 6d of that message.
Message 3137401, set out to correct message 3110407, dated 04/20/2023.
2. Paragraph 6d of message 3137401 contains incorrect information about paragraph numbers referred to within the text of the paragraph.
Below is the fully corrected message.
3.
On 04/12/2023, Commerce issued a preliminary determination that Light-Walled Welded Rectangular Carbon Steel Tubing (LWR tubing) completed in Vietnam using Taiwan-origin hot rolled steel (HRS) and subsequently exported from the Socialist Republic of Vietnam (Vietnam) to the United States (products covered by the determination) are circumventing the antidumping duty (AD) order on LWR tubing from Taiwan.
See 88 FR 21980.
4.
Specifically, Commerce preliminarily determined that the products covered by the determination are covered by the scope of the order based on the totality of the circumstances, including (i) the products imported into the United States from Vietnam are within the same class or kind of merchandise subject to the AD order on LWR tubing from Taiwan; (ii) the products covered by the determination are being completed and assembled, in part, from parts and components produced in Taiwan; (iii) the totality of the factors indicates the process of assembly or completion in Vietnam is minor or insignificant; (iv) the value of Taiwan-origin HRS is a significant portion of the total value of the merchandise made from Taiwan-origin HRS in Vietnam and exported to the United States, (v) action is appropriate to prevent evasion of the order on LWR tubing from Taiwan.
5.
This preliminary circumvention determination is applicable on a country-wide basis, regardless of foreign producer, exporter, or importer.
6.
Suspension of Liquidation
6a.
Continue to suspend liquidation of entries of products covered by the determination that are already subject to the suspension of liquidation under the AD order on LWR tubing from Taiwan in accordance with message 2217407, dated 08/05/2022.
6b.
For all entries of products covered by the determination not already subject to the suspension of liquidation, CBP shall suspend liquidation, of shipments entered, or withdrawn from warehouse, for consumption on or after 08/04/2022.
CBP shall require, for such entries, a cash deposit at the applicable rate(s) in effect on the date of entry pursuant to the cash deposit hierarchy described in paragraph 6c of this message.
6c.
As a result of this preliminary circumvention determination on LWR tubing completed in Vietnam using Taiwan-origin HRS and the concurrent preliminary circumvention determinations on light-walled rectangular pipe and tube (LWRPT) completed in Vietnam using China-origin HRS (related to the AD and countervailing duty (CVD) orders, A-570-914 and C-570-915) and LWRPT completed in Vietnam using Korea-origin HRS (related to the AD order, A-580-859), imports of LWR tubing from Vietnam and imports of LWRPT from Vietnam are subject to certification requirements.
For shipments of LWR tubing from Vietnam and shipments of LWRPT from Vietnam entered, or withdrawn from warehouse, for consumption on or after 08/04/2022, the following cash deposit hierarchy applies:
6c(i).
The entry is subject to the cash deposit requirements established in the AD
and CVD orders on LWRPT from China (A-570-914/C-570-915) unless both the importer and the exporter have certified that the entry was not produced from China-origin HRS.
6c(ii).
If both the importer and the exporter have certified that the entered product was not produced from China-origin HRS, the entry is subject to the cash deposit requirements established in the AD order on LWR tubing from Taiwan (A-583-803) unless both the importer and the exporter have also certified that the entered product was not produced from Taiwan-origin HRS.
6c(iii).
If both the importer and the exporter have certified that the entered product was not produced from China-origin HRS or Taiwan-origin HRS, the entry is subject to the cash deposit requirements established in the AD order on LWRPT from Korea (A-580-859) unless both the importer and the exporter have also certified that the entered product was not produced from Korea-origin HRS.
6c(iv).
If both the importer and the exporter have certified that the entered product was not produced from China-origin HRS, Taiwan-origin HRS, or Korea-origin HRS, then the entry is not subject to the AD and CVD orders on LWRPT from China (A-570-914/C-570-915), the AD order on LWR tubing from Taiwan (A-583-803), or the AD order on LWRPT from Korea (A-580-859).
6d.
Entries of products covered by subparagraphs 6a and 6b should not be liquidated until specific liquidation instructions are issued. Any entries which are set for liquidation must be unset immediately.
6e.
Commerce preliminarily determined that Hoa Phat Steel Pipe Company Ltd. is not eligible to participate in the certification program established by the preliminary affirmative circumvention determination.
Accordingly, CBP should suspend liquidation and require a cash deposit at the AD/CVD rates established for LWRPT from China (A-552-914/C-552-915) for entries of LWR tubing and LWRPT that were produced and/or exported by Hoa Phat Steel Pipe Company Ltd.
6f.
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 on or after 08/04/2022, 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 the appropriate third-country case numbers.
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.
Third-Country Case Numbers
7a.
Commerce has established third-country case numbers A-552-914 and C-552-915 for LWRPT exported from Vietnam that was produced using China-origin HRS.
7a(i)
Commerce has established the following company-specific third country case numbers for LWR tubing and LWRPT produced and/or exported by Hoa Phat Steel Pipe Company Ltd.:
A-552-914-001 and C-552-915-001.
7b.
Commerce has established third-country case number A-552-863 for LWR tubing exported from Vietnam that was produced using Taiwan-origin HRS.
7b(i)
Commerce established the following company-specific third country case number for LWR tubing produced and/or exported from Vietnam by Vina One Steel Manufacturing Corporation:
A-552-863-001.
7c.
Commerce has established third-country case number A-552-859 for LWRPT exported from Vietnam that was produced using Korea-origin HRS.
8.
Certification Requirements
8a.
Eligibility for the certification:
Importers and exporters of LWR tubing from Vietnam are eligible for the certification process detailed below.
8a(i)
Except for the company listed in paragraph 6a(ii), importers and exporters of LWR tubing from Vietnam are eligible for the certification process detailed below and in the Preliminary Determination (88 FR 21980).
8a(ii)
Hoa Phat Steel Pipe Company Ltd. is currently not eligible to participate in the certification program established for exports of LWR tubing and LWRPT from Vietnam.
8b.
Certification requirements for importers and exporters certifying that the merchandise is produced from non-Taiwan origin HRS:
8b(i)
For entries of LWR tubing products from Vietnam entered, or withdrawn from warehouse, for consumption on or after 08/04/2022 for which the importer claims that the LWR tubing was not produced from Taiwan-origin HRS, the importer and exporter are required to meet the certification and documentation requirements detailed in the certifications below in order for no cash deposit to be required on such entries.
8b(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.
8b(iii)
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.
For entries made from 08/04/2022 through 04/12/2023, for which the importer, or the importer's agent, did not submit both the importer's certification and the exporter/s certification to CBP as part of the entry process, the importer, or the importer's agent, must submit both the importer's certification and the exporter's certification to CBP.
8b(iv)
The importer and third-country exporter are also required to maintain sufficient documentation (as indicated in the certifications) supporting their certifications. The importer and exporter are required to maintain the certifications and supporting documentation for the later of (1) he 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.
8b(v)
Although the importer will not be required to submit the supporting documentation to CBP as part of the entry process, the importer and the exporter will be required to present the supporting documentation to Commerce and/or CBP, as applicable, upon request by the respective agency.
8b(vi)
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.
8b(vii)
The exporter certification should be completed by the party selling the merchandise manufactured in Vietnam to the United States, which is not necessarily the producer of the product.
8b(viii)
The claims made in the importer and exporter certifications and any supporting documentation are subject to verification by Commerce and/or CBP.
8c.
Further, if CBP determines that the certification and/or documentation requirements identified have not been met (i.e., CBP determines the certification and/or documentation is deficient or otherwise unacceptable), for all entries of product(s) covered by the determination entered, or withdrawn from warehouse, for consumption on or after 08/04/2022, CBP shall suspend liquidation of all such entries as subject to the AD/CVD orders in accordance with the cash deposit hierarchy described at paragraph 6c of this message, and shall require the importer to post applicable AD/CVD cash deposits.
Such suspended entries will be liquidated pursuant to applicable administrative reviews of the LWR tubing from Taiwan AD order, the LWRPT from China AD/CVD orders, the LWRPT from Korea AD order, or through the automatic liquidation process.
8d.
Certification Timing and Format Requirements
8d(i)
For subject merchandise (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption during the period 08/04/2022 through 04/12/2023, for which certifications are required, importers and exporters each have the option to complete a blanket certification covering multiple entries, individual certifications for each entry, or a combination thereof. Importer and Exporter certifications for these entries should be completed, signed, and dated no later than 05/27/2023 (within 45 days of the date of publication of the preliminary determination).
Accordingly, the relevant bullet in the certification should be edited to reflect that the certification was completed within this time frame. For example, in the importer certification the bullet that reads: "This certification was completed at or prior to the time of entry," could be edited as follows: "The shipments/products referenced herein entered before 04/xx/2023. This certification was completed on mm/dd/yyyy, within 45 days of the Federal Register notice publication."
Similarly, the bullet in the exporter certification that reads "This certification was completed at or prior to the time of shipment," could be edited as follows: "The shipments/products referenced herein shipped before 04/xx/2023. This certification was completed on mm/dd/yyyy, within 45 days of the Federal Register notice publication."
Additionally, the exporter must provide the importer a copy of the exporter certification within 45 days of the date of publication of the Preliminary Determination.
8d(ii)
For subject merchandise entered, or withdrawn from warehouse for consumption, the following instructions apply:
-- the importer certification must be completed, signed, and dated as specified in 9a.M.; and
-- the exporter certification must be completed, signed, dated as specified in 9b.L.
9.
Certifications
9a.
Importer Certification
I hereby certify that:
A. My name is {IMPORTING COMPANY OFFICIAL'S NAME} and I am an official 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 light-walled welded rectangular carbon steel tubing (LWR tubing) produced 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 LWR tubing, 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 LWR tubing covered by this certification was imported by {IMPORTING COMPANY} on behalf of {U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER};
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} is not acting on behalf of the first U.S. customer.
D. The LWR tubing covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}.
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 hot-rolled steel (HRS) used to produce the imported LWR tubing);
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:
Producer:
Producer's Address:
G. The LWR tubing covered by this certification does not contain HRS produced in Taiwan;
H. 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, 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} 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} is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with the importer certification, and any supporting documentation, and a copy of the exporter's certification, and any supporting documentation provided to the importer by the exporter, upon request of either agency;
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) order on LWR tubing from Taiwan.
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 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 is more than 14 days after the date of publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register, this certification was completed and signed by no later than 45 days after publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register.
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 OF COMPANY OFFICIAL}
{DATE}
9b. 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} 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 light-walled welded rectangular carbon steel tubing (LWR tubing) 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 LWR tubing covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED};
D. The LWR tubing covered by this certification does not contain HRS produced in Taiwan;
E. 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 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:
Location (Country) of Producer of HRS:
F. The LWR tubing covered by this certification was shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED};
G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES} 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} 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 order on LWR tubing from Taiwan.
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 cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate in the certification process.
K. I understand that agents of the seller/exporter, such as freight forwarding companies or brokers, are not permitted to make this certification.
L. This certification was completed and signed, and a copy of the certification was provided to the importer, on, or prior to, the date of shipment if the shipment date is more than 14 days after the date of publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register.
If the shipment date is on or before the 14th day after the date of publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register, this certification was completed and signed, and a copy of the certification was provided to the importer, by no later than 45 days after publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register; and
M. 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 OF COMPANY OFFICIAL}
{DATE}
10.
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 OI:CW)
11.
There are no restrictions on the release of this information.
Alexander Amdur