Message body
Full text as published by U.S. Customs and Border Protection
1.
This is a correction to message 3096410, dated 04/06/2023, to correct paragraphs 5b, 5d, and 8 of that message.
2.
Paragraphs 5b and 5d of message 3096410 contain incorrect information, in that the details of certification timing which properly belong in paragraph 5d were contained in paragraph 5b.
Paragraph 8 of message 3096410 contains incorrect information, in that it states an incorrect deadline for submission of certifications.
Below is the fully corrected message.
3. On 03/22/2023, Commerce issued a preliminary determination that aluminum foil assembled and completed in Korea, using Chinese-origin aluminum foil and/or sheet, that is subsequently exported from Korea to the United States (the product covered by the inquiry) is circumventing the antidumping and countervailing duty orders on certain aluminum foil from the People's Republic of China (China) (A-570-053 / C-570-054).
See 88 FR 17177.
On 03/28/2023, Commerce issued a correction to the preliminary determination which states the correct antidumping and countervailing duty rates to be applied to entries covered by this instruction.
See 88 FR 18297.
4.
Specifically, Commerce preliminarily determined that aluminum foil assembled and completed in Korea, using Chinese-origin aluminum foil and/or sheet is covered by the scopes of the antidumping and countervailing duty orders on certain aluminum foil from China because, inter alia:
(i) the inquiry merchandise imported into the United States from Korea is within the same class or kind of merchandise as the class or kind of merchandise subject to the antidumping and countervailing duty orders on certain aluminum foil from China; (ii) the inquiry merchandise is being completed and assembled, in part, from parts and components produced in China; (iii) the totality of the factors indicates the process of assembly or completion in Korea is minor or insignificant; (iv) the value of the merchandise produced in China is a significant portion of the total value of the merchandise exported to the United States; and (v) action is warranted to prevent evasion of the antidumping and countervailing duty orders on certain aluminum foil from China.
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 aluminum foil assembled and completed in Korea, using Chinese-origin aluminum foil and/or sheet that are already subject to the suspension of liquidation under the antidumping and countervailing duty orders on certain aluminum foil from China in accordance with message 2201403, dated 07/20/2022.
6b.
For all entries of the product covered by the inquiry not already subject to the suspension of liquidation, CBP shall suspend liquidation, of shipments entered, or withdrawn from warehouse, for consumption on or after 07/18/2022.
CBP shall require, for such entries, a cash deposit at the applicable rates in effect on the date of entry.
6c.
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.
7. Certification requirements
7a.
Eligibility for Certification:
Commerce has established importer and exporter certifications.
These certifications will permit importers and exporters to establish that specific entries of aluminum foil from Korea are not subject to suspension of liquidation or the collection of cash deposits pursuant to these preliminary country-wide affirmative determinations of circumvention because the merchandise meets the component content requirements described in the certification in Paragraph 8.
Importers and exporters that claim that an entry of aluminum foil is not subject to suspension of liquidation or the collection of cash deposits based on the inputs used to manufacture such merchandise must complete the applicable certification and meet the certification and documentation requirements described in Paragraph 8, as well as the requirements identified in the applicable certification.
7b.
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 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, it 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.).
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 must be completed by the party selling the aluminum foil that was manufactured in Korea 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.
Importers should report those AD/CVD type entries using the following third-country case numbers:
A-580-053 / C-580-054.
Other third-country case numbers may be established following the process described above.
The importer should pay cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties.
7c.
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 the product covered by the inquiry entered, or withdrawn from warehouse, for consumption on or after 07/18/2022, CBP shall suspend liquidation of all such entries as subject to the AD and CVD orders, and shall require the importer to post applicable AD and CVD cash deposits.
Such suspended entries will be liquidated pursuant to applicable administrative reviews of the aluminum foil from China AD and CVD orders or through the automatic liquidation process.
7d.
For all aluminum foil from Korea that was entered, or withdrawn from warehouse, for consumption during the period 07/18/2022 through 03/28/2023, where the entry has not been liquidated (and entries for which liquidation has not become final), the relevant certification should be completed and signed as soon as practicable, but not later than 07/20/2023.
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 not later than 07/20/2023.
For unliquidated entries (and entries for which liquidation has not become final) of aluminum foil 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 07/18/2022 through 03/28/2023, 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 following third-country case numbers:
A-580-053 / C-580-054.
Other third-country case numbers may be established following the process described above.
The importer should pay cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties.
8.
Certifications:
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 aluminum foil completed in {COUNTRY} that entered under the entry summary number(s), identified below, and are covered by this certification.
"Direct personal knowledge" refers to the facts the certifying party is expected to have in its own records.
For example, the importer should have direct personal knowledge of the exporter's and/or 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 aluminum foil covered by this certification was imported by {NAME OF IMPORTING COMPANY} on behalf of {NAME 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 aluminum foil 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 the inputs used to produce the imported products).
F. The importer certifies that the aluminum foil produced in {COUNTRY} that is covered by this certification was not manufactured using aluminum foil and/or sheet produced in China, regardless of whether sourced directly from a Chinese producer or from a downstream supplier.
G. The aluminum foil covered by this certification is not covered by the antidumping duty or countervailing duty orders on certain aluminum foil from the People's Republic of China.
H. 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 #:
Producer:
Producer's Address:
I. I understand that {NAME OF 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, product specification sheets, production records, 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 United States courts regarding such entries.
J. I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter's certification (attesting to information regarding 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.
K. I understand that {NAME OF 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 the request of either agency.
L. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce.
M. I understand that failure to maintain the required certifications 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 entries of merchandise that is covered by the scope of the antidumping and countervailing duty orders on aluminum foil from China.
I understand that such a 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.
N. I understand that agents of the importer, such as brokers, are not permitted to make this certification.
O. 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 not later than 07/20/2023.
P. I am aware that U.S. law (including, but not limited to, 18 U.S.C. section 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
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 EXPORTING COMPANY}, located at {ADDRESS OF EXPORTING COMPANY}.
B. I have direct personal knowledge of the facts regarding the production and exportation of the aluminum foil 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 aluminum foil 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 seller certifies that the aluminum foil produced in {COUNTRY} that is covered by this certification was not manufactured using aluminum foil and/or sheet produced in China, regardless of whether sourced directly from a Chinese producer or from a downstream supplier.
E. The aluminum foil covered by this certification is not covered by the antidumping duty or countervailing duty orders on certain aluminum foil from the People's Republic of China.
F. 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 the Foreign Seller: (if the foreign seller and the producer are the same party, report "NA" here)
G. I understand that {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, product specification sheets, customer specification sheets, production records, 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 United States courts regarding such entries.
H. I understand that {EXPORTING COMPANY}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 the 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 sales of merchandise that is covered by the scope of the antidumping and countervailing duty orders on aluminum foil from China.
I understand that such a 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 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.
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 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 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, not later than 07/20/2023.
M. I am aware that U.S. law (including, but not limited to, 18 U.S.C. section 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
9.
In accordance with 19 CFR 351.226(l)(5), 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.
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 O-VI:
MF.)
11. There are no restrictions on the release of this information.
Alexander Amdur