Message body
Full text as published by U.S. Customs and Border Protection
1.
This is a correction to message 3215402, dated 08/03/2023, to correct paragraphs 6a.M. and 6b.I.
of that message.
2.
Paragraphs 6a.M and 6b.I (now 8a.M and 8b.I respectively) of message 3215402 contain incorrect information about the deadlines for importers and exporters to submit certifications for certain unliquidated entries of hardwood plywood. Below is the fully corrected message.
3.
On 07/20/2023, Commerce published in the Federal Register a final circumvention determination that 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 are circumventing the antidumping and countervailing duty orders on certain hardwood plywood products and veneered panels (hardwood plywood) from the People's Republic of China (China) (A-570-051, C-570-052) (07/20/2023, 88 FR 46740).
Specifically, inquiry merchandise is 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).
On 07/20/2023, concurrently with this circumvention determination, Commerce issued a final scope ruling that hardwood plywood assembled in Vietnam under production scenarios 1-3 identified above, and exported to the United States, is not covered by the scope of the AD and CVD orders on hardwood plywood from China and is, instead, circumventing the AD and CVD orders on hardwood plywood from China.
Because the final circumvention determination now covers these three scenarios, in addition to scenarios 4-5, merchandise produced under any of the five production scenarios identified above should remain suspended.
In addition, merchandise NOT produced under these five production scenarios should also remain suspended if certifications are not provided.
4.
In the final circumvention determination, Commerce determined that inquiry merchandise is
covered by the scope of the AD and CVD orders on certain hardwood plywood products from China because hardwood plywood from China is undergoing minor assembly or finishing in Vietnam prior to exportation to the United States.
5.
This final circumvention determination is applicable on a country-wide basis, regardless of foreign producer, exporter, or importer.
6a.
Continue to suspend liquidation of entries of inquiry merchandise already subject to the
suspension of liquidation under the antidumping and countervailing duty orders on hardwood plywood from China at the cash deposit rate(s) in effect on the date of entry in accordance with messages 2220409, 2255409, and 2335408 (CIRC) dated 08/08/2022, 09/12/2022, and 12/01/2022, respectively, and 2220401, 2255410, and 2335409 (SCO) dated 08/08/2022, 09/12/2022, and 12/01/2022, respectively.
6b.
For all entries of inquiry merchandise not already subject to the suspension of liquidation, CBP should suspend liquidation of shipments entered, or withdrawn from warehouse, for consumption on or after 06/17/2020 (date of publication of the notice of initiation of the circumvention inquiry). CBP shall require, for such entries, a cash deposit at the applicable rate(s) in effect on the date of entry.
6c.
Entries of products covered by subparagraph(s) 6a and 6b should not be liquidated until specific liquidation instructions are issued.
7.
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.
7a.
Eligibility for Certification
7a.(i) Except for the companies listed in paragraph 7a(ii), importers and exporters of hardwood
plywood from Vietnam are eligible for the certification process detailed below and in the Final
Determination (88 FR 46740).
7a.(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.
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
Cam Lam Joint Stock Company
Dong Tam Production Trading Company Limited
Eagle Industries Company Limited
Golden Bridge Industries Pte. Ltd.
Govina Investment Joint Stock Company
Greatriver Wood Co., Ltd.
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
TL Trung Viet Company Limited
Truong Son North Construction JSC
Vietind Co. Ltd.
Vietnam Golden Timber Company Limited
VVAT Company Limited
Win Faith Trading
Zhongjia Wood Company Limited
Note to CBP: Commerce made certain changes to the list of ineligible companies.
The following companies are now eligible to participate in the certification program:
An An Plywood Joint Stock Company
Greatwood Company Limited
Greatwood Hung Yen Joint Stock Company
The following companies are now ineligible to participate in the certification program:
Cam Lam Joint Stock Company
TL Trung Viet Company Limited
VVAT Company Limited
Zhongjia Wood Company Limited
Entries from these ineligible companies should remain suspended until further instructions from
Commerce. Any entries made by these ineligible companies that were accompanied by certifications should be converted to Type 03 entries and should remain suspended until further instructions from Commerce.
7b.
Certification Requirements for Importers and Exporters
7b.(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 1 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.
7b.(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.
7b.(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.
7b.(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.
7b.(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.
7b.(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.
7b.(vii) The claims made in the importer and exporter certifications and any supporting documentation are subject to verification by Commerce and/or CBP.
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 inquiry merchandise entered, or withdrawn from warehouse, for consumption on or after 06/17/2020, 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.
7d.
Certification Timing and Format Requirements
7d.(i) For hardwood plywood (1) shipped and/or (2) entered, or withdrawn from warehouse, for
consumption during the period 06/17/2020 through 08/28/2022 (from the date of initiation of these inquiries through 30 days after the Preliminary Determination was published) 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 08/13/2023 (within 30 days of signing of the Final Determination).
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 08/28/2022, thirty days after Commerce published notice of its preliminary scope and circumvention findings in the Federal Register.
This certification was completed on mm/dd/yyyy, within 30 days of the signature date of the Final Determination."
Similarly, exporters should complete the language in paragraph E in the exporter certification that reads:
"The shipments/products referenced herein shipped before 08/28/2022, thirty days after Commerce published notice of its preliminary scope and anti-circumvention findings in the Federal Register.
This certification was completed on mm/dd/yyyy, within 30 days of the signature date of the Final Determination."
Additionally, the exporter must provide the importer a copy of the exporter certification and supporting documents by 8/13/2023.
7d.(ii) For subject merchandise (1) shipped and/or (2) entered, or withdrawn from warehouse, for
consumption on or after 08/28/2022, 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 by 07/20/2023 that was previously ineligible for certification and that is now eligible for certification as a result of the Final Determination, the certification requirements should be met as soon as practicable, but no later than 8/13/2023, 30 days after the signature date of the Final Determination.
7d.(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
08/28/2022, 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.
8.
Certifications
8a.
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 30 days of the date on which the final circumvention determination was signed, or no later than 8/13/2023;
(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}
8b. 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.
(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 30 days of the date on which the final circumvention determination was signed, or no later than 8/13/2023.
(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}
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 OV: RJ.)
11. There are no restrictions on the release of this information.
Alexander Amdur