Message body
Full text as published by U.S. Customs and Border Protection
1.
On 07/10/2024, Commerce issued a final scope ruling that Scenarios 1, 2, and 3 merchandise are covered by the scope of the antidumping and countervailing duty orders on wooden cabinets and vanities and components thereof (wooden cabinets) from People's Republic of China (A-570-106; C-570-107) when exported from Malaysia.
The following explanations describe the three scenarios found to be subject merchandise:
Scenario 1:
finished wooden doors, drawer fronts, and frames produced in China are combined in Malaysia with wooden cabinet and vanity boxes and drawers produced in Malaysia.
Scenario 2:
semifinished wooden doors, drawer fronts, and frames produced in China are further processed in Malaysia (by, for example trimming, cutting, notching, punching, drilling, painting, staining, or other finishing processes), and combined in Malaysia with wooden cabinet and vanity boxes and drawers produced in Malaysia.
Scenario 3:
semifinished parts of wooden cabinet and vanity doors, drawer fronts, and frames (including the rails, stiles, and panels) produced in China are further processed in Malaysia (by, for example trimming, cutting, notching, punching, drilling, painting, staining, or other finishing processes, including the assembly of the parts to produce fully finished wooden cabinet doors, drawer fronts, and frames) and combined in Malaysia with wooden cabinet and vanity boxes and drawers produced in Malaysia.
2.
Specifically, Commerce determined that the Scenarios 1, 2 and 3, described in paragraph 1 above are covered by the scope of the orders because the imported products are not substantially transformed in Malaysia.
3.
This final scope ruling is applicable on a country-wide basis, regardless of foreign producer, exporter, or importer.
4. Suspension of Liquidation
4a.
Continue to suspend liquidation of entries of wooden cabinets and vanities and components thereof from the People's Republic of China, including Scenarios 1, 2, and 3 merchandise exported from Malaysia above, already subject to the suspension of liquidation under the antidumping and countervailing duty orders on wooden cabinets and vanities and components thereof from People's Republic of China at the cash deposit rates in effect on the date of entry in accordance with message 2153401, dated 06/02/2022.
For entries with a certification, see paragraph 7 below.
4b. For all entries of wooden cabinets and vanities and components thereof from the People's Republic of China, including Scenarios 1, 2, and 3 merchandise exported from Malaysia above covered by the ruling not already subject to the suspension of liquidation, CBP should suspend liquidation of:
(i) shipments entered, or withdrawn from warehouse, for consumption on or after 05/24/2022, and (ii) shipments entered, or withdrawn from warehouse, for consumption prior to the date of initiation of the scope inquiry but no earlier than November 4, 2021.
CBP shall require, for such entries, a cash deposit at the applicable rates in effect on the date of entry.
For entries with a certification, see paragraph 7 below.
Commerce established third-country case numbers to allow wooden cabinets completed in Malaysia under scenarios 1, 2, and 3 to be properly reported as subject to the orders on wooden cabinets from China (A-557-106 and C-557-107) upon entry.
Third Country:
Malaysia
Case Number:
A-557-106
Producer and/or Exporter:
All Others
Case Number:
A-557-106-000
Cash Deposit Rate:
251.64%
Third Country:
Malaysia
Case Number:
C-557-107
Producer and/or Exporter:
All Others
Case Number:
C-557-107-000
Cash Deposit Rate:
20.93%
5.
Entries of products covered by paragraph 4 should not be liquidated until specific liquidation instructions are issued.
6.
In accordance with 19 CFR 351.225(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.
7. If an importer imports wooden cabinets from Malaysia and claims that it was manufactured by a method other than that described in scenarios 1, 2 or 3, then the importer and exporter are required to meet the certification and documentation requirements described below.
For entries accompanied by a certification, no suspension of liquidation or cash deposits are required.
7a. Eligibility for Certification
All importers and exporters are eligible to certification process described below.
7b. Certification Requirements for Importers and Exporters
(i) All Malaysian companies are eligible to participate in the scope certification process.
(ii) 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.
Except for 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, the importer should obtain the entry summary number from the broker.
Agents of the importer, such as brokers, however, are not permitted to certify on behalf of the importer.
(iii) 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.)
Except for the entries described below, the exporter certification must be completed, signed, and dated by the time of shipment of the relevant entries.
The exporter certification should be completed by the party selling wooden cabinets assembled in Malaysia to the United States.
Note: For merchandise shipped within 45 days of 07/17/2024, the certification requirements should be met as soon as practicable, but no later than 8/31/2024.
Note: a corrected publication of the Federal Register Notice to include this language will be forthcoming.
(iv) 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.
(v) For all wooden cabinets entered, or withdrawn from warehouse, for consumption during the period November 4, 2021, (the effective date of the regulations pursuant to 19 CFR 351.225(l)(2)), through the date of publication of the Federal Register notice, where an entry has not been liquidated (and for entries for which liquidation has not become final), the relevant certifications should be completed and signed as soon as practicable, but not later than 90 days after the date of publication of this notice in the Federal Register.
It is not necessary to file certifications in the DIS for entries from this period that have already been liquidated.
For entries from this period, 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 with sufficient time for the importer to meet the 90-day deadline.
Importers must file a Post Summary Correction with CBP, in accordance with CBP's regulations, to upload certifications for applicable unliquidated entries.
(vi) For unliquidated entries (and entries for which liquidation has not become final) of wooden cabinets from China 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 November 4, 2021 (the effective date of the regulations pursuant to 19 CFR 351.225(l)(2)), through the date of publication of the Federal Register notice, 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 third country case number A-557-106 and C-557-107 for entries from Malaysia.
The importer should pay cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties.
(vii) If it is determined that an importer and/or exporter has not met the certification and/or related documentation requirements for certain entries, Commerce intends to instruct CBP to suspend, pursuant to this final affirmative country-wide scope determination and the Orders, all unliquidated entries for which these requirements were not met and to require the importer to post applicable cash deposits equal to the rates noted above.
8. Certifications
8a. IMPORTER CERTIFICATION
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 wooden cabinets and vanities and components thereof (wooden cabinets) completed in Malaysia 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 wooden cabinets, 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 wooden cabinets 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 wooden cabinets covered by this certification were 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. This certification applies to the following entries (repeat this block as many times as necessary for each entry, to identify all the producers of wooden cabinet components and wooden component parts used to produce each wooden cabinet):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer's Name:
Producer's Address:
Country of Origin of Wooden Cabinet Components or Wooden Cabinet Component Parts:
G. The wooden cabinets covered by this certification do not contain wooden cabinet components started in the People's Republic of China (China), completed in Malaysia, produced according to production Scenario 1, 2, or 3, and exported to the United States.
Scenario 1:
finished wooden doors, drawer fronts, and frames produced in China are combined in Malaysia with wooden cabinet and vanity boxes and drawers produced in Malaysia;
Scenario 2:
semifinished wooden doors, drawer fronts, and frames produced in China are further processed in Malaysia (by, for example trimming, cutting, notching, punching, drilling, painting, staining, or other finishing processes), and combined in Malaysia with wooden cabinet and vanity boxes and drawers produced in Malaysia;
Scenario 3:
semifinished parts of wooden cabinet and vanity doors, drawer fronts, and frames (including the rails, stiles, and panels) produced in China are further processed in Malaysia (by, for example trimming, cutting, notching, punching, drilling, painting, staining, or other finishing processes, including the assembly of the parts to produce fully finished wooden cabinet doors, drawer fronts, and frames) and combined in Malaysia with wooden cabinet and vanity boxes and drawers produced in Malaysia.
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, bills of materials, productions records in China and Malaysia, descriptions of processes completed in China and Malaysia, 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 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 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 {IMPORTING COMPANY} is required to submit a copy of the importer and exporter certifications as part of the entry summary by uploading them into the document imaging system in ACE, and 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) and countervailing duty
(CVD) orders on wooden cabinets from China.
I understand that such finding:
(i) will result in the suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met;
(ii) will result in the importer being required to post the AD and CVD cash deposits determined by Commerce; and
(iii) may also result in 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.
N. This certification was completed by the time of filing the entry summary or within 45 days of the date of publication of this notice in the Federal Register.
O. 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}
8b. 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 wooden cabinets and vanities and components thereof (wooden cabinets) 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 wooden cabinets covered by this certification were 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 wooden cabinets covered by this certification do not contain wooden cabinet components, produced according to Scenarios 1, 2 or 3, started in the People's Republic of China (China), completed in Malaysia, and exported to the United States, regardless of whether sourced directly from a producer in China or from a downstream seller.
Scenario 1:
finished wooden doors, drawer fronts, and frames produced in China are combined in Malaysia with wooden cabinet and vanity boxes and drawers produced in Malaysia;
Scenario 2:
semifinished wooden doors, drawer fronts, and frames produced in China are further processed in Malaysia (by, for example trimming, cutting, notching, punching, drilling, painting, staining, or other finishing processes), and combined in Malaysia with wooden cabinet and vanity boxes and drawers produced in Malaysia;
Scenario 3:
semifinished parts of wooden cabinet and vanity doors, drawer fronts, and frames (including the rails, stiles, and panels) produced in China are further processed in Malaysia (by, for example trimming, cutting, notching, punching, drilling, painting, staining, or other finishing processes, including the assembly of the parts to produce fully finished wooden cabinet doors, drawer fronts, and frames) and combined in Malaysia with wooden cabinet and vanity boxes and drawers produced in Malaysia.
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's Name:
Producer's Address:
Producer's Invoice # to Foreign Seller:
Name of Producer(s) of Wooden Cabinets, Wooden Cabinet Components, and Wooden Cabinet Component Parts:
Producers' Addresses Including Country:
F. 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, bills of materials, productions records, descriptions of processes completed in China and Malaysia, 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.
G. 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.
H. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce.
I. 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 and countervailing duty orders on wooden cabinets from China.
I understand that such a finding:
(i) will result in suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met;
(ii) will result in the importer being required to post the AD and CVD cash deposits determined by Commerce; and
(iii) may also result in the seller/exporter no longer being allowed to participate in the certification process.
J. I understand that agents of the seller/exporter, such as freight forwarding companies or brokers, are not permitted to make this certification.
K. This certification was completed at the time of shipment or within 45 days of the date of publication of this notice in the Federal Register.
L. 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}
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 OI:MR.)
10. There are no restrictions on the release of this information.
Alexander Amdur