Final determination of circumvention - antidumping/countervailing duty orders on alloy and carbon steel threaded rod from the People's Republic of China (A-570-104; C-570-105)

1. On 08/27/2024, Commerce published a final circumvention determination that imports of unthreaded pins of alloy steel from the People's Republic of China are circumventing the antidumping and countervailing duty orders on alloy and carbon steel threaded rod from the People's Republic of China (A-570-104; C-570-105). See 89 FR 68586. 2. Specifically, Commerce determined that imports of unthreaded pins of alloy steel from China which are further processed into alloy steel threaded rod in the United States are covered by the scope of the antidumping and countervailing duty orders on alloy and carbon steel threaded rod from the People's Republic of China (A-570-104; C-570-105) based on the totality of circumstances, including: (i) the products sold in the United States are of the same class or kind of merchandise subject to the orders on alloy and carbon steel threaded rod from China; (ii) the products being sold in the United States are completed or assembled in the United States from parts or components produced in China; (iii) the process of assembly or completion in the United States is minor or insignificant; and (iv) the value of unthreaded pins produced in China is a significant portion of the total value of the merchandise further processed in the United States. 3. This final circumvention determination 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 unthreaded pins of alloy steel from China already subject to the suspension of liquidation under the antidumping/countervailing duty orders on alloy and carbon steel threaded rod from China at the cash deposit rate(s) in effect on the date of entry in accordance with messages 3198412 and 3198413, dated 07/17/2023 (initiation messages), and message 4081415, dated 03/21/2024 (affirmative preliminary circumvention determination message). 4b. For all entries of unthreaded pins of alloy steel from China not already subject to the suspension of liquidation, CBP should suspend liquidation of shipments entered, or withdrawn from warehouse, for consumption on or after 07/12/2023 (date of publication of the notice of initiation of the circumvention inquiries). CBP shall require, for such entries, a cash deposit at the applicable rate(s) in effect on the date of entry. 4c. Entries of products covered by subparagraph(s) 4a and 4b should not be liquidated until specific liquidation instructions are issued. 5. Certification requirements 5a. Eligibility for Certification All importers of unthreaded pins of alloy steel from China are eligible for the certification process detailed below and in the Final Determination (89 FR 68586, 08/27/2024), except for merchandise produced and/or exported by the companies noted in paragraph 5c, below. 5b. Certification Requirements For entries of the products covered by the inquiries entered, or withdrawn from warehouse, for consumption on or after 07/12/2023 which the importer claims will not be further processed into subject alloy steel threaded rod in the United States, the importer is 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. 5c. Ineligible Chinese Suppliers Entries of unthreaded pins of alloy steel from China produced and/or exported by either of the following companies are ineligible for certification. Company: Ningbo Zhenghai Yongding Fastener Co., Ltd. Company: Ningbo Ningding Import & Export Co. Ltd. Entries may have been made under A-570-104-000, A-570-104-007; A-570-104-019; C-570-105-000, or other company-specific case numbers. 5d. 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 unthreaded pins of alloy steel from China entered, or withdrawn from warehouse, for consumption on or after 07/12/2023, CBP shall suspend liquidation of all such entries as subject to the antidumping/countervailing orders, and shall require the importer to post applicable antidumping/countervailing cash deposits. Such suspended entries will be liquidated pursuant to applicable administrative reviews of the antidumping/countervailing duty orders on alloy and carbon steel threaded rod from China or through the automatic liquidation process. 5e. Certification Timing and Format Requirements For all unthreaded pins of alloy steel from China that were entered, or withdrawn from warehouse, for consumption during the period July 12, 2023 (i.e., the date of publication of the Initiation Notice), through March 14, 2024, the date of publication of the preliminary determination in the Federal Register, where the entry has not been liquidated (and for entries for which liquidation has not become final), the relevant certification should already be complete and signed. For unliquidated entries (and entries for which liquidation has not become final) of unthreaded pins of alloy steel from China that were declared as non-antidumping duty/countervailing duty type entries ( e.g., type 01) and entered, or withdrawn from warehouse, for consumption in the United States during the period July 12, 2023 (i.e., the date of publication of the Initiation Notice) through March 14, 2024, the date of publication of the preliminary determination in the Federal Register, for which no importer certification 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-antidumping duty/countervailing duty type entries to antidumping duty/countervailing duty type entries (e.g., type 01 to type 03). The importer should pay cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties, including antidumping duty/countervailing duties. For entries on or after 03/14/2024, 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 transmit the importer's certification to CBP as part of the entry process by uploading it 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. Additionally, the claims made in certifications and any supporting documentation are subject to verification by Commerce and/or CBP. Importers are required to maintain 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. 6. Certifications 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 unthreaded pins of alloy steel produced in China that entered under the entry summary number(s), identified below, and which are covered by this certification. Unthreaded pins of alloy steel are unthreaded rod, bar, or studs, having a solid, circular cross section of any diameter, in any length, and are non-headed. Unthreaded pins may enter unchamfered or with their ends already chamfered. Such pins may also be referenced as "pitch diameter stud blanks" or "blanks." "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 and producer) in its records. (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 unthreaded pins of alloy steel covered by this certification were 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 imported unthreaded pins of alloy steel covered by this certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS FIRST SHIPPED IN THE UNITED STATES}, located at {ADDRESS OF SHIPMENT}. (E) Select appropriate statement below: __ I have direct personal knowledge of the facts regarding the end use of the imported product because my company is the end user of the imported product covered by this certification and I certify that the unthreaded pins of alloy steel will not be used to produce subject merchandise. "Direct personal knowledge" includes information contained within my company's books and records. __ My company is not the end user of the imported product covered by this certification. However, I have personal knowledge of the facts regarding the end use of the imported products covered by this certification. I have been able to contact the end user of the imported product and confirm that it will not use this product to produce subject merchandise. The end user of the imported product is {COMPANY NAME} located at {ADDRESS}. "Personal knowledge" includes facts obtained from another party (e.g., correspondence received by the importer from the end-user of the product). (F) The imported unthreaded pins of alloy steel from China covered by this certification were not produced and/or exported by either Ningbo Zhenghai Yongding Fastener Co., Ltd. or Ningbo Ningding Import & Export Co. Ltd. (G) 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: (H) 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, mill certificates, 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. (I) I understand that {IMPORTING COMPANY} is required to submit a copy of the importer certification as part of the entry summary by uploading it into the document imaging system (DIS) 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, upon request of either agency. (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 certifications, 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 steel threaded rod 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 importer no longer being allowed to participate in the certification process. (L) I understand that agents of the importer, such as brokers, are not permitted to make this certification. Where a broker or other party was used to facilitate the entry process, {NAME OF IMPORTING COMPANY} obtained the entry summary number and date of entry summary from that party. (M) 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. section 1001) 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} 7. 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. 8. 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:RG) 9. There are no restrictions on the release of this information. Alexander Amdur