Message body
Full text as published by U.S. Customs and Border Protection
1. This is a correction to message 5044408, dated 02/13/2025, to correct paragraphs 5a., 5b., 5c., 5d., and the header of that message.
2. Paragraphs 5a., 5b., 5c., and 5d., of message 5044408 incorrectly references aluminum wire and cable products that are assembled or completed in Vietnam using Chinese origin aluminum wire and cable inputs.
This correction message removes the references to those products.
The header of message 5044408 has been corrected to reference third-country case numbers
A-552-095 and C-552-096 for Vietnam instead of A-580-095 and C-580-096 for the Republic of Korea.
Below is the fully corrected message.
3.
On 01/27/2025, Commerce issued a final circumvention determination that aluminum wire and cable assembled or completed in Vietnam using Chinese origin aluminum wire and cable inputs (i.e., aluminum wire rod, aluminum wire strand, or aluminum wire) that is subsequently exported from Vietnam to the United States (products covered by the determination) is circumventing the antidumping and countervailing duty orders on aluminum wire and cable from China
See 90 FR 8196.
4.
Specifically, Commerce determined that the products covered by the determination are covered by the scope of the AD and CVD orders on aluminum wire and cable from China based on the totality of the circumstances with respect to the criteria pursuant to section 781(b) of the Tariff Act of 1930, as amended.
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 the products covered by the determination that are already subject to the suspension of liquidation under the antidumping and/or countervailing duty orders on aluminum wire and cable from China (A-570-095, AD / C-570-096, CVD) at the cash deposit rates in effect on the date of entry in accordance with message 3299401, dated 10/26/2023 (initiation message).
6b. For all entries of the products covered by the determination not already subject to the suspension of liquidation, CBP should suspend liquidation of shipments entered, or withdrawn from warehouse, for consumption on or after 10/19/2023 (date of publication of the notice of initiation of the AD and CVD circumvention inquiries).
CBP shall require, for such entries, a cash deposit at the applicable rates in effect on the date of entry.
Commerce established third-country case numbers to allow aluminum wire and cable completed/assembled in Vietnam to be properly reported as subject to the antidumping and countervailing duty orders on aluminum wire and cable from China (A-570-095, C-570-096) upon entry:
Third Country:
Vietnam
Case Numbers:
A-552-095 and C-552-096
Exporter:
Country-Wide
Case Number:
A-552-095-000
Cash Deposit Rate: 52.79%
Producer and/or Exporter:
All Others
Case Number: C-552-096-000
Cash Deposit Rate:
33.44%
The third country AD/CVD case numbers above have been assigned for CBP purposes.
6c.
Entries of products covered by subparagraphs 6a and 6b should not be liquidated until specific liquidation instructions are issued.
7. Certification Requirements
7a. Eligibility for Certification:
Importers and exporters of aluminum wire and cable
exported from Vietnam to the United States are eligible for the certification process detailed below and in the Final Determination (90 FR 8196, 01/27/2025), except for merchandise produced and/or exported by the company noted in paragraph 7b., below.
7b.
Entries of aluminum wire and cable
exported from Vietnam to the United States produced and/or exported by Tanghenam Electric Wire and Cable Co., Ltd. are not currently eligible to participate in the certification program established for exports of this merchandise.
7c.
Certification Requirements:
For entries aluminum wire and cable exported from Vietnam to the United States, or withdrawn from warehouse, for consumption on or after 10/19/2023, 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.
7d.
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 aluminum wire and cable exported from Vietnam to the United States entered, or withdrawn from warehouse, for consumption on or after 10/19/2023, CBP shall suspend liquidation of all such entries as subject to the AD and/or CVD orders, and shall require the importer to post applicable AD and/or CVD cash deposits.
Such suspended entries will be liquidated pursuant to applicable administrative reviews of the aluminum and wire and cable from China AD/CVD orders or through the automatic liquidation process.
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 wire and cable (AWC) assembled or completed in {Vietnam} that 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 AWC, 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 AWC 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 AWC 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 (i.e., aluminum wire rod, aluminum wire strand, or aluminum wire) used to produce the imported AWC).
(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 AWC covered by this certification does not contain aluminum wire rod, aluminum
wire strand, or aluminum wire produced in the People's Republic of China.
(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 and countervailing duty orders on AWC 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 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.
I understand that agents of the importer, such as brokers, are not permitted to make this Certification.
(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. 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}
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 aluminum wire and cable (AWC) 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 AWC 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 THE MERCHANDISE WAS SHIPPED}.
(D) The AWC covered by this certification does not contain aluminum wire rod, aluminum wire strand, or aluminum wire produced in the People's Republic of China.
(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 AWC:
Location (Country) of Producer of AWC:
(F) The AWC 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 and countervailing duty order on AWC 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 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.
(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}
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 OVII:GHC.)
11.
There are no restrictions on the release of this information.
Alexander Amdur