Message body
Full text as published by U.S. Customs and Border Protection
Re:
Preliminary determination of circumvention - antidumping/countervailing orders seamless oil country tubular goods from the People's Republic of China (Commerce Case Numbers A-570-943, C-570-944; CBP 3rd Country Case Numbers A-549-991, C-549-992)
1. On 08/19/2025, Commerce issued a preliminary determination that seamless oil country tubular goods (OCTG) completed in Thailand using steel billets produced in the People's Republic of China (China) are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on seamless OCTG from China (A-570-943, C-570-944).
See 90 FR 40336.
2.
Specifically, Commerce preliminarily determined that seamless OCTG finished in Thailand using steel billets produced in China, and subsequently exported from Thailand to the United States is covered by the scope of the order based on the totality of the circumstances with respect to the criteria described in section 781(b) of the Tariff Act of 1930, as amended.
Seamless OCTG completed in Thailand from steel billets that are not of Chinese origin is not subject and cash deposits are not required for such merchandise under the seamless OCTG AD/CVD orders on China.
3.
This preliminary 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 seamless OCTG completed in Thailand using steel billets produced in China that are already subject to the suspension of liquidation under the antidumping duty/countervailing duty orders on seamless OCTG from China, in accordance with message 4358410, dated 12/23/2024.
4b.
For all entries of seamless OCTG completed in Thailand using steel billets produced in China not already subject to the suspension of liquidation, CBP shall suspend liquidation of shipments entered, or withdrawn from warehouse, for consumption on or after 12/18/2024.
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 seamless OCTG completed in Thailand using steel billets produced in China to be properly reported as subject to the order on seamless OCTG from China upon entry.
Third Country: Thailand
Case Number: A-549-991
Producer and/or Exporter: All Others
Case Number: A-549-991-000
Cash Deposit Rate: 99.14%
Third Country: Thailand
Case Number: C-549-992
Producer and/or Exporter: All Others
Case Number: C-549-992-000
Cash Deposit Rate: 13.41%
The third country AD/CVD case number(s) above have been assigned for CBP purposes.
4c. Entries of products covered by subparagraphs 4a and 4b should not be liquidated until specific liquidation instructions are issued. Any entries which are set for liquidation must be unset immediately.
5. Certification
5a. Certification Eligibility
All importers and exporters of seamless OCTG from China are eligible to participate in the certification process detailed below and in the preliminary determination (90 FR 40336, 08/19/2025).
5b. Certification Requirements
Importers and exporters that claim that the entry of seamless OCTG is not subject to suspension of liquidation or the collection of cash deposits because the merchandise is not made with Chinese-origin steel billets or is made with an input other than steel billets must complete the applicable certification and meet the certification and documentation requirements described below, as well as the requirements identified in the applicable certification.
The importer, or the importer's agent, must submit the importer's certification, the exporter's certification, the steel mill certificate for the seamless OCTG, and the steel mill certificate for the steel input used to produce the seamless OCTG (e.g., steel billet), to CBP at the time of entry by uploading these documents into the document imaging system (DIS) in ACE. The steel mill certificates must identify the country of melt and pour.
5c. Certification Timing and Format
For all seamless OCTG from Thailand that was entered, or withdrawn from warehouse, for consumption during the period 12/18/2024, through 09/03/2025, where the entry has not been liquidated (and entries for which liquidation has not become final), the importer and exporter certifications should be completed and signed as soon as practicable, but not later than 10/03/2025.
The importer/exporter certifications, the steel mill certificate for the seamless OCTG, and the steel mill certificate for the steel input used to produce seamless OCTG (e.g., steel billet) should be uploaded to the DIS in ACE as soon as practicable, but not later than 10/03/2025.
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.
For all seamless OCTG from Thailand that was entered, or withdrawn from warehouse, on or after 09/04/2025, the importer, or the importer's agent, must submit the importer's certification, the exporter's certification, the steel mill certificate for the seamless OCTG, and the steel mill certificate for the steel input used to produce seamless OCTG (e.g. steel billet), to CBP at the time of entry summary by uploading these documents into the document imaging system in ACE.
Agents of the importer, such as brokers, are not permitted to certify on behalf of the importer.
Importers shall identify certified entries by using importers' additional declaration (record 54) AD/CVD Certification Designation (type code 06) when filing entry summary.
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 the seamless OCTG that was manufactured in Thailand to the United States.
5d. If CBP determines that the certification and/or documentation requirements have not been met (i.e., CBP determines the certification and/or documentation is deficient or otherwise unacceptable), for all entries of seamless OCTG completed in Thailand using steel billets produced in China entered, or withdrawn from warehouse, for consumption on or after 12/18/2024, CBP shall suspend liquidation of all such entries as subject to the AD/CVD orders, and shall require the importer to post applicable AD/CVD cash deposits.
Such suspended entries will be liquidated pursuant to applicable administrative reviews of the seamless OCTG from China AD/CVD orders or through the automatic liquidation process.
6.
Importer/Exporter Certifications
IMPORTER CERTIFICATION
I hereby certify that:
A. My name is {IMPORTING COMPANY OFFICIAL'S NAME} and I am an official 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 seamless oil country tubular goods (OCTG) produced in Thailand 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 seamless OCTG, 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 seamless OCTG 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 seamless OCTG 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 steel billets or other inputs used to produce the imported seamless OCTG);
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 #:
Seamless OCTG Producer:
Seamless OCTG Producer's Address:
Name of producer of steel input (e.g., billets):
Address of Producer of steel input (e.g. billets):
Country of Origin of steel input (e.g. billets):
G. The seamless OCTG covered by this certification is not produced using steel billets produced in 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 submit a copy of the importer and exporter certifications, the steel mill certificate for seamless OCTG, and the steel mill certificate for the steel input used to produce the seamless OCTG (e.g., steel billet) at the time of entry summary by uploading these documents into the Document Imaging System in the Automated Commercial Environment, and to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with the importer certification, a copy of the exporter's certification, and any supporting documentation provided to the importer by the exporter, upon request of either agency.
Consistent with CBP's procedures, importers shall identify certified entries by using importers' additional declaration (record 54) AD/CVD Certification Designation (type code 06) when filing entry summary.
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 entries of seamless OCTG from Thailand are accompanied by deficient certifications may be subject to antidumping and/or countervailing duties.
M. 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 seamless OCTG 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 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;
This certification was completed and signed on, or prior to, the date of the entry summary if the entry date after September 3, 2025.
If the entry date is on or before September 3, 2025, this certification was completed, signed and uploaded to CBP's ACE DIS by no later than October 3, 2025.
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}
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 seamless oil country tubular goods (OCTG) and the steel input to the seamless OCTG 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 seamless 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 seamless OCTG covered by this certification is not produced using steel billets produced in produced 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 #:
Seamless OCTG Producer Name:
Seamless OCTG 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 steel input (e.g. billets):
Address of Producer of steel input (e.g., billets):
Country of Origin of steel input (e.g. billets):
F. The seamless OCTG 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, the steel mill certificate for the seamless OCTG, and the steel mill certificate for the steel input used to produce the seamless OCTG (e.g., steel billet), 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 and countervailing duty orders on seamless OCTG 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 antidumping duty 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 September 3, 2025.
If the shipment date is on or before September 3, 2025, this certification was completed and signed, and a copy of the certification was provided to the importer, by no later than October 3, 2025; and
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}
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 E&C's Office of Policy: WS.)
9.
There are no restrictions on the release of this information.
Alexander Amdur