Message body
Full text as published by U.S. Customs and Border Protection
1.
On 06/21/2019, Commerce published in the Federal Register its notice of affirmative final determination of Malaysia-wide circumvention of the antidumping duty (AD) order on carbon steel butt-weld pipe fittings (butt-weld pipe fittings) from the People's Republic of China (China) (Final Determination) (84 FR 29164).
2.
Scope of the antidumping duty order
The merchandise covered by the order consists of certain carbon steel butt-weld pipe fittings, having an inside diameter of less than 14 inches, imported in either finished or unfinished form. These formed or forged pipe fittings are used to join sections in piping systems where conditions require permanent, welded connections, as distinguished from fittings based on other fastening methods (e.g., threaded, grooved, or bolted fittings).
Carbon steel butt-weld pipe fittings are currently classified under subheading 7307.93.30 of the HTSUS. The HTSUS subheading is provided for convenience and customs purposes.
The written product description remains dispositive.
3.
Scope of the anti-circumvention inquiry
This anti-circumvention inquiry covers butt-weld pipe fittings exported from Malaysia to the United States, which were completed in Malaysia using finished or unfinished butt-weld pipe fittings sourced from China.
Butt-weld pipe fittings produced in Malaysia using finished or unfinished butt-weld pipe fittings sourced from Malaysia or third countries other than China are not covered by the scope of this anti-circumvention inquiry.
4.
Continuation of Suspension of Liquidation
4a.
Case number A-557-994 has been created to accommodate entries of butt-weld pipe fittings produced in Malaysia from Chinese-origin finished or unfinished butt-weld pipe fittings that are subject to the AD order on butt-weld pipe fittings from China.
4b.
CBP shall continue to suspend liquidation of unliquidated entries (and entries for which liquidation has not become final) of butt-weld pipe fittings produced in Malaysia using Chinese-origin finished or unfinished butt-weld pipe fittings, that were entered, or withdrawn from warehouse, for consumption on or after 08/21/2017 (date of the initiation of the anticircumvention inquiry) under the all others, third-country case number A-557-994-000 and shall require for such entries an AD cash deposit equal to 182.90 percent of the entered value, unless paragraph 4c applies and an AD cash deposit rate equal to the company-specific separate rate of a Chinese manufacturer is appropriate.
This cash deposit requirement shall remain in effect until further notice.
4c.
If the importer/exporter can certify to CBP that the Chinese-origin finished or unfinished butt-weld pipe fittings used in the production of butt-weld pipe fittings in Malaysia were supplied by a Chinese manufacturer with a company-specific separate rate, the importer, producer or exporter may request establishment of a third-country case number specific to the Chinese supplier for such imports.
Such requests from an importer, producer or exporter should be filed on the record of the proceeding in E&C's electronic record system ACCESS.
CBP may also request establishment of a third-country company-specific case number.
Requests from CBP for establishment of company-specific third-country case numbers from CBP should be submitted through the ACE AD/CVD Portal Inquiry System.
For such imports, CBP shall suspend liquidation under the third-county case number specific to the Chinese supplier and require an AD cash deposit equal to that Chinese manufacturer's separate rate.
4d.
Further, if CBP determines that the certification and/or documentation requirements identified below have not been met for any unliquidated entries (and entries for which liquidation has not become final) of butt-weld pipe fittings entered, or withdrawn from warehouse, for consumption on or after 08/21/2017 and produced in Malaysia for which the importer claims that the merchandise was not produced from Chinese-origin finished or unfinished butt-weld pipe fittings, CBP shall suspend liquidation of all such unliquidated entries (and entries for which liquidation has not become final) as products of China for AD purposes, and shall require the importer to post applicable AD cash deposits.
Entries suspended under either A-570-814 or A-557-994 will be liquidated pursuant to applicable administrative reviews of the AD order on butt-weld pipe fittings from China or through the automatic liquidation process.
Do not liquidate any entries suspended under either A-570-814 or A-557-994 until specific liquidation instructions are issued.
Any such entries that are set for liquidation should be unset immediately.
5.
Certification Requirements
5a.
Eligibility for the Certification
(i)
Except for the companies listed in paragraph 5a(ii) and (iii), importers and exporters of butt-weld pipe fittings from Malaysia are eligible for the certification process detailed below and in the final determination.
(ii)
Imports of butt-weld pipe fittings from the companies listed below are currently not eligible for the certification process, accordingly, shipments of butt-weld pipe fittings from Malaysia produced and/or exported by these companies should enter under the all others, third-country case number A-557-994-000 and will require a cash deposit of 182.90 percent of the entered value, or, if applicable, a cash deposit at the rate of the Chinese manufacturer that supplied the finished or unfinished butt-weld pipe fittings:
Able Steel Pipes Sdn. Bhd.
Alliance Fittings Industry Sdn. Bhd.
Anggerik Laksana Sdn. Bhd.
Globefit Manufacturing Sdn. Bhd.
Hiap Teck Venture Bhd.
JAKS Steel Industries Sdn. Bhd.
Luda Malaysia, Ltd.
Pipefab Industries Sdn. Bhd.
Southern Steel Bhd.
Wing Tiek Ductile Iron Pipe Sdn. Bhd.
(iii)
Imports of butt-weld pipe fittings from Solidbend Fittings & Flanges Sdn. Bhd. are no longer eligible for the certification process, accordingly, CBP shall suspend liquidation of all unliquidated entries (and entries for which liquidation has not become final) of butt-weld pipe fittings from Malaysia produced and/or exported by Solidbend Fittings & Flanges Sdn. Bhd. as products of China for AD purposes under the all others, third-country case number A-557-994-000 and shall require a cash deposit of 182.90 percent of the entered value, or, if applicable, under a third-country case number established for its China supplier and require a cash deposit at the rate of the Chinese manufacturer that supplied the finished or unfinished butt-weld pipe fittings.
5b. Certification Requirements for Eligible Importers and Exporters:
(i)
For entries of butt-weld pipe fittings exported from Malaysia and entered, or withdrawn from warehouse, for consumption on or after 08/21/2017 for which the importer claims that the butt-weld pipe fittings were not produced from Chinese-origin finished or unfinished butt-weld pipe fittings, the importer and exporter are 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.
(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.
(iii) The importer and third-country exporter are also required to maintain sufficient documentation (as indicated in the certifications) supporting their certifications.
The importer and exporter are required to maintain the certifications 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.
(iv)
Although at this time the importer will not be required to submit the certifications or supporting documentation to CBP as part of the entry process, the importer and the exporter will be required to present the certifications and supporting documentation to Commerce and/or CBP, as applicable, upon request by the respective agency.
(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.
(vi)
The exporter certification should be completed by the party selling the merchandise manufactured in Malaysia to the United States, which is not necessarily the producer of the product.
(vii)
The claims made in the importer and exporter certifications and any supporting documentation are subject to verification by Commerce and/or CBP.
5c. Certification Timing Requirements for Importers and Exporters Other Than Pantech Steel Industries Sdn. Bhd (Pantech) and its Importers:
(i)
For Entries on or after 08/21/2017 through 07/25/2018
For entries suspended pursuant to the Preliminary Determination (see message number 8241306, dated 08/29/2018) and continue to be suspended pursuant to the final determination of this anti-circumvention inquiry that were shipped and/or entered, or withdrawn from warehouse, for consumption on or after 08/21/2017 (the date of initiation of this anti-circumvention inquiry) through 07/25/2018 (the date of publication of the Preliminary Determination in the Federal Register), for which certifications are required, the importer certification should have been completed, and the exporter certification should have been completed and provided to the importer, no later than 09/08/2018 (45 days after the date of publication of the Preliminary Determination in the Federal Register).
Accordingly, where appropriate, the relevant bullet in the certification should have been edited to reflect that the certification was completed within the time frame specified in the paragraph above.
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 shipments/products referenced herein entered before the 07/25/2018 publication of the Preliminary Determination Federal Register notice.
This certification was completed on mm/dd/yyyy, within 45 days of that Federal Register notice publication.”
Similarly, the bullet in the exporter certification that reads, “This certification was completed by the time of shipment,” could be edited as follows:
“The shipments/products referenced herein shipped before the 07/25/2018 publication of the Preliminary Determination Federal Register notice.
This certification was completed on mm/dd/yyyy, within 45 days of that Federal Register notice publication.”
For such entries/shipments, importers and exporters each have the option to complete a blanket certification covering multiple entries/shipments, individual certifications for each entry/shipment, or a combination thereof.
(ii)
For Entries on or after 07/26/2018 through 08/31/2018
For entries suspended pursuant to the Preliminary Determination (see message number 8241306, dated 08/29/2018) and continue to be suspended pursuant to the final determination of this anti-circumvention inquiry that were shipped and/or entered, or withdrawn from warehouse, for consumption on or after 07/26/2018 through 08/31/2018, for which certifications are required, the importer certification should have been completed within 45 days after the date of Entry Summary and the exporter certification should have been completed and provided to the importer within 45 days after the date of shipment.
Accordingly, where appropriate, the relevant bullet in the certification should have been edited to reflect that the certification was completed within the time frame specified in the paragraph above.
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 shipments/products referenced herein entered during the period 07/26/2018 through 08/31/2018.
This certification was completed on mm/dd/yyyy, within 45 days of the date of entry.”
Similarly, the bullet in the exporter certification that reads, “This certification was completed by the time of shipment,” could be edited as follows:
“The shipments/products referenced herein shipped during the period 07/26/2018 through 08/31/2018.
This certification was completed on mm/dd/yyyy, within 45 days of the date of shipment.”
For such entries/shipments, importers and exporters each have the option to complete a blanket certification covering multiple entries/shipments, individual certifications for each entry/shipment, or a combination thereof.
(iii)
For Entries on or after 09/01/2018 through 06/20/2019
For entries suspended pursuant to the Preliminary Determination and continue to be suspended pursuant to the final determination of this anti-circumvention inquiry that were shipped and/or entered, or withdrawn from warehouse, for consumption on or after 09/01/2018 through 06/20/2019 (the day prior to the date of publication of the final determination) for which certifications are required, the importer certification should have been completed by the date of Entry Summary and the exporter certification should have been completed and provided to the importer by the date of shipment.
(iv)
For Entries on or after 06/21/2019
For entries suspended pursuant to the Preliminary Determination (see message number 8241306, dated 08/29/2018) and continue to be suspended pursuant to the final determination of this anti-circumvention inquiry that were shipped and/or entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final determination in the Federal Register for which certifications are required, the importer certification should be completed by the date of Entry Summary and the exporter certification should be completed and provided to the importer by the date of shipment.
For such entries/shipments, the importers and exporters must use the updated certification forms in Sections 7a and 7b.
6.
Certification Timing Requirements for Pantech and Its Importers
6a.
For Entries on or after 08/21/2017 through 07/21/2019
For entries of butt-weld pipe fittings from Pantech suspended pursuant to the Preliminary Determination of this anti-circumvention inquiry that were shipped and/or entered, or withdrawn from warehouse, for consumption during the period, 08/21/2017 (the date of initiation of this anti-circumvention inquiry) through 07/21/2019 (the 30th day after the date of publication of the final determination), for which certifications are required, the importer certification should be completed, and exporter certification should be completed and provided to the importer, within 45 days of the date of publication of the final determination in the Federal Register.
Accordingly, where appropriate, the relevant bullet in the certification should be edited to reflect that the certification was completed within the time frame specified in the paragraph above.
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 shipments/products referenced herein entered during the period 08/21/2017 through the 30th day after the date of publication of the final determination in the Federal Register.
This certification was completed on mm/dd/yyyy, within 45 days of that Federal Register notice publication.”
Similarly, the bullet in the exporter certification that reads, “This certification was completed by the time of shipment,” could be edited as follows:
“The shipments/products referenced herein shipped during the period 08/21/2017 through the 30th day after the date of publication of the final determination in the Federal Register.
This certification was completed on mm/dd/yyyy, within 45 days of that Federal Register notice publication.”
For such entries/shipments, importers and exporters each have the option to complete a blanket certification covering multiple entries/shipments, individual certifications for each entry/shipment, or a combination thereof.
6b.
For Entries on or after 07/22/2019
For entries of butt-weld pipe fittings from Pantech that were shipped and/or entered, or withdrawn from warehouse, for consumption, on or after 07/22/2019 (the 31st day after the date of publication of the final determination), for which certifications are required, the importer certification should be completed by the date of Entry Summary and the exporter certification should be completed and provided to the importer by the date of shipment.
For such entries/shipments, the importers and exporters must use the updated certification forms in Sections 7a and 7b.
7.
Certifications
7a.
IMPORTER CERTIFICATION
I hereby certify that:
• My name is {COMPANY OFFICIAL'S NAME} and I am an official of {IMPORTING COMPANY};
• I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the carbon steel butt-weld pipe fittings completed in Malaysia that entered under entry number(s) {INSERT ENTRY NUMBER(S)} 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;
• 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 input used to produce the imported products);
• The carbon steel butt-weld pipe fittings completed in Malaysia do not contain finished or unfinished butt-weld pipe fittings manufactured in the People's Republic of China;
• 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, mill certificates, productions 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 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);
• 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), 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 understand that {IMPORTING COMPANY}is required to maintain and, upon request, provide a copy of the exporter's certification and supporting records to CBP and/or Commerce;
• I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce;
• I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in:
o suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and
o the requirement that the importer post applicable antidumping duty (AD) cash deposits (as appropriate) equal to the rates determined by Commerce;
• I understand that agents of the importer, such as brokers, are not permitted to make this certification;
• This certification was completed by the time of filing the Entry Summary; and
• I am aware that U.S. law (including, but not limited to, 18 U.S.C. §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
7b.
EXPORTER CERTIFICATION
I hereby certify that:
• My name is {COMPANY OFFICIAL'S NAME HERE} and I am an official of {NAME OF EXPORTING COMPANY};
• I have direct personal knowledge of the facts regarding the production and exportation of the carbon steel butt-weld pipe fittings 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.
• The carbon steel butt-weld pipe fittings completed in Malaysia do not contain finished or unfinished butt-weld pipe fittings manufactured in the People's Republic of China;
• 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, mill certificates, productions 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 understand that {NAME OF EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer by the time of shipment.
;
• I understand that {NAME OF EXPORTING COMPANY} is required to provide a copy of this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce);
• I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce;
• I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in:
o suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and
o the requirement that the importer post applicable antidumping duty (AD) cash deposits (as appropriate) equal to the rates as determined by Commerce;
• This certification was completed at or prior to the time of shipment; and
• I am aware that U.S. law (including, but not limited to, 18 U.S.C. §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.
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:SSP.)
8.
There are no restrictions on the release of this information.
Alexander Amdur