82 FR 58170 - Certain Corrosion-Resistant Steel Products From the People's Republic of China: Affirmative Preliminary Determination of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 236 (December 11, 2017)
International Trade Administration
Federal Register Volume 82, Issue 236 (December 11, 2017)
| Page Range | 58170-58172 | |
| FR Document | 2017-26606 |
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)] [Notices] [Pages 58170-58172] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26606] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-026, C-570-027] Certain Corrosion-Resistant Steel Products From the People's Republic of China: Affirmative Preliminary Determination of Anti- Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that imports of certain corrosion-resistant steel products (CORE), produced in the Socialist Republic of Vietnam (Vietnam) using carbon hot-rolled steel (HRS) or cold-rolled steel (CRS) flat products manufactured in the People's Republic of China (PRC), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on CORE from the PRC. DATE: Applicable December 11, 2017. FOR FURTHER INFORMATION CONTACT: Nancy Decker or Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0196 or (202) 482-3148, respectively. SUPPLEMENTARY INFORMATION: Background Certain domestic interested parties, Steel Dynamics, Inc. (SDI), California Steel Industries (CSI), ArcelorMittal USA LLC (AMUSA), Nucor Corporation (Nucor), United States Steel Corporation, and AK Steel Corporation (collectively, the domestic parties), filed submissions \1\ alleging that imports of CORE from Vietnam made from HRS or CRS sourced from the PRC and exported to the United States as CORE of Vietnamese origin are circumventing the CORE Orders.\2\ In their submissions, domestic parties requested the Department initiate anti-circumvention inquiries pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h), to determine whether the importation of the PRC-origin HRS or CRS substrate input for finishing into CORE in Vietnam and subsequent sale of that CORE to the United States constitutes circumvention of the CORE Orders. --------------------------------------------------------------------------- \1\ See Domestic Parties' Letter, ``Certain Cold-Rolled Steel Flat Products from China: Request for Circumvention Ruling,'' dated September 22, 2016 (Circumvention Ruling Request September 22, 2017), and Petitioners' Letter, ``Certain Cold-Rolled Steel Flat Products from the People's Republic of China--Request for Circumvention Ruling Pursuant to Section 781(b) of the Tariff Act of 1930,'' dated September 23, 2016 (Circumvention Ruling Request September 27, 2017). \2\ See Certain Corrosion-Resistant Steel Products from India, Italy, the People's Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016), and Certain Corrosion-Resistant Steel Products from India, Italy, Republic of Korea and the People's Republic of China: Countervailing Duty Order, 81 FR 48387 (July 25, 2016) (collectively CORE Orders). --------------------------------------------------------------------------- On November 14, 2016, the Department published the notice of initiation of anti-circumvention inquiries on imports of CORE from Vietnam.\3\ On August 29, 2017, the Department postponed the final determination of these inquiries and the revised final deadlines are now February 15, 2018.\4\ For a complete description of the events that followed the initiation of these inquiries, see the Preliminary Decision Memorandum.\5\ A list of topics included in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ See Certain Corrosion-Resistant Steel Products from the People's Republic of China: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 81 FR 79454 (November 14, 2016) (Initiation Notice). \4\ See Letter, ``Certain Corrosion-Resistant Steel Products (CORE) from the People's Republic of China (PRC): Extension of Anti- Circumvention Final Determinations,'' August 29, 2017. \5\ See Memorandum, ``Decision Memorandum for the Preliminary Determinations in the Anti-Circumvention Inquiries of Certain Corrosion-Resistant Steel Products from the People's Republic of China,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Orders The products covered by these orders are certain flat-rolled steel products, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron- based alloys, whether or not corrugated or painted, varnished, laminated, or coated with plastics or other non-metallic substances in addition to the metallic coating. For a complete description of the scope of the orders, see the Preliminary Decision Memorandum.\6\ --------------------------------------------------------------------------- \6\ Id. --------------------------------------------------------------------------- Scope of the Anti-Circumvention Inquiries These anti-circumvention inquiries cover CORE produced in Vietnam from HRS or CRS substrate input manufactured in the PRC and subsequently exported from Vietnam to the United States (inquiry merchandise). These preliminary rulings apply to all shipments of inquiry merchandise on or after the date of the initiation of these inquiries. Importers and exporters of CORE produced in Vietnam using (1) HRS manufactured in Vietnam or third countries, (2) CRS manufactured in Vietnam using HRS produced in Vietnam or third countries, or (3) CRS manufactured in third countries, must certify that the HRS or CRS processed into CORE in Vietnam did not originate in the PRC, as provided for in the certifications attached to the Federal Register notice. Otherwise, their merchandise may be subject to antidumping and countervailing duties if the Department makes affirmative final determinations in these inquiries. Methodology The Department is conducting these anti-circumvention inquiries in accordance with section 781(b) of the Act. Because Vietnam and the PRC \7\ are non-market economy countries, within the meaning of section 771(18) of the Act, the Department has calculated the [[Page 58171]] value of certain processing and merchandise using factors of production and market economy values, as discussed in section 773(c) of the Act. For a full description of the methodology underlying the Department's preliminary determination, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \7\ See Antidumping Duty Investigation of Certain Aluminum Foil from the People's Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value and Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 2017) citing Memorandum to Gary Taverman, ``China's Status as a Non-Market Economy,'' dated October 26, 2017. See also Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review, 81 FR 24797 (October 14, 2016) (unchanged in Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review; 2014-2015, 82 FR 18611 (April 20, 2017)). --------------------------------------------------------------------------- Preliminary Finding As detailed in the Preliminary Decision Memorandum, we preliminarily determine that CORE produced in Vietnam from HRS or CRS sourced from the PRC is circumventing the CORE Orders. We therefore preliminarily determine that it is appropriate to include this merchandise within the CORE Orders and to instruct U.S. Customs and Border Protection (CBP) to suspend any entries of CORE from Vietnam produced from HRS or CRS from the PRC. Suspension of Liquidation As stated above, the Department has made a preliminary affirmative finding of circumvention of the CORE Orders by exports to the United States of CORE produced in Vietnam from PRC-origin HRS or CRS. This circumvention finding applies to CORE produced by any Vietnamese company from PRC-origin HRS or CRS substrate input. In accordance with section 19 CFR 351.225(l)(2), the Department will direct CBP to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of CORE produced in Vietnam from PRC-origin HRS or CRS that were entered, or withdrawn from warehouse, for consumption on or after November 4, 2016, the date of initiation of the anti- circumvention inquiry. The suspension of liquidation instructions will remain in effect until further notice. The Department will instruct CBP to require AD cash deposits equal to the rate established for the PRC-wide entity (199.43 percent) and CVD cash deposits equal to the rate established for the PRC all-others rate (39.05 percent). In the underlying AD and CVD investigations, the Department relied on the rates calculated for the sole cooperative respondent in each investigation to determine the PRC-wide rate of 199.43 percent in the AD investigation and the all- others rate of 39.05 percent in the CVD investigation. The rates are thus based on the cost and sales data and subsidy benefits of Chinese producers. CORE produced in Vietnam from HRS or CRS that is not of PRC-origin is not subject to these inquiries. Therefore, cash deposits are not required for such merchandise. If an importer imports CORE from Vietnam and it claims that the CORE was not produced from HRS or CRS substrate manufactured in the PRC, in order not to be subject to cash deposit requirements, the importer and exporter are required to meet the certification and documentation requirements described in Appendix II. Exporters of CORE produced from non-PRC origin HRS or CRS substrate must prepare and maintain an Exporter Certification and documentation supporting the Certification (see Appendix IV). In addition, importers of such CORE must prepare and maintain an Importer Certification (see Appendix III) as well as documentation supporting the Importer Certification. Besides the Importer Certification, the importer must also maintain a copy of an Exporter Certification (see Appendix IV) and relevant supporting documentation from its exporter of CORE who did not use the PRC-origin HRS or CRS substrate. Verification As provided in 19 CFR 351.307, the Department intends to verify information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last final verification report is issued in these anti-circumvention inquiries, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in these anti-circumvention inquiries are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. International Trade Commission Notification The Department, consistent with section 781(e) of the Act, has notified the International Trade Commission (ITC) of these preliminary determinations to include the merchandise subject to these anticircumvention inquiries within the CORE Orders. Pursuant to section 781(e) of the Act, the ITC may request consultations concerning the Department's proposed inclusion of the subject merchandise. If, after consultations, the ITC believes that a significant injury issue is presented by the proposed inclusion, it will have 60 days from the date of notification by the Department to provide written advice. Notification to Interested Parties These determinations are issued and published in accordance with section 781(b) of the Act and 19 CFR 351.225(f). Dated: December 5, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Voluntary Respondent Treatment IV. Scope of the Orders V. Scope of the Anti-Circumvention Inquiries VI. Period of Review VII. Surrogate Countries and Methodology for Valuing Inputs from the PRC and Processing In Vietnam VIII. Statutory Framework IX. Statutory Analysis X. Country-Wide Determination XI. Certification for Not Using PRC-Origin HRS or CRS XII. Recommendation Appendix II Certification Requirements If an importer imports CORE from the Socialist Republic of Vietnam (Vietnam) and claims that the CORE was not produced from hot-rolled or cold-rolled steel substrate (substrate) manufactured in the People's Republic of China (PRC), the importer is required to complete and maintain the [[Page 58172]] importer certification attached hereto as Appendix III. The importer and exporter are required to maintain the exporter certification attached hereto as Appendix IV. The importer certification must be completed, signed, and dated at the time of the entry of the CORE product. The exporter certification must be completed, signed, and dated at the time of shipment of the relevant entries. For shipments and/or entries on or after November 4, 2016, but before the publication of this notice in the Federal Register, for which certifications are required, importers and exporters should complete the required certification within 30 days of the publication of this notice in the Federal Register. The importer and Vietnamese exporter are also required to maintain sufficient documentation supporting their certifications. The importer will not be required to submit the certifications or supporting documentation to CBP as part of the entry process. However, the importer and the exporter will be required to present the certifications and supporting documentation, to the Department and/or U.S. Customs and Border Protection (CBP), as applicable, upon request by the respective agency. Additionally, the claims made in the certifications and any supporting documentation are subject to verification by the Department and/or CBP. 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. If it is determined that the certification and/or documentation requirements in a certification have not been met, the Department intends to instruct CBP to suspend, under the PRC CORE orders (A-570-026, C-570-027), all unliquidated entries for which these requirements were not met and require the importer to post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits equal to the rates as determined by the Department of Commerce. Entries suspended under A-570-026 and C-570-027 will be liquidated pursuant to applicable administrative reviews of the PRC orders or through the automatic liquidation process. Appendix III Importer Certification I hereby certify that:My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time} and I am an official of {INSERT NAME OF IMPORTING COMPANY{time} ; I have direct personal knowledge of the facts regarding the importation of the corrosion-resistant steel products produced in Vietnam that entered under entry number(s) {INSERT ENTRY NUMBER(S){time} and are covered by this certification; I have personal knowledge of the facts regarding the production of the imported products covered by this certification; These corrosion-resistant steel products produced in Vietnam do not contain hot-rolled or cold-rolled steel substrate produced in the People's Republic of China (PRC); I understand that {INSERT NAME OF IMPORTING COMPANY{time} is required to maintain a copy ofthis certification and sufficient documentation supporting this certification 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 {INSERT NAME OF IMPORTING COMPANY{time} 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 (the Department); I understand that {INSERT NAME OF IMPORTING COMPANY{time} is required to maintain a copy of the exporter's certification 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 {INSERT NAME OF IMPORTING COMPANY{time} is required to maintain and provide a copy of the exporter's certification and supporting records, upon request, to CBP and/or the Department; I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or the Department; I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in: [cir] suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met and [cir] the requirement that the importer post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits equal to the rates as determined by the Department; I understand that agents of the importer, such as brokers, are not permitted to make this certification; This certification was completed at the time of entry; 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 Appendix IV Exporter Certification I hereby certify that: My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time} and I am an official of {INSERT NAME OF EXPORTING COMPANY{time} ; I have direct personal knowledge of the facts regarding the production and exportation of the corrosion-resistant steel products identified below; These corrosion-resistant steel products produced in Vietnam do not contain hot-rolled or cold-rolled steel substrate produced in the People's Republic of China (PRC); I understand that {INSERT NAME OF EXPORTING COMPANY{time} is required to maintain a copy of the this certification and sufficient documentation supporting this certification 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 {INSERT NAME OF EXPORTING COMPANY{time} must provide this Exporter Certification to the U.S. importer at the time of shipment; I understand that {INSERT NAME OF EXPORTING COMPANY{time} 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 (the Department); I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/ or the Department; I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in: [cir] suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met and [cir] the requirement that the importer post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits equal to the rates as determined by the Department; This certification was completed at or prior to the time of shipment. 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 [FR Doc. 2017-26606 Filed 12-8-17; 8:45 am] BILLING CODE 3510-DS-P
![58170 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices
Sixth, this Order is effective CORE from Vietnam made from HRS or versions of the Preliminary Decision
immediately and shall remain in effect CRS sourced from the PRC and exported Memorandum are identical in content.
until December 12, 2021. to the United States as CORE of
Scope of the Orders
Issued this 4th day of December, 2017. Vietnamese origin are circumventing the
CORE Orders.2 In their submissions, The products covered by these orders
Karen H. Nies-Vogel,
domestic parties requested the are certain flat-rolled steel products,
Director, Office of Exporter Services. either clad, plated, or coated with
Department initiate anti-circumvention
[FR Doc. 2017–26564 Filed 12–8–17; 8:45 am] corrosion-resistant metals such as zinc,
inquiries pursuant to section 781(b) of
BILLING CODE P
the Tariff Act of 1930, as amended (the aluminum, or zinc-, aluminum-, nickel-
Act), and 19 CFR 351.225(h), to or iron-based alloys, whether or not
determine whether the importation of corrugated or painted, varnished,
DEPARTMENT OF COMMERCE laminated, or coated with plastics or
the PRC-origin HRS or CRS substrate
International Trade Administration input for finishing into CORE in other non-metallic substances in
Vietnam and subsequent sale of that addition to the metallic coating. For a
[A–570–026, C–570–027] CORE to the United States constitutes complete description of the scope of the
circumvention of the CORE Orders. orders, see the Preliminary Decision
Certain Corrosion-Resistant Steel Memorandum.6
Products From the People’s Republic On November 14, 2016, the
of China: Affirmative Preliminary Department published the notice of Scope of the Anti-Circumvention
Determination of Anti-Circumvention initiation of anti-circumvention Inquiries
Inquiries on the Antidumping Duty and inquiries on imports of CORE from
Vietnam.3 On August 29, 2017, the These anti-circumvention inquiries
Countervailing Duty Orders cover CORE produced in Vietnam from
Department postponed the final
AGENCY: Enforcement and Compliance, HRS or CRS substrate input
determination of these inquiries and the
International Trade Administration, manufactured in the PRC and
revised final deadlines are now
Department of Commerce. subsequently exported from Vietnam to
February 15, 2018.4 For a complete
SUMMARY: The Department of Commerce
the United States (inquiry merchandise).
description of the events that followed
(the Department) preliminarily These preliminary rulings apply to all
the initiation of these inquiries, see the
determines that imports of certain shipments of inquiry merchandise on or
Preliminary Decision Memorandum.5 A
corrosion-resistant steel products after the date of the initiation of these
list of topics included in the
(CORE), produced in the Socialist inquiries. Importers and exporters of
Preliminary Decision Memorandum is
Republic of Vietnam (Vietnam) using CORE produced in Vietnam using (1)
included as Appendix I to this notice.
carbon hot-rolled steel (HRS) or cold- HRS manufactured in Vietnam or third
The Preliminary Decision Memorandum
rolled steel (CRS) flat products countries, (2) CRS manufactured in
is a public document and is on file
manufactured in the People’s Republic Vietnam using HRS produced in
electronically via Enforcement and
of China (PRC), are circumventing the Vietnam or third countries, or (3) CRS
Compliance’s Antidumping and
antidumping duty (AD) and manufactured in third countries, must
Countervailing Duty Centralized
countervailing duty (CVD) orders on certify that the HRS or CRS processed
Electronic Service System (ACCESS).
CORE from the PRC. into CORE in Vietnam did not originate
ACCESS is available to registered users
in the PRC, as provided for in the
DATE: Applicable December 11, 2017. at https://access.trade.gov, and to all
certifications attached to the Federal
FOR FURTHER INFORMATION CONTACT: parties in the Central Records Unit,
Register notice. Otherwise, their
Nancy Decker or Mark Hoadley, AD/ Room B8024 of the main Department of
merchandise may be subject to
CVD Operations, Office VII, Commerce building. In addition, a
antidumping and countervailing duties
Enforcement and Compliance, complete version of the Preliminary
if the Department makes affirmative
International Trade Administration, Decision Memorandum can be accessed
final determinations in these inquiries.
U.S. Department of Commerce, 1401 directly at http://enforcement.trade.gov/
Constitution Avenue NW., Washington, frn/. The signed and the electronic Methodology
DC 20230; telephone: (202) 482–0196 or The Department is conducting these
2 See Certain Corrosion-Resistant Steel Products
(202) 482–3148, respectively. anti-circumvention inquiries in
from India, Italy, the People’s Republic of China,
SUPPLEMENTARY INFORMATION: the Republic of Korea and Taiwan: Amended Final accordance with section 781(b) of the
Background Affirmative Antidumping Determination for India Act. Because Vietnam and the PRC 7 are
and Taiwan, and Antidumping Duty Orders, 81 FR non-market economy countries, within
Certain domestic interested parties, 48390 (July 25, 2016), and Certain Corrosion-
Resistant Steel Products from India, Italy, Republic the meaning of section 771(18) of the
Steel Dynamics, Inc. (SDI), California of Korea and the People’s Republic of China: Act, the Department has calculated the
Steel Industries (CSI), ArcelorMittal Countervailing Duty Order, 81 FR 48387 (July 25,
USA LLC (AMUSA), Nucor Corporation 2016) (collectively CORE Orders). 6 Id.
(Nucor), United States Steel 3 See Certain Corrosion-Resistant Steel Products 7 See Antidumping Duty Investigation of Certain
Corporation, and AK Steel Corporation from the People’s Republic of China: Initiation of Aluminum Foil from the People’s Republic of
Anti-Circumvention Inquiries on the Antidumping China: Affirmative Preliminary Determination of
(collectively, the domestic parties), filed Duty and Countervailing Duty Orders, 81 FR 79454 Sales at Less-Than-Fair Value and Postponement of
submissions 1 alleging that imports of (November 14, 2016) (Initiation Notice). Final Determination, 82 FR 50858, 50861
4 See Letter, ‘‘Certain Corrosion-Resistant Steel
(November 2, 2017) citing Memorandum to Gary
1 See Domestic Parties’ Letter, ‘‘Certain Cold- Products (CORE) from the People’s Republic of Taverman, ‘‘China’s Status as a Non-Market
daltland on DSKBBV9HB2PROD with NOTICES
Rolled Steel Flat Products from China: Request for China (PRC): Extension of Anti-Circumvention Economy,’’ dated October 26, 2017. See also Certain
Circumvention Ruling,’’ dated September 22, 2016 Final Determinations,’’ August 29, 2017. Oil Country Tubular Goods from the Socialist
(Circumvention Ruling Request September 22, 5 See Memorandum, ‘‘Decision Memorandum for Republic of Vietnam: Preliminary Results of
2017), and Petitioners’ Letter, ‘‘Certain Cold-Rolled the Preliminary Determinations in the Anti- Antidumping Duty Administrative Review, 81 FR
Steel Flat Products from the People’s Republic of Circumvention Inquiries of Certain Corrosion- 24797 (October 14, 2016) (unchanged in Certain Oil
China—Request for Circumvention Ruling Pursuant Resistant Steel Products from the People’s Republic Country Tubular Goods from the Socialist Republic
to Section 781(b) of the Tariff Act of 1930,’’ dated of China,’’ dated concurrently with, and hereby of Vietnam: Final Results of Antidumping Duty
September 23, 2016 (Circumvention Ruling Request adopted by, this notice (Preliminary Decision Administrative Review; 2014–2015, 82 FR 18611
September 27, 2017). Memorandum). (April 20, 2017)).
VerDate Sep<11>2014 17:54 Dec 08, 2017 Jkt 244001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1](https://thefederalregister.org/doc/82_FR_58406/page/1.svg)
![58172 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices
importer certification attached hereto as • I understand that {INSERT NAME OF rolled or cold-rolled steel substrate produced
Appendix III. The importer and exporter are IMPORTING COMPANY} is required to in the People’s Republic of China (PRC);
required to maintain the exporter maintain a copy ofthis certification and • I understand that {INSERT NAME OF
certification attached hereto as Appendix IV. sufficient documentation supporting this EXPORTING COMPANY} is required to
The importer certification must be certification for the later of (1) a period of maintain a copy of the this certification and
completed, signed, and dated at the time of five years from the date of entry or (2) a sufficient documentation supporting this
the entry of the CORE product. The exporter period of three years after the conclusion of certification for the later of (1) a period of
certification must be completed, signed, and any litigation in the United States courts five years from the date of entry or (2) a
dated at the time of shipment of the relevant regarding such entries; period of three years after the conclusion of
entries. For shipments and/or entries on or • I understand that {INSERT NAME OF any litigation in the United States courts
after November 4, 2016, but before the IMPORTING COMPANY}is required to regarding such entries;
publication of this notice in the Federal provide this certification and supporting • I understand that {INSERT NAME OF
Register, for which certifications are records, upon request, to U.S. Customs and EXPORTING COMPANY} must provide this
required, importers and exporters should Border Protection (CBP) and/or the Exporter Certification to the U.S. importer at
complete the required certification within 30 Department of Commerce (the Department); the time of shipment;
days of the publication of this notice in the • I understand that {INSERT NAME OF • I understand that {INSERT NAME OF
Federal Register. The importer and IMPORTING COMPANY} is required to EXPORTING COMPANY} is required to
maintain a copy of the exporter’s certification provide a copy of this certification and
Vietnamese exporter are also required to
for the later of (1) a period of five years from supporting records, upon request, to U.S.
maintain sufficient documentation
the date of entry or (2) a period of three years Customs and Border Protection (CBP) and/or
supporting their certifications. The importer
after the conclusion of any litigation in the Department of Commerce (the
will not be required to submit the
United States courts regarding such entries; Department);
certifications or supporting documentation to
• I understand that {INSERT NAME OF • I understand that the claims made
CBP as part of the entry process. However,
IMPORTING COMPANY} is required to herein, and the substantiating documentation
the importer and the exporter will be maintain and provide a copy of the exporter’s are subject to verification by CBP and/or the
required to present the certifications and certification and supporting records, upon Department;
supporting documentation, to the request, to CBP and/or the Department; • I understand that failure to maintain the
Department and/or U.S. Customs and Border • I understand that the claims made required certification and/or failure to
Protection (CBP), as applicable, upon request herein, and the substantiating substantiate the claims made herein will
by the respective agency. Additionally, the documentation, are subject to verification by result in:
claims made in the certifications and any CBP and/or the Department; Æ suspension of all unliquidated entries
supporting documentation are subject to • I understand that failure to maintain the (and entries for which liquidation has not
verification by the Department and/or CBP. required certification and/or failure to become final) for which these requirements
The importer and exporter are required to substantiate the claims made herein will were not met and
maintain the certifications and supporting result in: Æ the requirement that the importer post
documentation for the later of (1) a period of Æ suspension of liquidation of all applicable antidumping duty (AD) and
five years from the date of entry or (2) a unliquidated entries (and entries for which countervailing duty (CVD) cash deposits
period of three years after the conclusion of liquidation has not become final) for which equal to the rates as determined by the
any litigation in United States courts these requirements were not met and Department;
regarding such entries. If it is determined that Æ the requirement that the importer post • This certification was completed at or
the certification and/or documentation applicable antidumping duty (AD) and prior to the time of shipment.
requirements in a certification have not been countervailing duty (CVD) cash deposits • I am aware that U.S. law (including, but
met, the Department intends to instruct CBP equal to the rates as determined by the not limited to, 18 U.S.C. 1001) imposes
to suspend, under the PRC CORE orders (A– Department; criminal sanctions on individuals who
570–026, C–570–027), all unliquidated • I understand that agents of the importer, knowingly and willfully make material false
entries for which these requirements were such as brokers, are not permitted to make statements to the U.S. government;
not met and require the importer to post this certification;
Signature llllllllllllllll
applicable antidumping duty (AD) and • This certification was completed at the
countervailing duty (CVD) cash deposits time of entry; lllllllllllllllllllll
equal to the rates as determined by the • I am aware that U.S. law (including, but NAME OF COMPANY OFFICIAL
Department of Commerce. Entries suspended not limited to, 18 U.S.C. 1001) imposes lllllllllllllllllllll
under A–570–026 and C–570–027 will be criminal sanctions on individuals who TITLE
liquidated pursuant to applicable knowingly and willfully make material false lllllllllllllllllllll
administrative reviews of the PRC orders or statements to the U.S. government. DATE
through the automatic liquidation process. Signature llllllllllllllll
[FR Doc. 2017–26606 Filed 12–8–17; 8:45 am]
Appendix III lllllllllllllllllllll
BILLING CODE 3510–DS–P
NAME OF COMPANY OFFICIAL
Importer Certification
lllllllllllllllllllll
I hereby certify that: TITLE
• My name is {INSERT COMPANY DEPARTMENT OF COMMERCE
lllllllllllllllllllll
OFFICIAL’S NAME HERE} and I am an DATE
official of {INSERT NAME OF IMPORTING International Trade Administration
COMPANY}; Appendix IV [C–533–874]
• I have direct personal knowledge of the
facts regarding the importation of the Exporter Certification
Certain Cold-Drawn Mechanical Tubing
corrosion-resistant steel products produced I hereby certify that: of Carbon and Alloy Steel From India:
in Vietnam that entered under entry • My name is {INSERT COMPANY Final Affirmative Countervailing Duty
number(s) {INSERT ENTRY NUMBER(S)} OFFICIAL’S NAME HERE} and I am an
Determination
daltland on DSKBBV9HB2PROD with NOTICES
and are covered by this certification; official of {INSERT NAME OF EXPORTING
• I have personal knowledge of the facts COMPANY}; AGENCY: Enforcement and Compliance,
regarding the production of the imported • I have direct personal knowledge of the International Trade Administration,
products covered by this certification; facts regarding the production and
• These corrosion-resistant steel products exportation of the corrosion-resistant steel
Department of Commerce.
produced in Vietnam do not contain hot- products identified below; SUMMARY: The Department of Commerce
rolled or cold-rolled steel substrate produced • These corrosion-resistant steel products (Department) determines that
in the People’s Republic of China (PRC); produced in Vietnam do not contain hot- countervailable subsidies are being
VerDate Sep<11>2014 17:54 Dec 08, 2017 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1](https://thefederalregister.org/doc/82_FR_58406/page/3.svg)
Document Created: 2017-12-09 01:49:14
Document Modified: 2017-12-09 01:49:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable December 11, 2017. | |
| Contact | Nancy Decker or Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0196 or (202) 482-3148, respectively. | |
| FR Citation | 82 FR 58170 |
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