83 FR 23895 - Certain Corrosion-Resistant Steel Products From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 100 (May 23, 2018)
International Trade Administration
Federal Register Volume 83, Issue 100 (May 23, 2018)
| Page Range | 23895-23898 | |
| FR Document | 2018-11028 |
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)] [Notices] [Pages 23895-23898] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11028] ----------------------------------------------------------------------- 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 Final Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) 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 (China), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on CORE from China. DATES: Applicable May 23, 2018. 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 On December 11, 2017, Commerce published the Preliminary Determination \1\ of circumvention of the CORE Orders.\2\ A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision [[Page 23896]] Memorandum.\3\ The Issues and 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 http://access.trade.gov, and it is available to all parties in the Central Records Unit, room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See 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, 82 FR 58170 (December 11, 2017) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. \2\ See Certain Corrosion-Resistant Steel Flat Products from India, Italy, the People's Republic of China, the Republic of Korea, and Taiwan: Amended Final Affirmative Antidumping Duty 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). \3\ See Memorandum, ``Issues and Decision Memorandum for Anti- Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders on Certain Corrosion-Resistant Steel Products from the People's Republic of China,'' dated concurrently with, and hereby adopted by, this notice (Issues and 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 Issues and Decision Memorandum. Scope of the Anti-Circumvention Inquiries These anti-circumvention inquiries cover CORE produced in Vietnam using HRS or CRS substrate manufactured in China and subsequently exported from Vietnam to the United States (inquiry merchandise). These 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 China, as provided for in the certifications attached to this Federal Register notice. Otherwise, their merchandise may be subject to antidumping and countervailing duties. Methodology Commerce is conducting these anti-circumvention inquiries in accordance with section 781(b) of the Tariff Act of 1930, as amended (the Act). Because Vietnam and China \4\ are non-market economy countries, within the meaning of section 771(18) of the Act, Commerce calculated the value of certain processing and merchandise using factors of production and market economy values, as discussed in section 773(c) of the Act. Because Vietnam and China are non-market economy countries, within the meaning of section 771(18) of the Act, in the Preliminary Determination Commerce calculated the value of certain processing and merchandise using factors of production and market economy values, as discussed in section 773(c) of the Act. See Preliminary Decision Memorandum for a full description of the methodology. We have continued to apply this methodology for our final determination. For further information, see Comment 6 of the Issues and Decision Memorandum. --------------------------------------------------------------------------- \4\ 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), unchanged in Certain Aluminum Foil from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5, 2018); 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)). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in these inquiries are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as Appendix I. Based on our analysis of the comments received and our findings at verification, we made certain changes to our value of processing calculation since the Preliminary Determination. These changes are discussed in the Issues and Decision Memorandum. Final Affirmative Determination of Circumvention We determine that CORE produced in Vietnam from HRS or CRS substrate manufactured in China is circumventing the CORE Orders. We, therefore, find it appropriate to determine that this merchandise falls within the CORE Orders and to instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of any entries of CORE from Vietnam produced using HRS or CRS substrate manufactured in China. Continuation of Suspension of Liquidation As stated above, Commerce has made an affirmative determination of circumvention of the CORE Orders by exports to the United States of CORE produced in Vietnam using Chinese-origin HRS or CRS substrate. This circumvention finding applies to CORE produced by any Vietnamese company using Chinese-origin HRS or CRS substrate. In accordance with 19 CFR 351.225(l)(3), Commerce will direct CBP to continue to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of CORE produced in Vietnam using Chinese-origin HRS or CRS substrate that were entered, or withdrawn from warehouse, for consumption on or after November 4, 2016, the date of initiation of these anti-circumvention inquiries. The suspension of liquidation instructions will remain in effect until further notice. Commerce will instruct CBP to require AD cash deposits equal to the rate established for the China-wide entity (199.43 percent) and CVD cash deposits equal to the rate established for the China all-others rate (39.05 percent). In the underlying AD and CVD investigations, Commerce relied on the rates calculated for the sole cooperative respondent in each investigation to determine the China-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 using HRS or CRS substrate that is not of Chinese-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 using HRS or CRS substrate manufactured in China, 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 in Vietnam using non-Chinese- origin HRS or CRS substrate must prepare and maintain an Exporter Certification and documentation supporting the Exporter 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 [[Page 23897]] Certification, the importer must also maintain a copy of an Exporter Certification (see Appendix IV) and relevant supporting documentation from its exporter of CORE produced using non-Chinese-origin HRS or CRS substrate. Notification Regarding Administrative Protective Orders This notice will serve as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/destruction or APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. 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: May 16, 2018. 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 Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. Scope of the Anti-Circumvention Inquiries V. Changes Since the Preliminary Determination VI. Statutory Framework VII. Statutory Analysis VIII. Discussion of the Issues Comment 1: Section 781(B) Anti-Circumvention Inquiry When Commerce Has Made Previous Substantial Transformation Findings Comment 2: The Scopes of the Orders Do Not Cover Merchandise Further Processed in a Third Country Comment 3: A Country-Wide Determination Is Not Justified Comment 4: Certification Requirements Comment 5: Statutory Criteria Benchmarked to HRS or CRS Production in China Comment 6: Assembly or Completion in Vietnam and Value of Processing Performed in Vietnam (Including Use of SV Methodology) Comment 7: ``Pattern of Trade and Sourcing'' and ``Increased Imports'' Findings Comment 8: Energy Comment 9: Unit Values for Hot-Rolled and Cold-Rolled Steel Inputs Comment 10: TDA's Labor Comment 11: TDA's Byproducts Comment 12: Affiliation With Suppliers IX. Recommendation Appendix II Certification Requirements If an importer imports certain corrosion-resistant steel products (CORE) from the Socialist Republic of Vietnam (Vietnam) and claims that the CORE was not produced using hot-rolled or cold- rolled steel substrate (substrate) manufactured in the People's Republic of China (China), the importer is required to complete and maintain the importer certification attached as Appendix III. The importer is further required to maintain a copy of the exporter certification, discussed below. The importer certification must be completed, signed, and dated at the time of filing of the entry summary for the relevant importation. Where the importer uses a broker to facilitate the entry process, it should obtain the entry number from the broker. Agents of the importer, such as brokers, however, are not permitted to make this certification. The exporter is required to complete and maintain the exporter certification, attached as Appendix IV, and is further required to provide the importer a copy of that certification. The exporter certification must be completed, signed, and dated before or at the time of shipment of the relevant entries. The exporter certification should be completed by the party selling the merchandise manufactured in Vietnam to the United States, which is not necessarily the producer of the product. The importer and third-country exporter are also required to maintain sufficient documentation (as indicated in the certifications) supporting their certifications. The importer will not be required to submit the certifications or supporting documentation to U.S. Customs and Border Protection (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 U.S. Department of Commerce (Commerce) and/or 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 Commerce 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, Commerce intends to instruct CBP to suspend, under the China CORE orders A-570-026 and C-570-027, all unliquidated entries for which these requirements were not met and require the importer to post applicable antidumping duty (AD) and/or countervailing duty (CVD) cash deposits equal to the rates as determined by Commerce. Entries suspended under A-570-026 and C-570-027 will be liquidated pursuant to applicable administrative reviews of the China orders or through the automatic liquidation process. For CORE produced in Vietnam using Chinese hot-rolled or cold- rolled substrate, Commerce has established the following third- country case numbers in the Automated Commercial Environment (ACE): A-552-994 and C-552-995. For entries suspended pursuant to the Preliminary Determination of these anti-circumvention inquiries that were (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption during the period November 4, 2016, through December 10, 2017, the day preceding publication of the preliminary determination in the Federal Register, which are claimed to be produced using non-Chinese HRS or CRS substrate, Commerce permitted importer and exporter certifications to be completed for a limited period following the Preliminary Determination.\5\ Specifically, Commerce required completion of the importer and exporter certifications within 45 days of publication of the Preliminary Determination Federal Register notice. Likewise, for such merchandise, the exporter was required to provide the importer a copy of the exporter certification within 45 days of the Preliminary Determination publication. --------------------------------------------------------------------------- \5\ See Commerce Memorandum, ``Clarification of Certification Requirements Pursuant to Preliminary Affirmative Anti-circumvention Rulings and Extension of 30-Day Deadline for Pre-Preliminary Determination Shipments,'' dated January 9, 2018, at 2-3. --------------------------------------------------------------------------- For unliquidated entries (and entries for which liquidation has not become final) of merchandise entered as type 01 entries that were (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption during the period November 4, 2016, through December 10, 2017, the day preceding publication of the preliminary determination in the Federal Register, produced from Chinese substrate, importers should file a Post Summary Correction with CBP, in accordance with CBP's regulations, regarding possible conversion of such entries from type 1 to type 3 entries and report those type 3 entries using the third-country case numbers A-552-994 and C-552- 995. Accordingly, the importer also should pay cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties. For merchandise (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption during the period November 4, 2016, through December 10, 2017, the day preceding publication of the preliminary determination in the Federal Register, for which certifications are required, importers and exporters each had the option to complete a blanket certification covering multiple entries, individual certifications for each entry, or a combination thereof.\6\ The importer certifications, and copies of the exporter certifications, should be maintained by the importer and provided to CBP or Commerce upon request by the respective agency. \6\ Id. --------------------------------------------------------------------------- Appendix III Importer Certification I hereby certify that: [[Page 23898]]My name is {INSERT COMPANY OFFICIAL'S NAME{time} and I am an official of {IMPORTING COMPANY{time} ; This certification pertains to {INSERT ENTRY NUMBER(S), ENTRY LINE NUMBER(S), AND PRODUCT CODE(S) REFERENCED ON ENTRY SUMMARY{time} ; I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the corrosion-resistant steel products produced in the Socialist Republic of Vietnam (Vietnam) that entered under entry number(s) {INSERT ENTRY NUMBER(S){time} and are covered by this certification. ``Direct personal knowledge'' for purposes of this certification refers to facts in records maintained by the importing company in the normal course of its business. 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'' for purposes of this certification includes facts obtained from another party (e.g., correspondence received by the importer (or exporter) from the producer regarding the source of the substrate used to produce the imported products); The corrosion-resistant steel products produced in Vietnam that are covered by this certification do not contain hot- rolled or cold-rolled steel substrate produced in the People's Republic of China; I understand that {INSERT IMPORTING COMPANY NAME{time} 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 {INSERT IMPORTING COMPANY NAME{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 (Commerce); I understand that {INSERT IMPORTING COMPANY NAME{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 IMPORTING COMPANY NAME{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 Commerce; 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/or countervailing duty (CVD) 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 at the time of filing the entry summary for the relevant importation; 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} ; This certification pertains to {INSERT INVOICE NUMBER(S) TO U.S. CUSTOMERS AND PRODUCT CODE(S) REFERENCED ON INVOICE{time} ; I have direct personal knowledge of the facts regarding the production and exportation of the corrosion-resistant steel products from the Socialist Republic of Vietnam (Vietnam) that shipped pursuant to {INSERT INVOICE NUMBER(S) TO U.S. CUSTOMERS{time} and are covered by this certification. ``Direct personal knowledge'' for purposes of this certification refers to facts in records maintained by the exporting company in the normal course of its business. For example, an exporter should have ``direct personal knowledge'' of the producer's identity and location. The corrosion-resistant steel products produced in Vietnam that are covered by this certification do not contain hot- rolled or cold-rolled steel substrate produced in the People's Republic of China. I understand that {INSERT NAME OF EXPORTING COMPANY{time} 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 {INSERT NAME OF EXPORTING COMPANY{time} must provide this Exporter Certification to the U.S. importer before or 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 (Commerce); I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/ or the Commerce; 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/or countervailing duty (CVD) cash deposits (as appropriate) equal to the rates as determined by the Department; This certification was completed before or at the time of shipment of the relevant entries; 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. 2018-11028 Filed 5-22-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices 23895
84.94 percent rate calculated in the will be the rate established for the most DEPARTMENT OF COMMERCE
Investigation.8 recent period for the manufacturer of
the merchandise; and (4) the cash International Trade Administration
Final Determination of No Shipments
deposit rate for all other manufacturers
We found in the Preliminary Results or exporters is 84.94 percent.13 These [A–570–026, C–570–027]
that Euro SME had no shipments of cash deposit requirements, when
subject merchandise during the POR,9 Certain Corrosion-Resistant Steel
imposed, shall remain in effect until
and no party commented on this Products From the People’s Republic
further notice.
preliminary finding. As a result, this of China: Affirmative Final
finding has not changed.10 For further Notification to Importers Determination of Circumvention of the
details of the issues addressed in this Antidumping Duty and Countervailing
proceeding, see the Preliminary This notice serves as a final reminder Duty Orders
Results.11 to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a AGENCY: Enforcement and Compliance,
Assessment Rates International Trade Administration,
certificate regarding the reimbursement
Commerce determined, and U.S. of antidumping duties prior to Department of Commerce.
Customs and Border Protection (CBP) liquidation of the relevant entries SUMMARY: The Department of Commerce
shall assess, antidumping duties on all during this POR. Failure to comply with (Commerce) determines that imports of
appropriate entries of subject this requirement could result in certain corrosion-resistant steel
merchandise, where applicable, in Commerce’s presumption that products (CORE), produced in the
accordance with section 751(a)(2)(C) of Socialist Republic of Vietnam (Vietnam)
reimbursement of antidumping duties
the Act and 19 CFR 351.212(b). using carbon hot-rolled steel (HRS) or
occurred and the subsequent assessment
Commerce intends to issue assessment cold-rolled steel (CRS) flat products
instructions to CBP 15 days after the of double antidumping duties.
manufactured in the People’s Republic
date of publication of the final results of Administrative Protective Order of China (China), are circumventing the
this review. antidumping duty (AD) and
Regarding Euro SME, the exporter This notice also serves as a reminder
countervailing duty (CVD) orders on
under review, which we determined to parties subject to administrative
CORE from China.
had no shipments of the subject protective order (APO) of their
merchandise during the POR, for any responsibility concerning the DATES: Applicable May 23, 2018.
suspended entries of subject disposition of proprietary information FOR FURTHER INFORMATION CONTACT:
merchandise for which Euro SME did disclosed under APO in accordance Nancy Decker or Mark Hoadley, AD/
not know its merchandise was destined with 19 CFR 351.305(a)(3). Timely CVD Operations, Office VII,
for the United States, we will instruct written notification of the return or Enforcement and Compliance,
CBP to liquidate these entries at the all- destruction of APO materials, or International Trade Administration,
others rate if there is no rate for the conversion to judicial protective order, U.S. Department of Commerce, 1401
intermediate company involved in the Constitution Avenue NW, Washington,
is hereby requested. Failure to comply
transaction.12 DC 20230; telephone: (202) 482–0196 or
with the regulations and terms of an
Cash Deposit Requirements APO is a sanctionable violation. (202) 482–3148, respectively.
SUPPLEMENTARY INFORMATION:
The following cash deposit We are issuing and publishing these
requirements will be effective for all final results and this notice in Background
shipments of subject merchandise accordance with sections 751(a)(1) and
entered, or withdrawn from warehouse, On December 11, 2017, Commerce
777(i) of the Act and 19 CFR published the Preliminary
for consumption on or after the 351.221(b)(5).
publication date of this notice of final Determination 1 of circumvention of the
results of the administrative review, as Dated: May 17, 2018. CORE Orders.2 A summary of the events
provided by section 751(a)(2)(C) of the Gary Taverman, that occurred since Commerce
Act: (1) For Euro SME, which claimed Deputy Assistant Secretary for Antidumping
published the Preliminary
no shipments, the cash deposit rate will and Countervailing Duty Operations, Determination, as well as a full
remain unchanged from the rate performing the non-exclusive functions and discussion of the issues raised by parties
assigned to Euro SME in the most duties of the Assistant Secretary for for this final determination, may be
recently completed review of the Enforcement and Compliance. found in the Issues and Decision
company; (2) for previously investigated [FR Doc. 2018–11030 Filed 5–22–18; 8:45 am]
1 See Certain Corrosion-Resistant Steel Products
or reviewed companies not listed above, BILLING CODE 3510–DS–P
from the People’s Republic of China: Affirmative
the cash deposit rate will continue to be Preliminary Determination of Anti-Circumvention
the company-specific rate published for Inquiries on the Antidumping Duty and
the most recent period; (3) if the Countervailing Duty Orders, 82 FR 58170
(December 11, 2017) (Preliminary Determination)
exporter is a firm not covered in this and accompanying Preliminary Decision
review, a prior review, or the less-than- Memorandum.
fair-value investigation, but the 2 See Certain Corrosion-Resistant Steel Flat
manufacturer is, the cash deposit rate Products from India, Italy, the People’s Republic of
daltland on DSKBBV9HB2PROD with NOTICES
China, the Republic of Korea, and Taiwan:
8 Id. Amended Final Affirmative Antidumping Duty
9 See
Determination for India and Taiwan, and
Preliminary Results, 83 FR at 11959. Antidumping Duty Orders, 81 FR 48390 (July 25,
10 Id.
2016), and Certain Corrosion-Resistant Steel
11 Id.
Products from India, Italy, Republic of Korea, and
12 See Antidumping and Countervailing Duty the People’s Republic of China: Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68 Order, 81 FR 48387 (July 25, 2016) (collectively,
FR 23954 (May 6, 2003). 13 See Investigation, 69 FR at 34129. CORE Orders).
VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1](https://thefederalregister.org/doc/83_FR_23995/page/1.svg)
![23898 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices
• My name is {INSERT COMPANY Æ Suspension of liquidation of all Exporter Certification to the U.S. importer
OFFICIAL’S NAME} and I am an official of unliquidated entries (and entries for which before or at the time of shipment;
{IMPORTING COMPANY}; liquidation has not become final) for which • I understand that {INSERT NAME OF
• This certification pertains to {INSERT these requirements were not met, and EXPORTING COMPANY} is required to
ENTRY NUMBER(S), ENTRY LINE Æ the requirement that the importer post provide a copy of this certification and
NUMBER(S), AND PRODUCT CODE(S) applicable antidumping duty (AD) and/or supporting records, upon request, to U.S.
REFERENCED ON ENTRY SUMMARY}; countervailing duty (CVD) cash deposits (as Customs and Border Protection (CBP) and/or
• I have direct personal knowledge of the appropriate) equal to the rates determined by the Department of Commerce (Commerce);
facts regarding the importation into the Commerce; • I understand that the claims made
Customs territory of the United States of the • I understand that agents of the importer, herein, and the substantiating documentation
corrosion-resistant steel products produced such as brokers, are not permitted to make are subject to verification by CBP and/or the
in the Socialist Republic of Vietnam this certification; Commerce;
(Vietnam) that entered under entry number(s) • This certification was completed at the • I understand that failure to maintain the
{INSERT ENTRY NUMBER(S)} and are time of filing the entry summary for the required certification and/or failure to
covered by this certification. ‘‘Direct personal relevant importation; substantiate the claims made herein will
knowledge’’ for purposes of this certification • I am aware that U.S. law (including, but result in:
refers to facts in records maintained by the not limited to, 18 U.S.C. 1001) imposes Æ Suspension of all unliquidated entries
importing company in the normal course of criminal sanctions on individuals who (and entries for which liquidation has not
its business. The importer should have knowingly and willfully make material false become final) for which these requirements
‘‘direct personal knowledge’’ of the statements to the U.S. government. were not met, and
importation of the product (e.g., the name of Æ the requirement that the importer post
the exporter) in its records; Signature applicable antidumping duty (AD) and/or
• I have personal knowledge of the facts lllllllllllllllllllll countervailing duty (CVD) cash deposits (as
regarding the production of the imported NAME OF COMPANY OFFICIAL appropriate) equal to the rates as determined
products covered by this certification. lllllllllllllllllllll by the Department;
‘‘Personal knowledge’’ for purposes of this • This certification was completed before
certification includes facts obtained from TITLE or at the time of shipment of the relevant
another party (e.g., correspondence received lllllllllllllllllllll entries;
by the importer (or exporter) from the DATE • I am aware that U.S. law (including, but
producer regarding the source of the not limited to, 18 U.S.C. 1001) imposes
substrate used to produce the imported Appendix IV criminal sanctions on individuals who
products); knowingly and willfully make material false
• The corrosion-resistant steel products Exporter Certification statements to the U.S. government.
produced in Vietnam that are covered by this I hereby certify that: Signature
certification do not contain hot-rolled or • My name is {INSERT COMPANY lllllllllllllllllllll
cold-rolled steel substrate produced in the OFFICIAL’S NAME HERE} and I am an
People’s Republic of China; official of {INSERT NAME OF EXPORTING NAME OF COMPANY OFFICIAL
• I understand that {INSERT IMPORTING COMPANY}; lllllllllllllllllllll
COMPANY NAME} is required to maintain • This certification pertains to {INSERT TITLE
a copy of this certification and sufficient INVOICE NUMBER(S) TO U.S. CUSTOMERS lllllllllllllllllllll
documentation supporting this certification AND PRODUCT CODE(S) REFERENCED ON
(i.e., documents maintained in the normal DATE
INVOICE};
course of business, or documents obtained by • I have direct personal knowledge of the [FR Doc. 2018–11028 Filed 5–22–18; 8:45 am]
the certifying party, for example, mill facts regarding the production and BILLING CODE 3510–DS–P
certificates, productions records, invoices, exportation of the corrosion-resistant steel
etc.) for the later of (1) a period of five years products from the Socialist Republic of
from the date of entry or (2) a period of three Vietnam (Vietnam) that shipped pursuant to DEPARTMENT OF COMMERCE
years after the conclusion of any litigation in {INSERT INVOICE NUMBER(S) TO U.S.
the United States courts regarding such CUSTOMERS} and are covered by this National Oceanic and Atmospheric
entries; certification. ‘‘Direct personal knowledge’’ Administration
• I understand that {INSERT IMPORTING for purposes of this certification refers to
COMPANY NAME} is required to provide facts in records maintained by the exporting Notice of 30-day Public Comment
this certification and supporting records, company in the normal course of its
Period on an Addendum to the
upon request, to U.S. Customs and Border business. For example, an exporter should
Protection (CBP) and/or the Department of have ‘‘direct personal knowledge’’ of the Portland Harbor Damage Assessment
Commerce (Commerce); producer’s identity and location. Plan
• I understand that {INSERT IMPORTING • The corrosion-resistant steel products AGENCY: National Ocean Service,
COMPANY NAME} is required to maintain produced in Vietnam that are covered by this
National Oceanic and Atmospheric
a copy of the Exporter’s Certification for the certification do not contain hot-rolled or
later of (1) a period of five years from the date cold-rolled steel substrate produced in the Administration, U.S. Department of
of entry or (2) a period of three years after People’s Republic of China. Commerce.
the conclusion of any litigation in United • I understand that {INSERT NAME OF ACTION: Notice of Public Comment
States courts regarding such entries; EXPORTING COMPANY} is required to Period.
• I understand that {INSERT IMPORTING maintain a copy of this certification and
COMPANY NAME} is required to maintain sufficient documentation supporting this SUMMARY: On June 1, 2010 NOAA and
and provide a copy of the Exporter’s certification (i.e., documents maintained in its co-members of the Portland Harbor
Certification and supporting records, upon the normal course of business, or documents Trustee Council (Trustee Council)
request, to CBP and/or the Department; obtained by the certifying party, for example, published the ‘‘Portland Harbor
daltland on DSKBBV9HB2PROD with NOTICES
• I understand that the claims made mill certificates, productions records, Superfund Site Natural Resource
herein, and the substantiating invoices, etc.) for the later of (1) a period of Damage Assessment Plan’’, which set
documentation, are subject to verification by five years from the date of entry or (2) a
CBP and/or Commerce; period of three years after the conclusion of
forward the Trustee Council’s approach
• I understand that failure to maintain the any litigation in the United States courts for assessing natural resource damages
required certification and/or failure to regarding such entries; at the Portland Harbor Superfund Site in
substantiate the claims made herein will • I understand that {INSERT NAME OF cooperation with potentially responsible
result in: EXPORTING COMPANY} must provide this parties in order to resolve natural
VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1](https://thefederalregister.org/doc/83_FR_23995/page/4.svg)
Document Created: 2018-05-22 23:49:19
Document Modified: 2018-05-22 23:49:19
| 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 May 23, 2018. | |
| 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 | 83 FR 23895 |
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