83_FR_35348 83 FR 35205 - Carbon Steel Butt-Weld Pipe Fittings From the People's Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order

83 FR 35205 - Carbon Steel Butt-Weld Pipe Fittings From the People's Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 143 (July 25, 2018)

Page Range35205-35208
FR Document2018-15882

The Department of Commerce (Commerce) preliminarily determines that carbon steel butt-weld pipe fittings (butt-weld pipe fittings) exported from Malaysia, which were completed in Malaysia using finished or unfinished butt-weld pipe fittings sourced from the People's Republic of China (China), are circumventing the antidumping duty (AD) order on butt-weld pipe fittings from China.

Federal Register, Volume 83 Issue 143 (Wednesday, July 25, 2018)
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Notices]
[Pages 35205-35208]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15882]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-814]


Carbon Steel Butt-Weld Pipe Fittings From the People's Republic 
of China: Preliminary Affirmative Determination of Circumvention of the 
Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that carbon steel butt-weld pipe fittings (butt-weld pipe fittings) 
exported from Malaysia, which were completed in Malaysia using finished 
or unfinished butt-weld pipe fittings sourced from the People's 
Republic of China (China), are circumventing the antidumping duty (AD) 
order on butt-weld pipe fittings from China.

DATES: Applicable July 25, 2018.

FOR FURTHER INFORMATION CONTACT: Jerry Huang or Susan Pulongbarit, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4047 or (202) 
482-4031, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 6, 1992, Commerce issued the AD order on imports of butt-
weld pipe fittings from China.\1\ Additionally, on March 31, 1994, 
Commerce issued an affirmative final anti-circumvention determination 
finding that imports into the United States of pipe fittings that were 
finished in Thailand from unfinished pipe fittings produced in China 
constituted circumvention of the Order within the meaning of section 
781(b) of the Tariff Act of 1930, as amended (the Act).\2\ Commerce 
applied this finding of circumvention to all imports of butt-weld pipe 
fittings from Thailand, regardless of manufacturer/producer, unless 
accompanied by a certification stating that such pipe fittings have not 
been produced from unfinished pipe fittings sourced from China.\3\
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    \1\ See Antidumping Duty Order and Amendment to the Final 
Determination of Sales at Less Than Fair Value; Certain Carbon Steel 
Butt-Weld Pipe Fittings from the People's Republic of China, 57 FR 
29702 (July 6, 1992) (Order).
    \2\ See Certain Carbon Steel Butt-Weld Pipe Fittings from the 
People's Republic of China; Affirmative Final Determination of 
Circumvention of Antidumping Duty Order, 59 FR 15155 (March 31, 
1994).
    \3\ Id., at 15158-59.
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    On May 22, 2017, Tube Forgings of America, Inc., Mills Iron Works, 
Inc., and Hackney Ladish, Inc., (collectively, the domestic parties), 
alleged that imports of butt-weld pipe fittings which were completed in 
Malaysia using finished or unfinished butt-weld pipe fittings sourced 
from China are circumventing the Order.\4\ In their allegation, the 
domestic parties requested that Commerce initiate an anti-circumvention 
inquiry pursuant to section 781(b) of the Act, and 19 CFR 351.225(h), 
to determine whether imports of butt-weld pipe fittings sourced from 
unfinished or finished butt-weld pipe fittings from the PRC have 
undergone minor finishing processes, or were simply marked with 
``Malaysia'' as the country of origin, in Malaysia, before export to 
the United States constitutes circumvention of the Order. The domestic 
parties also requested that Commerce reach an affirmative determination 
of circumvention for all imports of butt-

[[Page 35206]]

weld pipe fittings from Malaysia, regardless of producer or exporter.
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    \4\ See Letter from the domestic parties to the Secretary of 
Commerce, ``Carbon Steel Butt-Weld Pipe Fittings from the People's 
Republic of China, A-570-814; Request for Circumvention Ruling 
Pursuant to Section 781(b) of the Tariff Act of 1930,'' dated May 
22, 2017.
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    On August 25, 2017, Commerce published in the Federal Register the 
notice of initiation of this anti-circumvention inquiry.\5\ For a 
complete description of the events that followed the initiation of this 
inquiry, see the Preliminary Decision Memorandum.\6\ 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.
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    \5\ See Carbon Steel Butt-Weld Pipe Fittings from the People's 
Republic of China: Initiation of Anti-Circumvention Inquiry on the 
Antidumping Duty Order, 82 FR 40556 (August 25, 2017).
    \6\ See Memorandum, ``Preliminary Decision Memorandum for the 
Anti-Circumvention Inquiry on the Antidumping Duty Order on Certain 
Carbon Steel Butt-Weld Pipe Fittings from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the Order are carbon steel butt-weld pipe 
fittings. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.\7\
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    \7\ Id.
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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 (inquiry merchandise). This preliminary ruling applies to 
all shipments of inquiry merchandise on or after the date of the 
initiation of this inquiry.

Methodology

    Commerce is conducting this anti-circumvention inquiry in 
accordance with section 781(b) of the Act. For a full description of 
the methodology underlying Commerce's preliminary determination, see 
the Preliminary Decision Memorandum.

Preliminary Finding

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine that butt-weld pipe fittings exported from 
Malaysia, which were completed in Malaysia using finished or unfinished 
butt-weld pipe fittings from China, or were simply marked with 
``Malaysia'' as the country of origin are circumventing the Order. As 
such, we preliminarily determine that it is appropriate to include this 
merchandise within the Order and to instruct U.S. Customs and Border 
Protection (CBP) to suspend any entries of butt-weld pipe fittings from 
Malaysia, which were completed in Malaysia using finished or unfinished 
butt-weld pipe fittings from China, or were simply marked with 
``Malaysia'' as the country of origin. We also preliminarily determine 
that Arah Dagang Sdn. Bhd. (Arah Dagang), Solidbend Fittings & Flanges 
Sdn. Bhd. (Solidbend), and Sumitomo Corporation Asia & Oceania Pte. 
Ltd. (Sumitomo) have not exported butt-weld pipe fittings which were 
completed in Malaysia using finished or unfinished butt-weld pipe 
fittings from China.

Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2), Commerce will direct CBP 
to suspend liquidation and to require a cash deposit of estimated 
duties on unliquidated entries of butt-weld pipe fittings completed or 
simply marked in Malaysia from Chinese-origin finished or unfinished 
butt-weld pipe fittings that were entered, or withdrawn from warehouse, 
for consumption on or after August 21, 2017, the date of initiation of 
the anti-circumvention inquiry.
    The suspension of liquidation instructions will remain in effect 
until further notice. Commerce will instruct CBP to require AD cash 
deposits equal to the China-wide rate of 182.90 percent, unless the 
importer/exporter can certify to CBP that the Chinese-origin finished 
or unfinished butt-weld pipe fittings completed in Malaysia were 
supplied by a Chinese manufacturer with a company-specific separate 
rate. In that instance, the cash deposit rate will be the rate of the 
Chinese butt-weld pipe fittings manufacturer that has its own rate.\8\
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    \8\ See, e.g., Glycine from the People's Republic of China: 
Preliminary Partial Affirmative Determination of Circumvention of 
the Antidumping Duty Order and Initiation of Scope Inquiry, 77 FR 
21532, 21535 (April 10, 2012), unchanged in Glycine from the 
People's Republic of China: Final Partial Affirmative Determination 
of Circumvention of the Antidumping Duty Order, 77 FR 73426 
(December 10, 2012).
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    Butt-weld pipe fittings completed in Malaysia from finished and 
unfinished butt-weld pipe fittings that are not of Chinese-origin are 
not subject to this inquiry. Therefore, cash deposits are not required 
for such merchandise, subject to the following certification 
requirements.\9\ An importer of butt-weld pipe fittings from Malaysia 
claiming that its butt-weld pipe fittings were not completed from 
finished and unfinished Chinese butt-weld pipe fittings must meet the 
certification and documentation requirements described in Appendix II. 
Appendix II requires the importer to prepare and retain certifications 
and documents not only on its own behalf, but also get a certification 
from the exporter of this merchandise. Specifically, importers of such 
butt-weld pipe fittings 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 the appropriate Exporter 
Certification (see Appendix IV) and relevant supporting documentation 
from its exporter of butt-weld pipe fittings that were not completed 
using Chinese-origin finished and unfinished butt-weld pipe fittings. 
Importers must ensure that their exporters of butt-weld pipe fittings 
completed from finished and unfinished butt-weld pipe fittings of non-
Chinese origin must prepare and maintain an Exporter Certification and 
documentation supporting the Exporter Certification (see Appendix IV).
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    \9\ In light of our preliminary determination that Arah Dagang, 
Solidbend, and Sumitomo have not exported butt-weld pipe fittings 
which were completed or marked in Malaysia using finished or 
unfinished butt-weld pipe fittings from China, we will not instruct 
CBP to suspend liquidation of any unliquidated entries of non-
Chinese origin butt-weld pipe fittings, subject to their meeting the 
certification requirements.
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Verification

    As provided in 19 CFR 351.307, Commerce 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 this anti-circumvention inquiry, 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

[[Page 35207]]

briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case briefs or rebuttal briefs in this anti-circumvention 
inquiry 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.
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    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    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, 
Commerce 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

    Commerce, consistent with section 781(e) of the Act, has notified 
the International Trade Commission (ITC) of this preliminary 
determination to include the merchandise subject to this anti-
circumvention inquiry within the Order. Pursuant to section 781(e) of 
the Act, the ITC may request consultations concerning Commerce's 
proposed inclusion of the inquiry 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 Commerce to provide written advice.

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.225(f).

    Dated: July 18, 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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Scope of the Anti-Circumvention Inquiry
V. Period of Inquiry
VI. Statutory Framework
VII. Use of Facts Available With an Adverse Inference
VIII. Anti-circumvention Determination
IX. Country-Wide Determination
X. Certification for Not Using Chinese-Origin Butt-Weld Pipe 
Fittings
XI. Recommendation

Appendix II

Certification Requirements

    If an importer imports carbon steel butt-weld pipe fittings 
(butt-weld pipe fittings) from Malaysia and claims that the butt-
weld pipe fittings were completed in Malaysia using finished or 
unfinished butt-weld pipe fittings manufactured of non-Chinese 
origin, 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 and attached as Appendix IV. The importer 
certification must be completed, signed, and dated by 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 on behalf of the importer.
    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 and all supporting 
documentation. The exporter certification must be completed, signed, 
and dated by the time of shipment of the relevant entries. The 
exporter certification should be completed by the party selling the 
merchandise manufactured in Malaysia to the United States, which is 
not necessarily the producer of the product.
    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 Commerce 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 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 antidumping duty (AD) order on butt-weld 
pipe fittings from the People's Republic of China, A-570-814, all 
unliquidated entries for which these requirements were not met and 
require the importer to post applicable AD cash deposits equal to 
the rates as determined by Commerce. Entries suspended under A-570-
814 will be liquidated pursuant to applicable administrative reviews 
of the China AD order or through the automatic liquidation process.
    For butt-weld pipe fittings completed in Malaysia from finished 
or unfinished butt-weld pipe fittings manufactured in China, 
Commerce has established the following third-country case number in 
the Automated Commercial Environment (ACE): A-557-994.
    For entries 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, 
August 21, 2017 (the date of initiation of this anti-circumvention 
inquiry) through the date of publication of the preliminary 
determination in the Federal Register, for which certifications are 
required, the importer and exporter certifications should be 
completed within 45 days of publication of the preliminary 
determination in the Federal Register. Accordingly, the relevant 
bullet in the certification should be edited to reflect that the 
certification was completed within this time frame. 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 mm/dd/yyyy publication of the 
Preliminary Determination Federal Register notice. This 
certification was completed on mm/dd/yyyy, within 45 days of the 
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 mm/dd/
yyyy publication of the Preliminary Determination Federal Register 
notice. This certification was completed on mm/dd/yyyy, within 45 
days of the Federal Register notice publication.'' For such entries, 
importers and exporters each have the option to complete a blanket 
certification covering multiple entries, individual certifications 
for each entry, or a combination thereof. The importer 
certifications, and copies of the exporter certifications, should be 
maintained by the importer and provided to CBP or Commerce only upon 
request by the respective agency. The exporter must provide the 
importer a copy of the exporter certification within 45 days of the 
publication of the preliminary determination in the Federal 
Register.
    For unliquidated entries (and entries for which liquidation has 
not become final) of merchandise entered as type 01 entries that 
were shipped and/or entered, or withdrawn from warehouse, for 
consumption during the period, August 21, 2017 (the date of 
initiation of this anti-circumvention inquiry) through the date of 
publication of the preliminary determination in the Federal 
Register, for which certifications are required, importers should 
file a Post Summary Correction with CBP, in accordance with CBP's 
regulations, regarding conversion of such entries from type 01 to 
type 03 entries and report those type 03 entries using the third-
country case

[[Page 35208]]

number, A-557-994. Similarly, the importer should pay cash deposits 
on those entries consistent with the regulations governing post 
summary corrections that require payment of additional duties.

Appendix III

Importer Certification

    I hereby certify that:
     My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {IMPORTING COMPANY{time} ;
     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){time}  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 substrate 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{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 {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 (Commerce);
     I understand that {IMPORTING COMPANY{time}  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{time} is required 
to maintain and provide a copy of the exporter's certification and 
supporting records, upon request, 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:
    [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 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

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TITLE

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Appendix IV

Exporter Certification

    I hereby certify that:
     My name is {COMPANY OFFICIAL'S NAME HERE{time}  and I 
am an official of {NAME OF EXPORTING COMPANY{time} ;
     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;
     These 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{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 {NAME OF EXPORTING COMPANY{time}  
must provide this Exporter Certification to the U.S. importer by the 
time of shipment. The shipments/products referenced herein shipped 
before the mm/dd/yyyy publication of the Preliminary Determination 
Federal Register notice. This certification was completed on DD/MM/
YY, within 45 days of the Federal Register notice publication;
     I understand that {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 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 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

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TITLE

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DATE

[FR Doc. 2018-15882 Filed 7-24-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                            Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices                                                    35205

                                               FOR FURTHER INFORMATION CONTACT:                         § 705.6 of the regulations. Anyone                    NW, Washington, DC 20230; telephone:
                                               Michael Vaccaro, Acting Director, Office                 submitting business confidential                      (202) 482–4047 or (202) 482–4031,
                                               of Technology Evaluation, Bureau of                      information should clearly identify the               respectively.
                                               Industry and Security, U.S. Department                   business confidential portion of the                  SUPPLEMENTARY INFORMATION:
                                               of Commerce (202) 482–4060,                              submission, file a statement justifying
                                               Uranium232@bis.doc.gov. For more                         nondisclosure and referring to the                    Background
                                               information about the section 232                        specific legal authority claimed, and                    On July 6, 1992, Commerce issued the
                                               program, including the regulations and                   provide a non-confidential submission                 AD order on imports of butt-weld pipe
                                               the text of previous investigations, see                 which can be placed in the public file.               fittings from China.1 Additionally, on
                                               www.bis.doc.gov/232.                                     Communications from agencies of the                   March 31, 1994, Commerce issued an
                                               SUPPLEMENTARY INFORMATION:                               United States Government will not be                  affirmative final anti-circumvention
                                                                                                        made available for public inspection. If              determination finding that imports into
                                               Background
                                                                                                        public hearings are held in support of                the United States of pipe fittings that
                                                 On July 18, 2018, the Secretary of                     this investigation, a separate Federal                were finished in Thailand from
                                               Commerce (‘‘Secretary’’) initiated an                    Register notice will be published.                    unfinished pipe fittings produced in
                                               investigation under section 232 of the                      The Bureau of Industry and Security                China constituted circumvention of the
                                               Trade Expansion Act of 1962, as                          does not maintain a separate public                   Order within the meaning of section
                                               amended (19 U.S.C. 1862), to determine                   inspection facility. Requesters should                781(b) of the Tariff Act of 1930, as
                                               the effects on the national security of                  first view the Bureau’s web page, which               amended (the Act).2 Commerce applied
                                               imports of uranium.                                      can be found at https://                              this finding of circumvention to all
                                               Written Comments                                         efoia.bis.doc.gov/ (see ‘‘Electronic                  imports of butt-weld pipe fittings from
                                                                                                        FOIA’’ heading). If requesters cannot                 Thailand, regardless of manufacturer/
                                                  This investigation is being undertaken                access the website, they may call 202–
                                               in accordance with part 705 of the                                                                             producer, unless accompanied by a
                                                                                                        482–0795 for assistance. The records                  certification stating that such pipe
                                               National Security Industrial Base                        related to this assessment are made
                                               Regulations (15 CFR parts 700 to 709)                                                                          fittings have not been produced from
                                                                                                        accessible in accordance with the                     unfinished pipe fittings sourced from
                                               (‘‘NSIBR’’). Interested parties are invited              regulations published in part 4 of title
                                               to submit written comments, data,                                                                              China.3
                                                                                                        15 of the Code of Federal Regulations                    On May 22, 2017, Tube Forgings of
                                               analyses, or information pertinent to                    (15 CFR 4.1 et seq.).
                                               this investigation to the Office of                                                                            America, Inc., Mills Iron Works, Inc.,
                                               Technology Evaluation, U.S.                                Dated: July 19, 2018.                               and Hackney Ladish, Inc., (collectively,
                                               Department of Commerce (‘‘the                            Wilbur Ross,                                          the domestic parties), alleged that
                                               Department’’), no later than September                   Secretary of Commerce.                                imports of butt-weld pipe fittings which
                                               10, 2018.                                                [FR Doc. 2018–15891 Filed 7–24–18; 8:45 am]           were completed in Malaysia using
                                                  The Department is particularly                        BILLING CODE 3510–33–P
                                                                                                                                                              finished or unfinished butt-weld pipe
                                               interested in comments and information                                                                         fittings sourced from China are
                                               directed to the criteria listed in § 705.4                                                                     circumventing the Order.4 In their
                                               of the regulations as they affect national               DEPARTMENT OF COMMERCE                                allegation, the domestic parties
                                               security, including the following: (a)                                                                         requested that Commerce initiate an
                                               Quantity of or other circumstances                       International Trade Administration                    anti-circumvention inquiry pursuant to
                                               related to the importation of uranium;                   [A–570–814]                                           section 781(b) of the Act, and 19 CFR
                                               (b) Domestic production and productive                                                                         351.225(h), to determine whether
                                               capacity needed for uranium to meet                      Carbon Steel Butt-Weld Pipe Fittings                  imports of butt-weld pipe fittings
                                               projected national defense                               From the People’s Republic of China:                  sourced from unfinished or finished
                                               requirements; (c) Existing and                           Preliminary Affirmative Determination                 butt-weld pipe fittings from the PRC
                                               anticipated availability of human                        of Circumvention of the Antidumping                   have undergone minor finishing
                                               resources, products, raw materials,                      Duty Order                                            processes, or were simply marked with
                                               production equipment, and facilities to                                                                        ‘‘Malaysia’’ as the country of origin, in
                                               produce uranium; (d) Growth                              AGENCY:  Enforcement and Compliance,                  Malaysia, before export to the United
                                               requirements of the uranium industry to                  International Trade Administration,                   States constitutes circumvention of the
                                               meet national defense requirements                       Department of Commerce.                               Order. The domestic parties also
                                               and/or requirements to assure such                       SUMMARY: The Department of Commerce                   requested that Commerce reach an
                                               growth; (e) The impact of foreign                        (Commerce) preliminarily determines                   affirmative determination of
                                               competition on the economic welfare of                   that carbon steel butt-weld pipe fittings             circumvention for all imports of butt-
                                               the uranium industry; (f) The                            (butt-weld pipe fittings) exported from
                                               displacement of any domestic uranium                     Malaysia, which were completed in                       1 See Antidumping Duty Order and Amendment


                                               production causing substantial                           Malaysia using finished or unfinished                 to the Final Determination of Sales at Less Than
                                                                                                        butt-weld pipe fittings sourced from the              Fair Value; Certain Carbon Steel Butt-Weld Pipe
                                               unemployment, decrease in the                                                                                  Fittings from the People’s Republic of China, 57 FR
                                               revenues of government, loss of                          People’s Republic of China (China), are               29702 (July 6, 1992) (Order).
                                               investment or specialized skills and                     circumventing the antidumping duty                      2 See Certain Carbon Steel Butt-Weld Pipe Fittings

                                               productive capacity, or other serious                    (AD) order on butt-weld pipe fittings                 from the People’s Republic of China; Affirmative
                                                                                                        from China.                                           Final Determination of Circumvention of
                                               effects; (g) Relevant factors that are
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                                                                                                                                                              Antidumping Duty Order, 59 FR 15155 (March 31,
                                               causing or will cause a weakening of our                 DATES: Applicable July 25, 2018.                      1994).
                                               national economy; and (h) Any other                      FOR FURTHER INFORMATION CONTACT: Jerry                  3 Id., at 15158–59.

                                               relevant factors.                                        Huang or Susan Pulongbarit, AD/CVD                      4 See Letter from the domestic parties to the

                                                  Material submitted by members of the                  Operations, Office V, Enforcement and                 Secretary of Commerce, ‘‘Carbon Steel Butt-Weld
                                                                                                                                                              Pipe Fittings from the People’s Republic of China,
                                               public that is business confidential                     Compliance, International Trade                       A–570–814; Request for Circumvention Ruling
                                               information will be exempted from                        Administration, U.S. Department of                    Pursuant to Section 781(b) of the Tariff Act of
                                               public disclosure as provided for by                     Commerce, 1401 Constitution Avenue                    1930,’’ dated May 22, 2017.



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                                               35206                        Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices

                                               weld pipe fittings from Malaysia,                        Preliminary Finding                                      Butt-weld pipe fittings completed in
                                               regardless of producer or exporter.                                                                             Malaysia from finished and unfinished
                                                  On August 25, 2017, Commerce                            As detailed in the Preliminary
                                                                                                                                                               butt-weld pipe fittings that are not of
                                               published in the Federal Register the                    Decision Memorandum, we
                                                                                                                                                               Chinese-origin are not subject to this
                                               notice of initiation of this anti-                       preliminarily determine that butt-weld
                                                                                                                                                               inquiry. Therefore, cash deposits are not
                                               circumvention inquiry.5 For a complete                   pipe fittings exported from Malaysia,
                                                                                                                                                               required for such merchandise, subject
                                               description of the events that followed                  which were completed in Malaysia
                                                                                                                                                               to the following certification
                                               the initiation of this inquiry, see the                  using finished or unfinished butt-weld
                                                                                                                                                               requirements.9 An importer of butt-weld
                                               Preliminary Decision Memorandum.6 A                      pipe fittings from China, or were simply
                                                                                                                                                               pipe fittings from Malaysia claiming
                                               list of topics included in the                           marked with ‘‘Malaysia’’ as the country
                                                                                                                                                               that its butt-weld pipe fittings were not
                                               Preliminary Decision Memorandum is                       of origin are circumventing the Order.
                                                                                                                                                               completed from finished and unfinished
                                               included as Appendix I to this notice.                   As such, we preliminarily determine
                                                                                                                                                               Chinese butt-weld pipe fittings must
                                               The Preliminary Decision Memorandum                      that it is appropriate to include this
                                                                                                                                                               meet the certification and
                                               is a public document and is on file                      merchandise within the Order and to
                                                                                                                                                               documentation requirements described
                                               electronically via Enforcement and                       instruct U.S. Customs and Border
                                                                                                                                                               in Appendix II. Appendix II requires the
                                               Compliance’s Antidumping and                             Protection (CBP) to suspend any entries
                                                                                                                                                               importer to prepare and retain
                                               Countervailing Duty Centralized                          of butt-weld pipe fittings from Malaysia,
                                                                                                                                                               certifications and documents not only
                                               Electronic Service System (ACCESS).                      which were completed in Malaysia
                                                                                                                                                               on its own behalf, but also get a
                                               ACCESS is available to registered users                  using finished or unfinished butt-weld
                                                                                                                                                               certification from the exporter of this
                                               at https://access.trade.gov, and to all                  pipe fittings from China, or were simply
                                                                                                                                                               merchandise. Specifically, importers of
                                               parties in the Central Records Unit,                     marked with ‘‘Malaysia’’ as the country
                                                                                                                                                               such butt-weld pipe fittings must
                                               room B8024 of the main Department of                     of origin. We also preliminarily
                                                                                                                                                               prepare and maintain an Importer
                                               Commerce building. In addition, a                        determine that Arah Dagang Sdn. Bhd.
                                                                                                                                                               Certification (see Appendix III) as well
                                               complete version of the Preliminary                      (Arah Dagang), Solidbend Fittings &
                                                                                                                                                               as documentation supporting the
                                               Decision Memorandum can be accessed                      Flanges Sdn. Bhd. (Solidbend), and
                                                                                                                                                               Importer Certification. Besides the
                                               directly at http://enforcement.trade.gov/                Sumitomo Corporation Asia & Oceania
                                                                                                                                                               Importer Certification, the importer
                                               frn/. The signed and the electronic                      Pte. Ltd. (Sumitomo) have not exported
                                                                                                                                                               must also maintain a copy of the
                                               versions of the Preliminary Decision                     butt-weld pipe fittings which were
                                                                                                                                                               appropriate Exporter Certification (see
                                               Memorandum are identical in content.                     completed in Malaysia using finished or
                                                                                                                                                               Appendix IV) and relevant supporting
                                                                                                        unfinished butt-weld pipe fittings from
                                               Scope of the Order                                                                                              documentation from its exporter of butt-
                                                                                                        China.
                                                                                                                                                               weld pipe fittings that were not
                                                 The products covered by the Order                      Suspension of Liquidation                              completed using Chinese-origin finished
                                               are carbon steel butt-weld pipe fittings.                                                                       and unfinished butt-weld pipe fittings.
                                               For a complete description of the scope                     In accordance with 19 CFR                           Importers must ensure that their
                                               of the Order, see the Preliminary                        351.225(l)(2), Commerce will direct CBP                exporters of butt-weld pipe fittings
                                               Decision Memorandum.7                                    to suspend liquidation and to require a                completed from finished and unfinished
                                                                                                        cash deposit of estimated duties on                    butt-weld pipe fittings of non-Chinese
                                               Scope of the Anti-Circumvention                          unliquidated entries of butt-weld pipe
                                               Inquiry                                                                                                         origin must prepare and maintain an
                                                                                                        fittings completed or simply marked in                 Exporter Certification and
                                                  This anti-circumvention inquiry                       Malaysia from Chinese-origin finished                  documentation supporting the Exporter
                                               covers butt-weld pipe fittings exported                  or unfinished butt-weld pipe fittings                  Certification (see Appendix IV).
                                               from Malaysia to the United States,                      that were entered, or withdrawn from
                                               which were completed in Malaysia                         warehouse, for consumption on or after                 Verification
                                               using finished or unfinished butt-weld                   August 21, 2017, the date of initiation                  As provided in 19 CFR 351.307,
                                               pipe fittings sourced from China                         of the anti-circumvention inquiry.                     Commerce intends to verify information
                                               (inquiry merchandise). This preliminary                     The suspension of liquidation                       relied upon in making its final
                                               ruling applies to all shipments of                       instructions will remain in effect until               determination.
                                               inquiry merchandise on or after the date                 further notice. Commerce will instruct
                                               of the initiation of this inquiry.                       CBP to require AD cash deposits equal                  Public Comment
                                               Methodology                                              to the China-wide rate of 182.90                          Case briefs or other written comments
                                                                                                        percent, unless the importer/exporter                  may be submitted to the Assistant
                                                 Commerce is conducting this anti-                      can certify to CBP that the Chinese-                   Secretary for Enforcement and
                                               circumvention inquiry in accordance                      origin finished or unfinished butt-weld                Compliance no later than seven days
                                               with section 781(b) of the Act. For a full               pipe fittings completed in Malaysia                    after the date on which the last final
                                               description of the methodology                           were supplied by a Chinese                             verification report is issued in this anti-
                                               underlying Commerce’s preliminary                        manufacturer with a company-specific                   circumvention inquiry, unless the
                                               determination, see the Preliminary                       separate rate. In that instance, the cash              Secretary alters the time limit. Rebuttal
                                               Decision Memorandum.                                     deposit rate will be the rate of the                   briefs, limited to issues raised in case
                                                 5 See Carbon Steel Butt-Weld Pipe Fittings from
                                                                                                        Chinese butt-weld pipe fittings                        briefs, may be submitted no later than
                                               the People’s Republic of China: Initiation of Anti-      manufacturer that has its own rate.8                   five days after the deadline date for case
                                               Circumvention Inquiry on the Antidumping Duty
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                                               Order, 82 FR 40556 (August 25, 2017).                      8 See, e.g., Glycine from the People’s Republic of     9 In light of our preliminary determination that
                                                 6 See Memorandum, ‘‘Preliminary Decision
                                                                                                        China: Preliminary Partial Affirmative                 Arah Dagang, Solidbend, and Sumitomo have not
                                               Memorandum for the Anti-Circumvention Inquiry            Determination of Circumvention of the                  exported butt-weld pipe fittings which were
                                               on the Antidumping Duty Order on Certain Carbon          Antidumping Duty Order and Initiation of Scope         completed or marked in Malaysia using finished or
                                               Steel Butt-Weld Pipe Fittings from the People’s          Inquiry, 77 FR 21532, 21535 (April 10, 2012),          unfinished butt-weld pipe fittings from China, we
                                               Republic of China,’’ dated concurrently with, and        unchanged in Glycine from the People’s Republic of     will not instruct CBP to suspend liquidation of any
                                               hereby adopted by, this notice (Preliminary              China: Final Partial Affirmative Determination of      unliquidated entries of non-Chinese origin butt-
                                               Decision Memorandum).                                    Circumvention of the Antidumping Duty Order, 77        weld pipe fittings, subject to their meeting the
                                                 7 Id.                                                  FR 73426 (December 10, 2012).                          certification requirements.



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                                                                            Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices                                                 35207

                                               briefs.10 Pursuant to 19 CFR                             II. Background                                        AD cash deposits equal to the rates as
                                               351.309(c)(2) and (d)(2), parties who                    III. Scope of the Order                               determined by Commerce. Entries suspended
                                               submit case briefs or rebuttal briefs in                 IV. Scope of the Anti-Circumvention Inquiry           under A–570–814 will be liquidated
                                                                                                        V. Period of Inquiry                                  pursuant to applicable administrative
                                               this anti-circumvention inquiry are
                                                                                                        VI. Statutory Framework                               reviews of the China AD order or through the
                                               encouraged to submit with each                           VII. Use of Facts Available With an Adverse           automatic liquidation process.
                                               argument: (1) A statement of the issue;                        Inference                                          For butt-weld pipe fittings completed in
                                               (2) a brief summary of the argument;                     VIII. Anti-circumvention Determination                Malaysia from finished or unfinished butt-
                                               and (3) a table of authorities.                          IX. Country-Wide Determination                        weld pipe fittings manufactured in China,
                                                  Pursuant to 19 CFR 351.310(c),                        X. Certification for Not Using Chinese-Origin         Commerce has established the following
                                               interested parties who wish to request a                       Butt-Weld Pipe Fittings                         third-country case number in the Automated
                                               hearing, limited to issues raised in the                 XI. Recommendation                                    Commercial Environment (ACE): A–557–994.
                                               case and rebuttal briefs, must submit a                                                                           For entries suspended pursuant to the
                                                                                                        Appendix II                                           preliminary determination of this anti-
                                               written request to the Assistant
                                                                                                        Certification Requirements                            circumvention inquiry that were shipped
                                               Secretary for Enforcement and                                                                                  and/or entered, or withdrawn from
                                               Compliance, U.S. Department of                              If an importer imports carbon steel butt-          warehouse, for consumption during the
                                               Commerce, within 30 days after the date                  weld pipe fittings (butt-weld pipe fittings)          period, August 21, 2017 (the date of initiation
                                               of publication of this notice. Requests                  from Malaysia and claims that the butt-weld           of this anti-circumvention inquiry) through
                                                                                                        pipe fittings were completed in Malaysia              the date of publication of the preliminary
                                               should contain the party’s name,                         using finished or unfinished butt-weld pipe
                                               address, and telephone number, the                                                                             determination in the Federal Register, for
                                                                                                        fittings manufactured of non-Chinese origin,          which certifications are required, the
                                               number of participants, whether any                      the importer is required to complete and
                                               participant is a foreign national, and a                                                                       importer and exporter certifications should
                                                                                                        maintain the importer certification, attached         be completed within 45 days of publication
                                               list of the issues to be discussed. If a                 as Appendix III. The importer is further              of the preliminary determination in the
                                               request for a hearing is made, Commerce                  required to maintain a copy of the exporter
                                                                                                                                                              Federal Register. Accordingly, the relevant
                                               intends to hold the hearing at the U.S.                  certification, discussed below and attached
                                                                                                                                                              bullet in the certification should be edited to
                                               Department of Commerce, 1401                             as Appendix IV. The importer certification
                                                                                                                                                              reflect that the certification was completed
                                                                                                        must be completed, signed, and dated by the
                                               Constitution Avenue NW, Washington,                                                                            within this time frame. For example, the
                                                                                                        time of filing of the entry summary for the
                                               DC 20230, at a time and date to be                                                                             bullet in the importer certification that reads:
                                                                                                        relevant importation. Where the importer
                                               determined. Parties should confirm by                                                                          ‘‘This certification was completed by the
                                                                                                        uses a broker to facilitate the entry process,
                                               telephone the date, time, and location of                                                                      time of filing the entry summary,’’ could be
                                                                                                        it should obtain the entry number from the
                                               the hearing two days before the                                                                                edited as follows: ‘‘The shipments/products
                                                                                                        broker. Agents of the importer, such as
                                                                                                                                                              referenced herein entered before the mm/dd/
                                               scheduled date.                                          brokers, however, are not permitted to make
                                                                                                        this certification on behalf of the importer.         yyyy publication of the Preliminary
                                               International Trade Commission                              The exporter is required to complete and           Determination Federal Register notice.
                                               Notification                                             maintain the exporter certification, attached         This certification was completed on mm/dd/
                                                                                                        as Appendix IV, and is further required to            yyyy, within 45 days of the Federal Register
                                                  Commerce, consistent with section                                                                           notice publication.’’ Similarly, the bullet in
                                                                                                        provide the importer a copy of that
                                               781(e) of the Act, has notified the                      certification and all supporting                      the exporter certification that reads, ‘‘This
                                               International Trade Commission (ITC) of                  documentation. The exporter certification             certification was completed by the time of
                                               this preliminary determination to                        must be completed, signed, and dated by the           shipment,’’ could be edited as follows: ‘‘The
                                               include the merchandise subject to this                  time of shipment of the relevant entries. The         shipments/products referenced herein
                                               anti-circumvention inquiry within the                    exporter certification should be completed by         shipped before the mm/dd/yyyy publication
                                               Order. Pursuant to section 781(e) of the                 the party selling the merchandise                     of the Preliminary Determination Federal
                                                                                                        manufactured in Malaysia to the United                Register notice. This certification was
                                               Act, the ITC may request consultations                                                                         completed on mm/dd/yyyy, within 45 days
                                               concerning Commerce’s proposed                           States, which is not necessarily the producer
                                                                                                        of the product.                                       of the Federal Register notice publication.’’
                                               inclusion of the inquiry merchandise. If,                                                                      For such entries, importers and exporters
                                                                                                           The importer will not be required to
                                               after consultations, the ITC believes that               submit the certifications or supporting               each have the option to complete a blanket
                                               a significant injury issue is presented by               documentation to CBP as part of the entry             certification covering multiple entries,
                                               the proposed inclusion, it will have 60                  process. However, the importer and the                individual certifications for each entry, or a
                                               days from the date of notification by                    exporter will be required to present the              combination thereof. The importer
                                               Commerce to provide written advice.                      certifications and supporting documentation,          certifications, and copies of the exporter
                                                                                                        to Commerce and/or U.S. Customs and                   certifications, should be maintained by the
                                               Notification to Interested Parties                       Border Protection (CBP), as applicable, upon          importer and provided to CBP or Commerce
                                                 This determination is issued and                       request by the respective agency.                     only upon request by the respective agency.
                                                                                                        Additionally, the claims made in the                  The exporter must provide the importer a
                                               published in accordance with section                                                                           copy of the exporter certification within 45
                                                                                                        certifications and any supporting
                                               781(b) of the Act and 19 CFR 351.225(f).                 documentation are subject to verification by          days of the publication of the preliminary
                                                 Dated: July 18, 2018.                                  Commerce and/or CBP. The importer and                 determination in the Federal Register.
                                               Gary Taverman,                                           exporter are required to maintain the                    For unliquidated entries (and entries for
                                                                                                        certifications and supporting documentation           which liquidation has not become final) of
                                               Deputy Assistant Secretary for Antidumping
                                                                                                        for the later of (1) a period of five years from      merchandise entered as type 01 entries that
                                               and Countervailing Duty Operations,
                                                                                                        the date of entry or (2) a period of three years      were shipped and/or entered, or withdrawn
                                               performing the non-exclusive functions and
                                                                                                        after the conclusion of any litigation in             from warehouse, for consumption during the
                                               duties of the Assistant Secretary for
                                                                                                        United States courts regarding such entries.          period, August 21, 2017 (the date of initiation
                                               Enforcement and Compliance.
                                                                                                        If it is determined that the certification and/       of this anti-circumvention inquiry) through
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                                               Appendix I                                               or documentation requirements in a                    the date of publication of the preliminary
                                                                                                        certification have not been met, Commerce             determination in the Federal Register, for
                                               List of Topics Discussed in the Preliminary              intends to instruct CBP to suspend, under the         which certifications are required, importers
                                               Decision Memorandum                                      antidumping duty (AD) order on butt-weld              should file a Post Summary Correction with
                                               I. Summary                                               pipe fittings from the People’s Republic of           CBP, in accordance with CBP’s regulations,
                                                                                                        China, A–570–814, all unliquidated entries            regarding conversion of such entries from
                                                  10 See 19 CFR 351.309; see also 19 CFR 351.303        for which these requirements were not met             type 01 to type 03 entries and report those
                                               (for general filing requirements).                       and require the importer to post applicable           type 03 entries using the third-country case



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                                               35208                        Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices

                                               number, A–557–994. Similarly, the importer                  • I understand that failure to maintain the        supporting records, upon request, to U.S.
                                               should pay cash deposits on those entries                required certification and/or failure to              Customs and Border Protection (CBP) and/or
                                               consistent with the regulations governing                substantiate the claims made herein will              the Department of Commerce (Commerce);
                                               post summary corrections that require                    result in:                                              • I understand that the claims made
                                               payment of additional duties.                               Æ suspension of liquidation of all                 herein, and the substantiating
                                                                                                        unliquidated entries (and entries for which           documentation, are subject to verification by
                                               Appendix III                                             liquidation has not become final) for which           CBP and/or Commerce;
                                               Importer Certification                                   these requirements were not met; and                    • I understand that failure to maintain the
                                                                                                           Æ the requirement that the importer post           required certification and/or failure to
                                                  I hereby certify that:                                applicable antidumping duty (AD) and/or               substantiate the claims made herein will
                                                  • My name is {COMPANY OFFICIAL’S                      countervailing duty (CVD) cash deposits (as           result in:
                                               NAME} and I am an official of {IMPORTING                 appropriate) equal to the rates determined by
                                               COMPANY};                                                                                                        Æ suspension of all unliquidated entries
                                                                                                        Commerce;                                             (and entries for which liquidation has not
                                                  • I have direct personal knowledge of the                • I understand that agents of the importer,
                                               facts regarding the importation into the                                                                       become final) for which these requirements
                                                                                                        such as brokers, are not permitted to make            were not met; and
                                               Customs territory of the United States of the            this certification;
                                               carbon steel butt-weld pipe fittings                                                                             Æ the requirement that the importer post
                                                                                                           • This certification was completed by the          applicable antidumping duty (AD) and/or
                                               completed in Malaysia that entered under                 time of filing the entry summary; and
                                               entry number(s) {INSERT ENTRY                                                                                  countervailing duty (CVD) cash deposits (as
                                                                                                           • I am aware that U.S. law (including, but         appropriate) equal to the rates as determined
                                               NUMBER(S)} and are covered by this                       not limited to, 18 U.S.C. 1001) imposes
                                               certification. ‘‘Direct personal knowledge’’                                                                   by Commerce;
                                                                                                        criminal sanctions on individuals who                   • This certification was completed at or
                                               refers to facts the certifying party is expected         knowingly and willfully make material false
                                               to have in its own records. For example, the                                                                   prior to the time of shipment; and
                                                                                                        statements to the U.S. government.                      • I am aware that U.S. law (including, but
                                               importer should have ‘‘direct personal                   Signature llllllllllllllll
                                               knowledge’’ of the importation of the product                                                                  not limited to, 18 U.S.C. 1001) imposes
                                                                                                        NAME OF COMPANY OFFICIAL                              criminal sanctions on individuals who
                                               (e.g., the name of the exporter) in its records;
                                                  • I have personal knowledge of the facts              lllllllllllllllllllll                                 knowingly and willfully make material false
                                               regarding the production of the imported                 TITLE                                                 statements to the U.S. government.
                                               products covered by this certification.                  lllllllllllllllllllll                                 Signature llllllllllllllll
                                               ‘‘Personal knowledge’’ includes facts                                                                          NAME OF COMPANY OFFICIAL
                                               obtained from another party, (e.g.,                      Appendix IV                                           lllllllllllllllllllll
                                               correspondence received by the importer (or              Exporter Certification                                TITLE
                                               exporter) from the producer regarding the                                                                      lllllllllllllllllllll
                                               source of the substrate used to produce the                 I hereby certify that:
                                                                                                           • My name is {COMPANY OFFICIAL’S                   DATE
                                               imported products);
                                                  • The carbon steel butt-weld pipe fittings            NAME HERE} and I am an official of {NAME              [FR Doc. 2018–15882 Filed 7–24–18; 8:45 am]
                                               completed in Malaysia do not contain                     OF EXPORTING COMPANY};                                BILLING CODE 3510–DS–P
                                               finished or unfinished butt-weld pipe fittings              • I have direct personal knowledge of the
                                               manufactured in the People’s Republic of                 facts regarding the production and
                                               China;                                                   exportation of the carbon steel butt-weld pipe        DEPARTMENT OF COMMERCE
                                                  • I understand that {IMPORTING                        fittings identified below. ‘‘Direct personal
                                               COMPANY} is required to maintain a copy                  knowledge’’ refers to facts the certifying party      International Trade Administration
                                               of this certification and sufficient                     is expected to have in its own books and
                                               documentation supporting this certification              records. For example, an exporter should
                                                                                                        have ‘‘direct personal knowledge’’ of the             [C–570–968]
                                               (i.e., documents maintained in the normal
                                               course of business, or documents obtained by             producer’s identity and location;
                                                                                                           • These carbon steel butt-weld pipe                Aluminum Extrusions From the
                                               the certifying party, for example, mill                                                                        People’s Republic of China: Final
                                               certificates, productions records, invoices,             fittings completed in Malaysia do not contain
                                               etc.) for the later of (1) a period of five years        finished or unfinished butt-weld pipe fittings        Results of Countervailing Duty
                                               from the date of entry or (2) a period of three          manufactured in the People’s Republic of              Administrative Review; 2016
                                               years after the conclusion of any litigation in          China;
                                                                                                           • I understand that {NAME OF                       AGENCY:  Enforcement and Compliance,
                                               the United States courts regarding such
                                               entries;                                                 EXPORTING COMPANY} is required to                     International Trade Administration,
                                                  • I understand that {IMPORTING                        maintain a copy of this certification and             Department of Commerce.
                                               COMPANY}is required to provide this                      sufficient documentation supporting this              SUMMARY: The Department of Commerce
                                               certification and supporting records, upon               certification (i.e., documents maintained in          (Commerce) determines that Liaoning
                                               request, to U.S. Customs and Border                      the normal course of business, or documents           Zhongwang Group Co. Ltd. (Liaoning)
                                               Protection (CBP) and/or the Department of                obtained by the certifying party, for example,
                                                                                                        mill certificates, productions records,
                                                                                                                                                              and Liaoyang Zhongwang Aluminum
                                               Commerce (Commerce);
                                                  • I understand that {IMPORTING                        invoices, etc.) for the later of (1) a period of      Profile Co. Ltd. (Liaoyang), exporters/
                                               COMPANY} is required to maintain a copy                  five years from the date of entry or (2) a            producers of aluminum extrusions from
                                               of the exporter’s certification, (attesting to the       period of three years after the conclusion of         the People’s Republic of China (China),
                                               production and/or export of the imported                 any litigation in the United States courts            received countervailable subsidies
                                               merchandise identified above), for the later of          regarding such entries;                               during the period of review (POR)
                                               (1) a period of five years from the date of                 • I understand that {NAME OF                       January 1, 2016, through December 31,
                                               entry or (2) a period of three years after the           EXPORTING COMPANY} must provide this                  2016.
                                               conclusion of any litigation in United States            Exporter Certification to the U.S. importer by
                                               courts regarding such entries;                           the time of shipment. The shipments/                  DATES: Applicable July 25, 2018.
                                                  • I understand that {IMPORTING                        products referenced herein shipped before             FOR FURTHER INFORMATION CONTACT:
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                                               COMPANY}is required to maintain and                      the mm/dd/yyyy publication of the                     Davina Friedmann AD/CVD Operations,
                                               provide a copy of the exporter’s certification           Preliminary Determination Federal Register            Office VI, Enforcement and Compliance,
                                               and supporting records, upon request, to CBP             notice. This certification was completed on           International Trade Administration,
                                               and/or Commerce;                                         DD/MM/YY, within 45 days of the Federal               U.S. Department of Commerce, 1401
                                                  • I understand that the claims made                   Register notice publication;
                                               herein, and the substantiating                              • I understand that {NAME OF
                                                                                                                                                              Constitution Avenue NW, Washington,
                                               documentation, are subject to verification by            EXPORTING COMPANY} is required to                     DC 20230; telephone: (202) 482–0698.
                                               CBP and/or Commerce;                                     provide a copy of this certification and              SUPPLEMENTARY INFORMATION:



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Document Created: 2018-07-25 00:44:06
Document Modified: 2018-07-25 00:44:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable July 25, 2018.
ContactJerry Huang or Susan Pulongbarit, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4047 or (202) 482-4031, respectively.
FR Citation83 FR 35205 

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