Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Notices 57931 

1See Certain Collated Steel Staples from the 

People’s Republic of China: Antidumping Duty 

Order, 85 FR 43815 (July 20, 2020) (Collated Staples 

AD Order) and Certain Collated Steel Staples from 

the People’s Republic of China: Countervailing Duty 

Order, 85 FR 43813 (July 20, 2020) (Collated Staples 

CVD Order) (collectively, Orders). 

2See Certain Collated Steel Staples from the 

People’s Republic of China: Initiation of 

Circumvention Inquiries on the Antidumping Duty 

and Countervailing Duty Orders, 87 FR 78047 

(December 21, 2022) (Initiation Notice). 

3See Memorandum, ‘‘Identification of Mandatory 

Respondents,’’ dated March 3, 2023; see also 

Memorandum, ‘‘Kingdom of Thailand Respondent 

Identification,’’ dated March 7, 2023. 

4See Memorandum, ‘‘Extension of Preliminary 

Determination,’’ dated May 11, 2023. 

5See Memoranda, ‘‘Certain Collated Steel Staples 

from the People’s Republic of China: Preliminary 

Decision Memorandum for the Circumvention 

Inquiry with Respect to the Kingdom of Thailand,’’ 

and ‘‘Certain Collated Steel Staples from the 

People’s Republic of China: Preliminary Decision 

Memorandum for the Circumvention Inquiry with 

Respect to the Socialist Republic of Vietnam,’’ each 

dated concurrently with, and hereby adopted by, 

this notice (collectively, Preliminary Decision 

Memoranda). 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–112, C–570–113] 

Antidumping and Countervailing Duty 

Orders on Certain Collated Steel 

Staples From the People’s Republic of 

China: Preliminary Affirmative 

Determinations of Circumvention With 

Respect to the Kingdom of Thailand 

and the Socialist Republic of Vietnam 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that imports of certain 

collated steel staples (collated staples) 

that were: (1) exported from the 

Kingdom of Thailand (Thailand) using 

inputs (i.e., steel wire and wire band) 

manufactured in the People’s Republic 

of China (China), and (2) exported from 

the Socialist Republic of Vietnam 

(Vietnam) using wire band 

manufactured in China, as specified 

below, are circumventing the 

antidumping duty (AD) and 

countervailing duty (CVD) orders on 

collated staples from China. 

DATES: Applicable August 24, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Brian Smith (Thailand) and Shane 

Subler (Vietnam), Office VIII, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1766 

and (202) 482–6241, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 20, 2020, Commerce 

published in the Federal Register AD 

and CVD orders on U.S. imports of 

collated staples from China.1 On 

December 14, 2022, pursuant to section 

781(b) of the Tariff Act of 1930, as 

amended (the Act), and 19 CFR 

351.226(d)(1)(ii), Commerce initiated 

country-wide circumvention inquiries 

to determine whether imports of 

collated staples, completed in Thailand 

and Vietnam (collectively, the third 

countries), using inputs (i.e., steel wire 

and wire bands) manufactured in China, 

are circumventing the Orders and, 

accordingly, should be covered by the 

scope of the Orders.2 On March 3 and 

7, 2023, Commerce selected two 

respondents from each of the examined 

third countries as the mandatory 

respondents in these circumvention 

inquiries.3

On May 11, 2023, Commerce 

extended the deadline for issuing the 

preliminary determinations in these 

circumvention inquiries by 88 days, 

until August 18, 2023.4 For a complete 

description of the events that followed 

the initiation of these circumvention 

inquiries, see the Preliminary Decision 

Memoranda.5 The topics included in the 

Preliminary Decision Memoranda are 

identified in Appendix I of this notice. 

The Preliminary Decision Memoranda 

are public documents and are 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. In addition, a 

complete version of the Preliminary 

Decision Memoranda can be accessed 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. 

Scope of the Orders 

The merchandise covered by the 

Orders is certain collated steel staples. 

For a full description of the scope of the 

Orders, see the Preliminary Decision 

Memoranda. 

Merchandise Subject to the 

Circumvention Inquiries 

These circumvention inquiries cover 

collated staples, assembled or 

completed in Thailand using Chineseorigin steel wire and/or wire bands, and 

in Vietnam using Chinese-origin wire 

bands, that are subsequently exported 

from Thailand and Vietnam to the 

United States (inquiry merchandise). 

Methodology 

Commerce made these preliminary 

circumvention determinations in 

accordance with section 781(b) of the 

Act and 19 CFR 351.226. For a full 

description of the methodology 

underlying the preliminary 

determinations, see the Preliminary 

Decision Memoranda. 

Preliminary Circumvention 

Determinations 

We preliminarily determine that 

collated staples, assembled or 

completed in Thailand by the entities 

identified in Appendix II of this notice, 

using Chinese-origin steel wire, and/or 

wire bands, that are subsequently 

exported from Thailand to the United 

States, are circumventing the Orders. 

For a detailed explanation of our 

determinations with respect to the 

entities identified in Appendix II, see 

the Preliminary Decision Memorandum 

for Thailand. 

We also preliminarily determine that 

collated staples, assembled or 

completed in Vietnam by the entities 

identified in Appendix II of this notice, 

using Chinese-origin wire bands, that 

are subsequently exported from Vietnam 

to the United States, are circumventing 

the Orders. For a detailed explanation of 

our determinations with respect to the 

entities identified in Appendix II, see 

the Preliminary Decision Memorandum 

for Vietnam and the ‘‘Use of Adverse 

Facts Available’’ section, below. 

As detailed in the Preliminary 

Decision Memoranda, we also 

preliminarily determine that U.S. 

imports of inquiry merchandise 

exported from Thailand and Vietnam 

are circumventing the Orders on a 

country-wide basis. 

See the ‘‘Suspension of Liquidation 

and Cash Deposit Requirements’’ 

section below for details regarding 

suspension of liquidation and cash 

deposit requirements. See the 

‘‘Certification’’ and ‘‘Certification 

Requirements’’ sections below for 

details regarding the use of certifications 

for inquiry merchandise exported from 

Thailand and/or Vietnam. 

Use of Adverse Facts Available 

Pursuant to section 776(a) of the Act, 

if necessary information is not available 

on the record, or an interested party 

withholds requested information, fails 

to provide requested information by the 

deadline or in the form and manner 

requested, or significantly impedes a 

proceeding, Commerce shall use the 

facts otherwise available in reaching the 

applicable determination. Moreover, 

pursuant to section 776(b) of the Act, 


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6Commerce continues to consider the process by 

which companies may demonstrate eligibility for 

the certification program in future segments of the 

collated staples proceedings. Commerce encourages 

interested parties to provide comments on this topic 

in their case briefs. 

7See 19 CFR 351.213(b). 

8See 19 CFR 351.226(l)(2)(ii). 

9See Preliminary Decision Memorandum for 

Vietnam at ‘‘Use of Facts Available with Adverse 

Inferences,’’ and, e.g., Anti-circumvention Inquiry of 

the Antidumping Duty Order on Certain Pasta from 

Italy: Affirmative Preliminary Determination of 

Commerce may use inferences adverse 

to the interests of an interested party in 

selecting from among the facts 

otherwise available if the party fails to 

cooperate by not acting to the best of its 

ability to provide requested information. 

For purposes of respondent selection, 

Commerce requested information from 

certain companies in Vietnam related to 

the quantity and value (Q&V) of their 

exports during the inquiry period. In 

these Q&V questionnaires, Commerce 

explained that, if the company to which 

Commerce issued the questionnaire 

failed to respond to the questionnaire, 

or failed to provide the requested 

information, Commerce may find that 

the company failed to cooperate by not 

acting to the best of its ability to comply 

with the request for information, and 

may use an inference that is adverse to 

the company’s interests in selecting 

from the facts otherwise available. Two 

companies to which Commerce issued 

the Q&V questionnaire in the Vietnam 

inquiry (i.e., Meihotech Vietnam Inc. 

(Meihotech) and Weifang Wenhe 

Pneumatic Tools Co., Ltd. (Weifang 

Wenhe)) received, but failed to timely 

respond to, the Q&V questionnaire. 

Therefore, we preliminarily find that 

necessary information is not available 

on the record and that Meihotech and 

Weifang Wenhe withheld requested 

information, failed to provide requested 

information by the deadline or in the 

form and manner requested, and 

significantly impeded the inquiry. 

Moreover, we find that these companies 

failed to cooperate to the best of their 

ability to provide the requested Q&V 

information because they did not timely 

respond to Commerce’s Q&V 

questionnaire. Consequently, we relied 

upon adverse inferences with respect to 

Meihotech and Weifang Wenhe in 

selecting from among the facts 

otherwise available on the record, 

pursuant to sections 776(a) and (b) of 

the Act. For details regarding the 

adverse facts available relied upon in 

our decision, see the Preliminary 

Decision Memorandum for Vietnam. 

Therefore, we preliminarily determine 

that Meihotech and Weifang Wenhe 

exported inquiry merchandise and that 

U.S. entries of that merchandise are 

circumventing the Orders. Additionally, 

we are preliminarily precluding 

Meihotech and Weifang Wenhe from 

participating in the certification 

program that we are establishing for 

exports of collated staples from 

Vietnam. 

U.S. entries of inquiry merchandise 

made on or after December 14, 2022, 

that are ineligible for certification based 

on the failure of Meihotech and Weifang 

Wenhe to cooperate, or for other 

reasons, shall remain subject to 

suspension of liquidation until final 

assessment instructions on those entries 

are issued, whether by automatic 

liquidation instructions, or by 

instructions pursuant to the final results 

of an administrative review.6 Interested 

parties that wish to have their 

suspended entries, if any, reviewed, and 

their ineligibility for the certification 

program re-evaluated, should request an 

administrative review of the relevant 

suspended entries during the next 

anniversary month of these Orders (i.e., 

July 2024).7

Suspension of Liquidation and Cash 

Deposit Requirements 

Based on the preliminary affirmative 

country-wide determinations of 

circumvention for Thailand and 

Vietnam, and the preliminary 

affirmative determinations of 

circumvention for the companies 

identified in Appendix II, in accordance 

with 19 CFR 351.226(l)(2), we will 

direct U.S. Customs and Border 

Protection (CBP) to suspend liquidation 

and require a cash deposit of estimated 

duties on unliquidated entries of 

collated staples, assembled or 

completed in Thailand using Chineseorigin steel wire and/or wire bands, and 

in Vietnam using Chinese-origin wire 

bands, that were entered, or withdrawn 

from warehouse, for consumption on or 

after December 21, 2022, the date of 

publication of the Initiation Notice.8

For exporters of the collated staples 

that have a company-specific cash 

deposit rate under the Collated Staples 

AD Order and/or Collated Staples CVD 

Order, the cash deposit rate will be the 

company-specific AD and/or CVD cash 

deposit rate established for that 

company in the most recently 

completed segment of the collated 

staples proceedings. For exporters of 

collated staples that do not have a 

company-specific cash deposit rate 

under the Collated Staples AD Order 

and/or Collated Staples CVD Order, the 

cash deposit rate will be the companyspecific cash deposit rate established 

under the Collated Staples AD Order 

and/or Collated Staples CVD Order for 

the company that exported the steel 

wire and/or wire bands to the producer/ 

exporter in Thailand and for the 

company that exported the wire bands 

to the producer/exporter in Vietnam 

that were incorporated in the imported 

collated staples. 

If neither the exporter of the collated 

staples from Thailand, nor the Chinese 

exporter of the steel wire and/or wire 

bands has a company-specific cash 

deposit rate, the AD cash deposit rate 

will be the China-wide rate (112.01 

percent), and the CVD cash deposit rate 

will be the ‘‘all-others’’ rate (12.32 

percent). 

If neither the exporter of the collated 

staples from Vietnam, nor the Chinese 

exporter of the wire bands, has a 

company-specific cash deposit rate, the 

AD cash deposit rate will be the Chinawide rate (112.01 percent), and the CVD 

cash deposit rate will be the ‘‘all-others’’ 

rate (12.32 percent). Commerce has 

established the following third-country 

case numbers in the Automated 

Commercial Environment (ACE) for 

such entries: Thailand A–549–112/C– 

549–113; Vietnam A–552–112/C–552– 

113. The suspension of liquidation will 

remain in effect until further notice. 

Certified Entries 

Entries for which the importer and 

exporter have met the certification 

requirements described below and in 

Appendices III and IV to this notice will 

not be subject to suspension of 

liquidation, or the cash deposit 

requirements described above. Failure 

to comply with the applicable requisite 

certification requirements may result in 

the merchandise being subject to 

antidumping and countervailing duties. 

Certifications 

In order to administer the preliminary 

country-wide and company-specific 

affirmative determinations of 

circumvention for Thailand and 

Vietnam, Commerce has established 

importer and exporter certifications. 

These certifications will permit 

importers and exporters to establish that 

specific entries of collated staples from 

Thailand and Vietnam are not subject to 

suspension of liquidation or the 

collection of cash deposits pursuant to 

these preliminary country-wide 

affirmative determinations of 

circumvention because the merchandise 

meets the component content 

requirements described in the 

certification (see Appendix III (for 

Thailand) and Appendix IV (for 

Vietnam) to this notice). Because 

Meihotech and Weifang Wenhe were 

non-cooperative, they are not eligible to 

use the certifications described above.9


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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Notices 57933 

Circumvention of the Antidumping Duty Order, 63 

FR 18364, 18366 (April 15, 1998), unchanged in 

Anti-Circumvention Inquiry of the Antidumping 

Duty Order on Certain Pasta from Italy: Affirmative 

Final Determination of Circumvention of the 

Antidumping Duty Order, 63 FR 54672, 54675–76 

(October 13, 1998). 

10See Orders. 

11See 19 CFR 351.226(f)(4). 

12 Id.; see also 19 CFR 351.303 (for general filing 

requirements). 

13See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

Importers and exporters that claim 

that an entry of collated staples is not 

subject to suspension of liquidation or 

the collection of cash deposits based on 

the inputs used to manufacture such 

merchandise must complete the 

applicable certification and meet the 

certification and documentation 

requirements described below, as well 

as the requirements identified in the 

applicable certification. 

Certification Requirements 

Importers are required to complete 

and maintain the applicable importer 

certification, and maintain a copy of the 

applicable exporter certification, and 

retain all supporting documentation for 

both certifications. With the exception 

of the entries described below, the 

importer certification must be 

completed, signed, and dated by the 

time the entry summary is filed for the 

relevant entry. The importer, or the 

importer’s agent, must submit both the 

importer’s certification and the 

exporter’s certification to CBP as part of 

the entry process by uploading them 

into the document imaging system (DIS) 

in ACE. Where the importer uses a 

broker to facilitate the entry process, it 

should obtain the entry summary 

number from the broker. Agents of the 

importer, such as brokers, however, are 

not permitted to certify on behalf of the 

importer. 

Exporters are required to complete 

and maintain the applicable exporter 

certification and provide the importer 

with a copy of that certification and all 

supporting documentation (e.g., invoice, 

purchase order, production records, 

etc.). With the exception of the entries 

described below, the exporter 

certification must be completed, signed, 

and dated by the time of shipment of the 

relevant entries. The exporter 

certification must be completed by the 

party selling the collated staples that 

were manufactured in Thailand or 

Vietnam to the United States. 

Additionally, the claims made in the 

certifications and any supporting 

documentation are subject to 

verification by Commerce and/or CBP. 

Importers and exporters are required to 

maintain the certifications and 

supporting documentation until the 

later of: (1) the date that is five years 

after the latest entry date of the entries 

covered by the certification; or (2) the 

date that is three years after the 

conclusion of any litigation in United 

States courts regarding such entries. 

For all collated staples from Thailand 

and Vietnam that were entered, or 

withdrawn from warehouse, for 

consumption during the period 

December 2022 (i.e., the date of 

publication of the Initiation Notice, 

through the date of publication of these 

preliminary determinations in the 

Federal Register, where the entry has 

not been liquidated (and entries for 

which liquidation has not become final), 

the relevant certification should be 

completed and signed as soon as 

practicable, but not later than 45 days 

after the date of publication of these 

preliminary determinations in the 

Federal Register. 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 exporter 

must provide the importer with a copy 

of the exporter certification within 45 

days of the date of publication of these 

preliminary determinations in the 

Federal Register. 

For unliquidated entries (and entries 

for which liquidation has not become 

final) of collated staples that were 

declared as non-AD/CVD type entries 

(e.g., type 01) and entered, or 

withdrawn from warehouse, for 

consumption in the United States 

during the period December 21, 2022 

(the date of publication of the Initiation 

Notice) through the date of publication 

of these preliminary determinations in 

the Federal Register, for which none of 

the above certifications may be made, 

importers must file a Post Summary 

Correction with CBP, in accordance 

with CBP’s regulations, regarding 

conversion of such entries from nonAD/CVD type entries to AD/CVD type 

entries (e.g., type 01 to type 03). 

Importers should report those AD/CVD 

type entries using the following thirdcountry case numbers: Thailand A–549– 

112/C–549–113; Vietnam A–552–112/ 

C–552–113. Other third-country case 

numbers may be established following 

the process described above. The 

importer should pay cash deposits on 

those entries consistent with the 

regulations governing post summary 

corrections that require payment of 

additional duties. 

If it is determined that an importer 

and/or exporter has not met the 

certification and/or related 

documentation requirements for certain 

entries, Commerce intends to instruct 

CBP to suspend, pursuant to these 

preliminary country-wide affirmative 

determinations of circumvention and 

the Orders,10 all unliquidated entries for 

which these requirements were not met 

and to require the importer to post 

applicable AD and CVD cash deposits 

equal to the rates noted above. 

Interested parties may comment in 

their case briefs on these certification 

requirements, and on the certification 

language contained in the appendices to 

this notice. 

Public Comment 

Case briefs or other written comments 

for a particular country should be 

submitted to the Assistant Secretary for 

Enforcement and Compliance no later 

than 14 days after the issuance of these 

preliminary determinations.11 Rebuttal 

briefs, limited to issues raised in case 

briefs, may be submitted no later than 

seven days after the deadline for case 

briefs.12 Pursuant to 19 CFR 

351.309(c)(2) and (d)(2), parties who 

submit case briefs or rebuttal briefs in 

these circumvention inquiries are 

encouraged to submit with each 

argument: (1) a statement of the issue; 

(2) a brief summary of the argument; 

and (3) a table of authorities. Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information, until further 

notice.13

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing for a particular country, 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 in the 

Federal Register. Requests should 

contain: (1) the requesting party’s name, 

address, and telephone number; (2) the 

number of individuals from the 

requesting party that will attend the 

hearing and whether any of those 

individuals is a foreign national; and (3) 

a list of the issues that the party intends 

to discuss at the hearing. If a request for 

a hearing is made, Commerce intends to 

hold the hearing 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 of the hearing. 


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U.S. International Trade Commission 

Notification 

Consistent with section 781(e) of the 

Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

these preliminary determinations to 

include the merchandise subject to 

these circumvention inquiries within 

the Orders. 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 

These determinations are issued and 

published in accordance with section 

781(b) of the Act and 19 CFR 

351.226(g)(1). 

Dated: August 18, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix No. Appendix name 

I ..................... Topics Discussed in the Preliminary Decision Memoranda. 

II .................... Companies Preliminarily Found to Be Circumventing the Orders. 

III ................... Certification Regarding Chinese Inputs—Thailand. 

IV ................... Certification Regarding Chinese Inputs—Vietnam. 

Appendices 

Appendix I 

Topics Discussed in the Preliminary 

Decision Memoranda 

Thailand 

I. Summary 

II. Background 

III. Scope of the Orders 

IV. Merchandise Subject to the 

Circumvention Inquiry 

V. Period of the Circumvention Inquiry 

VI. Affiliation 

VII. Non-Market Economy Methodology for 

Valuing Material Inputs From China 

VIII. Statutory and Regulatory Framework for 

the Circumvention Inquiry 

IX. Statutory Analysis for the Circumvention 

Inquiry 

X. Summary of Statutory Analysis 

XI. Certification Process and Country-Wide 

Affirmative Determination of 

Circumvention 

XII. Recommendation 

Vietnam 

I. Summary 

II. Background 

III. Scope of the Orders 

IV. Merchandise Subject to the 

Circumvention Inquiry 

V. Period of the Circumvention Inquiry 

VI. Application of Facts Available and Use of 

Adverse Inferences 

VII. Surrogate Country and Methodology for 

Valuing Factors of Production and 

Processing in Vietnam 

VIII. Surrogate Country and Methodology for 

Valuing Factors of Production and 

Processing in China 

IX. Statutory and Regulatory Framework for 

the Circumvention Inquiry 

X. Analysis of Statutory Criteria for the 

Circumvention Inquiry 

XI. Summary of Statutory Analysis 

XII. Country-Wide Affirmative Determination 

of Circumvention 

XIII. Recommendation 

Appendix II 

Companies Found To Be Circumventing the 

Orders 

Thailand 

1. YF Technology Corporation, Ltd. 

2. UM Industry, Co., Ltd. 

Vietnam 

1. Vina Hardwares Joint Stock Company 

2. VN Fasteners Co., Ltd. 

3. Vina Staples Company Limited 

4. Meihotech Vietnam Inc. (based on adverse 

facts available) 

5. Weifang Wenhe Pneumatic Tools Co., Ltd. 

(based on adverse facts available) 

Appendix III 

Certification Regarding Chinese Inputs (for 

Thailand) 

Importer Certification 

I hereby certify that: 

A. My name is {IMPORTING COMPANY 

OFFICIAL’S NAME} and I am an official of 

{NAME OF IMPORTING COMPANY}, 

located at {ADDRESS OF IMPORTING 

COMPANY}. 

B. I have direct personal knowledge of the 

facts regarding the importation into the 

Customs territory of the United States of the 

certain collated steel staples (collated staples) 

from the People’s Republic of China (China) 

completed in Thailand that entered under the 

entry summary number(s), identified below, 

and are covered by this certification. ‘‘Direct 

personal knowledge’’ refers to the facts the 

certifying party is expected to have in its own 

records. For example, the importer should 

have direct personal knowledge of the 

exporter’s and/or seller’s identity and 

location. 

C. If the importer is acting on behalf of the 

first U.S. customer, include the following 

sentence as paragraph C of this certification: 

The collated staples covered by this 

certification were imported by {NAME OF 

IMPORTING COMPANY} on behalf of 

{NAME OF U.S. CUSTOMER}, located at 

{ADDRESS OF U.S. CUSTOMER}. 

If the importer is not acting on behalf of 

the first U.S. customer, include the following 

sentence as paragraph C of this certification: 

{NAME OF IMPORTING COMPANY} is 

not acting on behalf of the first U.S. 

customer. 

D. The collated staples covered by this 

certification were shipped to {NAME OF 

PARTY IN THE UNITED STATES TO 

WHOM THE MERCHANDISE WAS FIRST 

SHIPPED}, located at {U.S. ADDRESS TO 

WHICH MERCHANDISE WAS SHIPPED}. 

E. I have personal knowledge of the facts 

regarding the production of the imported 

products covered by this certification. 

‘‘Personal knowledge’’ includes facts 

obtained from another party, (e.g., 

correspondence received by the importer (or 

exporter) from the producer regarding the 

source of the inputs used to produce the 

imported products). 

F. The importer certifies that the collated 

staples produced in Thailand that are 

covered by this certification were not 

manufactured using steel wire and/or wire 

bands produced in China, regardless of 

whether sourced directly from a Chinese 

producer or from a downstream supplier. 

G. The collated staples covered by this 

certification are not covered by the 

antidumping duty or countervailing duty 

orders on collated staples from China. 

H. This certification applies to the 

following entries (repeat this block as many 

times as necessary): 

Entry Summary #: 

Entry Summary Line Item #: 

Foreign Seller: 

Foreign Seller’s Address: 

Foreign Seller’s Invoice #: 

Foreign Seller’s Invoice Line Item #: 

Producer: 

Producer’s Address: 

I. I understand that {NAME OF 

IMPORTING COMPANY} is required to 

maintain a copy of this certification and 

sufficient documentation supporting this 

certification (i.e., documents maintained in 

the normal course of business, or documents 

obtained by the certifying party, for example, 

product specification sheets, production 

records, invoices, etc.) until the later of: (1) 

the date that is five years after the latest entry 

date of the entries covered by the 

certification; or (2) the date that is three years 

after the conclusion of any litigation in 

United States courts regarding such entries. 

J. I understand that {NAME OF 

IMPORTING COMPANY} is required to 

maintain a copy of the exporter’s certification 

(attesting to information regarding the 

production and/or exportation of the 

imported merchandise identified above), and 

any supporting documentation provided to 

the importer by the exporter, until the later 

of: (1) the date that is five years after the 

latest entry date of the entries covered by the 


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certification; or (2) the date that is three years 

after the conclusion of any litigation in 

United States courts regarding such entries. 

K. I understand that {NAME OF 

IMPORTING COMPANY} is required to 

provide U.S. Customs and Border Protection 

(CBP) and/or the U.S. Department of 

Commerce (Commerce) with the importer 

certification, and any supporting 

documentation, and a copy of the exporter’s 

certification, and any supporting 

documentation provided to the importer by 

the exporter, upon the request of either 

agency. 

L. I understand that the claims made 

herein, and the substantiating 

documentation, are subject to verification by 

CBP and/or Commerce. 

M. I understand that failure to maintain the 

required certifications and supporting 

documentation, or failure to substantiate the 

claims made herein, or not allowing CBP 

and/or Commerce to verify the claims made 

herein, may result in a de facto 

determination that all entries to which this 

certification applies are entries of 

merchandise that is covered by the scope of 

the antidumping and countervailing duty 

orders on certain collated steel staples from 

China. I understand that such a finding will 

result in: 

(i) suspension of liquidation of all 

unliquidated entries (and entries for which 

liquidation has not become final) for which 

these requirements were not met; 

(ii) the importer being required to post the 

antidumping duty and countervailing duty 

cash deposits determined by Commerce; and 

(iii) the importer no longer being allowed 

to participate in the certification process. 

N. I understand that agents of the importer, 

such as brokers, are not permitted to make 

this certification. 

O. This certification was completed and 

signed on, or prior to, the date of the entry 

summary if the entry date is more than 14 

days after the date of publication of the 

notice of Commerce’s preliminary 

determination of circumvention in the 

Federal Register. If the entry date is on or 

before the 14th day after the date of 

publication of the notice of Commerce’s 

preliminary determination of circumvention 

in the Federal Register, this certification was 

completed and signed by no later than 45 

days after publication of the notice of 

Commerce’s preliminary determination of 

circumvention in the Federal Register. 

P. 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 materially 

false statements to the U.S. government. 

Signature 

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

{DATE} 

Exporter Certification 

The party that made the sale to the United 

States should fill out the exporter 

certification. 

I hereby certify that: 

A. My name is {COMPANY OFFICIAL’S 

NAME} and I am an official of {NAME OF 

EXPORTING COMPANY}, located at 

{ADDRESS OF EXPORTING COMPANY}. 

B. I have direct personal knowledge of the 

facts regarding the production and 

exportation of the collated staples for which 

sales are identified below. ‘‘Direct personal 

knowledge’’ refers to facts the certifying party 

is expected to have in its own records. For 

example, an exporter should have direct 

personal knowledge of the producer’s 

identity and location. 

C. The collated staples covered by this 

certification were shipped to {NAME OF 

PARTY IN THE UNITED STATES TO 

WHOM MERCHANDISE WAS FIRST 

SHIPPED}, located at {U.S. ADDRESS TO 

WHICH MERCHANDISE WAS SHIPPED}. 

D. The seller certifies that the collated 

staples produced in Thailand that are 

covered by this certification were not 

manufactured using steel wire and/or wire 

bands produced in China, regardless of 

whether sourced directly from a Chinese 

producer or from a downstream supplier. 

E. The collated staples covered by this 

certification are not covered by the 

antidumping duty or countervailing duty 

orders on collated staples from China. 

F. This certification applies to the 

following sales to {NAME OF U.S. 

CUSTOMER}, located at {ADDRESS OF U.S. 

CUSTOMER} (repeat this block as many 

times as necessary): 

Foreign Seller’s Invoice # to U.S. Customer: 

Foreign Seller’s Invoice to U.S. Customer 

Line Item #: 

Producer Name: 

Producer’s Address: 

Producer’s Invoice # to the Foreign Seller: (if 

the foreign seller and the producer are the 

same party, report ‘‘NA’’ here) 

G. I understand that {EXPORTING 

COMPANY} is required to maintain a copy 

of this certification and sufficient 

documentation supporting this certification 

(i.e., documents maintained in the normal 

course of business, or documents obtained by 

the certifying party, for example, product 

specification sheets, customer specification 

sheets, production records, invoices, etc.) 

until the later of: (1) the date that is five years 

after the latest entry date of the entries 

covered by the certification; or (2) the date 

that is three years after the conclusion of any 

litigation in United States courts regarding 

such entries. 

H. I understand that {EXPORTING 

COMPANY} is required to provide the U.S. 

importer with a copy of this certification and 

is required to provide U.S. Customs and 

Border Protection (CBP) and/or the U.S. 

Department of Commerce (Commerce) with 

this certification, and any supporting 

documents, upon the request of either 

agency. 

I. I understand that the claims made 

herein, and the substantiating 

documentation, are subject to verification by 

CBP and/or Commerce. 

J. I understand that failure to maintain the 

required certification and supporting 

documentation, or failure to substantiate the 

claims made herein, or not allowing CBP 

and/or Commerce to verify the claims made 

herein, may result in a de facto 

determination that all sales to which this 

certification applies are sales of merchandise 

that is covered by the scope of the 

antidumping and countervailing duty orders 

on collated staples from China. I understand 

that such a finding will result in: 

(i) suspension of liquidation of all 

unliquidated entries (and entries for which 

liquidation has not become final) for which 

these requirements were not met; 

(ii) the importer being required to post the 

antidumping and countervailing duty cash 

deposits determined by Commerce; and 

(iii) the seller/exporter no longer being 

allowed to participate in the certification 

process. 

K. I understand that agents of the seller/ 

exporter, such as freight forwarding 

companies or brokers, are not permitted to 

make this certification. 

L. This certification was completed and 

signed, and a copy of the certification was 

provided to the importer, on, or prior to, the 

date of shipment if the shipment date is after 

the date of publication of the notice of 

Commerce’s preliminary determination of 

circumvention in the Federal Register. If the 

shipment date is on or before the date of 

publication of the notice of Commerce’s 

preliminary determination of circumvention 

in the Federal Register, this certification was 

completed and signed, and a copy of the 

certification was provided to the importer, by 

no later than 45 days after publication of the 

notice of Commerce’s preliminary 

determination of circumvention in the 

Federal Register. 

M. 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 materially 

false statements to the U.S. government. 

Signature 

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

{DATE} 

Appendix IV 

Certification Regarding Chinese Inputs (for 

Vietnam) 

Importer Certification 

I hereby certify that: 

A. My name is {IMPORTING COMPANY 

OFFICIAL’S NAME} and I am an official of 

{NAME OF IMPORTING COMPANY}, 

located at {ADDRESS OF IMPORTING 

COMPANY}. 

B. I have direct personal knowledge of the 

facts regarding the importation into the 

Customs territory of the United States of the 

certain collated steel staples (collated staples) 

from the People’s Republic of China (China) 

completed in Vietnam that entered under the 

entry summary number(s), identified below, 

and are covered by this certification. ‘‘Direct 

personal knowledge’’ refers to the facts the 

certifying party is expected to have in its own 

records. For example, the importer should 

have direct personal knowledge of the 

exporter’s and/or seller’s identity and 

location. 

C. If the importer is acting on behalf of the 

first U.S. customer, include the following 

sentence as paragraph C of this certification: 

The collated staples covered by this 

certification were imported by {NAME OF 

IMPORTING COMPANY} on behalf of 

{NAME OF U.S. CUSTOMER}, located at 

{ADDRESS OF U.S. CUSTOMER}. 


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57936 Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Notices 

If the importer is not acting on behalf of 

the first U.S. customer, include the following 

sentence as paragraph C of this certification: 

{NAME OF IMPORTING COMPANY} is 

not acting on behalf of the first U.S. 

customer. 

D. The collated staples covered by this 

certification were shipped to {NAME OF 

PARTY IN THE UNITED STATES TO 

WHOM THE MERCHANDISE WAS FIRST 

SHIPPED}, located at {U.S. ADDRESS TO 

WHICH MERCHANDISE WAS SHIPPED}. 

E. I have personal knowledge of the facts 

regarding the production of the imported 

products covered by this certification. 

‘‘Personal knowledge’’ includes facts 

obtained from another party, (e.g., 

correspondence received by the importer (or 

exporter) from the producer regarding the 

source of the inputs used to produce the 

imported products). 

F. The importer certifies that the collated 

staples produced in Vietnam that are covered 

by this certification were not manufactured 

using wire bands produced in China, 

regardless of whether sourced directly from 

a Chinese producer or from a downstream 

supplier. 

G. The collated staples covered by this 

certification are not covered by the 

antidumping duty or countervailing duty 

orders on collated staples from China. 

H. This certification applies to the 

following entries (repeat this block as many 

times as necessary): 

Entry Summary #: 

Entry Summary Line Item #: 

Foreign Seller: 

Foreign Seller’s Address: 

Foreign Seller’s Invoice #: 

Foreign Seller’s Invoice Line Item #: 

Producer: 

Producer’s Address: 

I. I understand that {NAME OF 

IMPORTING COMPANY} is required to 

maintain a copy of this certification and 

sufficient documentation supporting this 

certification (i.e., documents maintained in 

the normal course of business, or documents 

obtained by the certifying party, for example, 

product specification sheets, production 

records, invoices, etc.) until the later of: (1) 

the date that is five years after the latest entry 

date of the entries covered by the 

certification; or (2) the date that is three years 

after the conclusion of any litigation in 

United States courts regarding such entries. 

J. I understand that {NAME OF 

IMPORTING COMPANY} is required to 

maintain a copy of the exporter’s certification 

(attesting to information regarding the 

production and/or exportation of the 

imported merchandise identified above), and 

any supporting documentation provided to 

the importer by the exporter, until the later 

of: (1) the date that is five years after the 

latest entry date of the entries covered by the 

certification; or (2) the date that is three years 

after the conclusion of any litigation in 

United States courts regarding such entries. 

K. I understand that {NAME OF 

IMPORTING COMPANY} is required to 

provide U.S. Customs and Border Protection 

(CBP) and/or the U.S. Department of 

Commerce (Commerce) with the importer 

certification, and any supporting 

documentation, and a copy of the exporter’s 

certification, and any supporting 

documentation provided to the importer by 

the exporter, upon the request of either 

agency. 

L. I understand that the claims made 

herein, and the substantiating 

documentation, are subject to verification by 

CBP and/or Commerce. 

M. I understand that failure to maintain the 

required certifications and supporting 

documentation, or failure to substantiate the 

claims made herein, or not allowing CBP 

and/or Commerce to verify the claims made 

herein, may result in a de facto 

determination that all entries to which this 

certification applies are entries of 

merchandise that is covered by the scope of 

the antidumping and countervailing duty 

orders on collated staples from China. I 

understand that such a finding will result in: 

(i) suspension of liquidation of all 

unliquidated entries (and entries for which 

liquidation has not become final) for which 

these requirements were not met; 

(ii) the importer being required to post the 

antidumping duty and countervailing duty 

cash deposits determined by Commerce; and 

(iii) the importer no longer being allowed 

to participate in the certification process. 

N. I understand that agents of the importer, 

such as brokers, are not permitted to make 

this certification. 

O. This certification was completed and 

signed on, or prior to, the date of the entry 

summary if the entry date is more than 14 

days after the date of publication of the 

notice of Commerce’s preliminary 

determination of circumvention in the 

Federal Register. If the entry date is on or 

before the 14th day after the date of 

publication of the notice of Commerce’s 

preliminary determination of circumvention 

in the Federal Register, this certification was 

completed and signed by no later than 45 

days after publication of the notice of 

Commerce’s preliminary determination of 

circumvention in the Federal Register. 

P. 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 materially 

false statements to the U.S. government. 

Signature 

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

{DATE} 

Exporter Certification 

The party that made the sale to the United 

States should fill out the exporter 

certification. 

I hereby certify that: 

A. My name is {COMPANY OFFICIAL’S 

NAME} and I am an official of {NAME OF 

EXPORTING COMPANY}, located at 

{ADDRESS OF EXPORTING COMPANY}. 

B. I have direct personal knowledge of the 

facts regarding the production and 

exportation of the collated staples for which 

sales are identified below. ‘‘Direct personal 

knowledge’’ refers to facts the certifying party 

is expected to have in its own records. For 

example, an exporter should have direct 

personal knowledge of the producer’s 

identity and location. 

C. The collated staples covered by this 

certification were shipped to {NAME OF 

PARTY IN THE UNITED STATES TO 

WHOM MERCHANDISE WAS FIRST 

SHIPPED}, located at {U.S. ADDRESS TO 

WHICH MERCHANDISE WAS SHIPPED}. 

D. The seller certifies that the collated 

staples produced in Vietnam that are covered 

by this certification were not manufactured 

using wire bands produced in China, 

regardless of whether sourced directly from 

a Chinese producer or from a downstream 

supplier. 

E. The collated staples covered by this 

certification are not covered by the 

antidumping duty or countervailing duty 

orders on collated staples from China. 

F. This certification applies to the 

following sales to {NAME OF U.S. 

CUSTOMER}, located at {ADDRESS OF U.S. 

CUSTOMER} (repeat this block as many 

times as necessary): 

Foreign Seller’s Invoice # to U.S. Customer: 

Foreign Seller’s Invoice to U.S. Customer 

Line Item #: 

Producer Name: 

Producer’s Address: 

Producer’s Invoice # to the Foreign Seller: (if 

the foreign seller and the producer are the 

same party, report ‘‘NA’’ here) 

G. I understand that {EXPORTING 

COMPANY} is required to maintain a copy 

of this certification and sufficient 

documentation supporting this certification 

(i.e., documents maintained in the normal 

course of business, or documents obtained by 

the certifying party, for example, product 

specification sheets, customer specification 

sheets, production records, invoices, etc.) 

until the later of: (1) the date that is five years 

after the latest entry date of the entries 

covered by the certification; or (2) the date 

that is three years after the conclusion of any 

litigation in United States courts regarding 

such entries. 

H. I understand that {EXPORTING 

COMPANY}is required to provide the U.S. 

importer with a copy of this certification and 

is required to provide U.S. Customs and 

Border Protection (CBP) and/or the U.S. 

Department of Commerce (Commerce) with 

this certification, and any supporting 

documents, upon the request of either 

agency. 

I. I understand that the claims made 

herein, and the substantiating 

documentation, are subject to verification by 

CBP and/or Commerce. 

J. I understand that failure to maintain the 

required certification and supporting 

documentation, or failure to substantiate the 

claims made herein, or not allowing CBP 

and/or Commerce to verify the claims made 

herein, may result in a de facto 

determination that all sales to which this 

certification applies are sales of merchandise 

that is covered by the scope of the 

antidumping and countervailing duty orders 

on collated staples from China. I understand 

that such a finding will result in: 

(i) suspension of liquidation of all 

unliquidated entries (and entries for which 

liquidation has not become final) for which 

these requirements were not met; 

(ii) the importer being required to post the 

antidumping and countervailing duty cash 

deposits determined by Commerce; and 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Notices 57937 

(iii) the seller/exporter no longer being 

allowed to participate in the certification 

process. 

K. I understand that agents of the seller/ 

exporter, such as freight forwarding 

companies or brokers, are not permitted to 

make this certification. 

L. This certification was completed and 

signed, and a copy of the certification was 

provided to the importer, on, or prior to, the 

date of shipment if the shipment date is after 

the date of publication of the notice of 

Commerce’s preliminary determination of 

circumvention in the Federal Register. If the 

shipment date is on or before the date of 

publication of the notice of Commerce’s 

preliminary determination of circumvention 

in the Federal Register, this certification was 

completed and signed, and a copy of the 

certification was provided to the importer, by 

no later than 45 days after publication of the 

notice of Commerce’s preliminary 

determination of circumvention in the 

Federal Register. 

M. 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 materially 

false statements to the U.S. government. 

Signature 

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

{DATE} 

[FR Doc. 2023–18252 Filed 8–23–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Manufacturing Extension Partnership 

Advisory Board 

AGENCY: National Institute of Standards 

and Technology, Commerce 

ACTION: Notice of open meeting. 

SUMMARY: The National Institute of 

Standards and Technology (NIST) 

announces that the Manufacturing 

Extension Partnership (MEP) Advisory 

Board will hold an open meeting on 

Wednesday, September 13, 2023. 

DATES: The meeting will be held on 

Wednesday, September 13, 2023, from 

10 a.m. to 5:30 p.m. Eastern Time. 

ADDRESSES: The meeting will be held in 

person at the Buffalo Niagara 

Convention Center, 153 Franklin St., 

Buffalo, NY 14202. Please note 

admittance instructions in the 

SUPPLEMENTARY INFORMATION section 

below. Interested parties should be sure 

to check the NIST MEP Advisory Board 

website for the most up-to-date 

information at http://www.nist.gov/mep/ 

about/advisory-board. 

FOR FURTHER INFORMATION CONTACT: 

Cheryl L. Gendron, Hollings 

Manufacturing Extension Partnership 

Program, National Institute of Standards 

and Technology, 100 Bureau Drive, Mail 

Stop 4800, Gaithersburg, Maryland 

20899–4800; telephone number 301– 

975–2785; email: cheryl.gendron@

nist.gov. 

SUPPLEMENTARY INFORMATION: The MEP 

Advisory Board is authorized under 15 

U.S.C. 278k(m), in accordance with the 

provisions of the Federal Advisory 

Committee Act (FACA), as amended, 5 

U.S.C. 1001 et seq. The Hollings 

Manufacturing Extension Partnership 

Program (Program) is a unique program 

consisting of Centers in all 50 states and 

Puerto Rico with partnerships at the 

federal, state and local levels. By statute, 

the MEP Advisory Board provides the 

NIST Director with: (1) advice on the 

activities, plans and policies of the 

Program; (2) assessments of the 

soundness of the plans and strategies of 

the Program; and (3) assessments of 

current performance against the plans of 

the Program. 

Background information on the MEP 

Advisory Board is available at http://

www.nist.gov/mep/about/advisoryboard. 

Pursuant to the Federal Advisory 

Committee Act, as amended, 5 U.S.C. 

1001 et seq., notice is hereby given that 

the MEP Advisory Board will hold an 

open meeting on Wednesday, 

September 13, 2023, from 10 a.m. to 

5:30 p.m. Eastern Time. The meeting 

will be open to the public. The meeting 

agenda will include an update on the 

MEP programmatic operations, as well 

as provide guidance and advice on 

current activities related to the current 

MEP National NetworkTM 2023–2027 

Strategic Plan. The agenda may change 

to accommodate Board business. The 

final agenda will be posted on the MEP 

Advisory Board website at http://

www.nist.gov/mep/about/advisoryboard. 

Individuals and representatives of 

organizations who would like to offer 

comments and suggestions related to the 

MEP Advisory Board’s business are 

invited to request a place on the agenda. 

Approximately 20 minutes will be 

reserved for public comments at the end 

of the meeting. Speaking times will be 

assigned on a first-come, first-served 

basis. The amount of time per speaker 

will be determined by the number of 

requests received but is likely to be no 

more than three to five minutes each. 

Requests must be submitted by email to 

cheryl.gendron@nist.gov and must be 

received by Wednesday, September 6, 

2023, to be considered. The exact time 

for public comments will be included in 

the final agenda that will be posted on 

the MEP Advisory Board website at 

http://www.nist.gov/mep/about/ 

advisory-board. Questions from the 

public will not be considered during 

this period. Speakers who wish to 

expand upon their oral statements, 

those who wished to speak but could 

not be accommodated on the agenda or 

those who are/were unable to attend the 

meeting are invited to submit written 

statements by email to cheryl.gendron@

nist.gov. 

Admittance Instructions: All wishing 

to attend the MEP Advisory Board 

meeting must submit their name, 

organization, email address and phone 

number to Cheryl Gendron 

(Cheryl.Gendron@nist.gov or 301–975– 

2785) no later than Wednesday, 

September 6, 2023, 5 p.m. Eastern Time. 

In person seating is limited and will be 

available on a first-come, first-served 

basis. Detailed instructions on how to 

join the meeting will be sent to 

registered attendees. 

Alicia Chambers, 

NIST Executive Secretariat. 

[FR Doc. 2023–18253 Filed 8–23–23; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

A Preliminary Update From the Internet 

of Things Federal Working Group 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice; request for comment. 

SUMMARY: The National Institute of 

Standards and Technology (NIST) seeks 

comments on the document A 

Preliminary Update from the Internet of 

Things Federal Working Group 

(Preliminary Update). The Preliminary 

Update was developed from input from 

the Federal Working Group and public 

information presented at the NIST IoT 

Advisory Board. It is intended to 

document the current state of the IoT 

Federal Working Group’s approach to 

addressing the reporting requirements 

in the William M. (Mac) Thornberry 

National Defense Authorization Act for 

Fiscal Year 2021 (Pub. L. 116–283). 

DATES: Comments in response to this 

notice must be received by 5:00 p.m. 

Eastern time on September 25, 2023. 

ADDRESSES: Written comments may be 

submitted by mail to Barbara Cuthill, 

National Institute of Standards and 

Technology, 100 Bureau Drive, Stop 

2000, Gaithersburg, MD 20899. 

Electronic submissions may be sent to 

iotfwg@nist.gov, and may be in any of 


lotter on DSK11XQN23PROD with NOTICES1