77274 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 

1See Antidumping Duty Order; Light-Walled 

Welded Rectangular Carbon Steel Tubing from 

Taiwan, 54 FR 12467 (March 27, 1989) (Order or 

Taiwan Order). 

2See Circular Welded Carbon Quality Steel Pipe 

from the People’s Republic of China; Certain 

Circular Welded Non-Alloy Steel Pipe from the 

Republic of Korea; Certain Welded Carbon Steel 

Standard Pipes and Tubes from India; Certain 

Circular Welded Carbon Steel Pipes and Tubes from 

Taiwan; Certain Circular Welded Non-Alloy Steel 

Pipe from Taiwan; Light-Walled Rectangular Pipe 

and Tube from the People’s Republic of China; 

Light-Walled Rectangular Pipe and Tube from the 

Republic of Korea; Light-Walled Welded 

Rectangular Carbon Steel Tubing from Taiwan: 

Initiation of Circumvention Inquiries on the 

Antidumping and Countervailing Duty Orders, 87 

FR 47711 (August 4, 2022). 

days after publication of the notice of 

Commerce’s preliminary determination of 

circumvention in the Federal Register. 

O. I am aware that U.S. law (including, but 

not limited to, 18 U.S.C. 1001) imposes 

criminal sanctions on individuals who 

knowingly and willfully make material false 

statements to the U.S. government. 

Signature 

{NAME OF COMPANY OFFICIAL} 

{TITLE 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 

FOREIGN COMPANY THAT MADE THE 

SALE TO THE UNITED STATES); located at 

{ADDRESS OF FOREIGN COMPANY THAT 

MADE THE SALE TO THE UNITED 

STATES); 

B. I have direct personal knowledge of the 

facts regarding the production and 

exportation of the certain circular welded 

non-alloy steel pipe (CWP) 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 CWP covered by this certification 

was 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 CWP covered by this certification 

does not contain HRS produced in Korea; 

E. 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 Foreign Seller: (If 

the foreign seller and the producer are the 

same party, put NA here.) 

Name of Producer of HRS: State ‘‘N/A’’ if 

the producer did not use HRS in the 

production of CWP. 

Location (Country) of Producer of HRS: 

State ‘‘N/A’’ if the producer did not use HRS 

in the production of CWP. 

F. The CWP covered by this certification 

was shipped to {NAME OF U.S. PARTY TO 

WHOM MERCHANDISE WAS SHIPPED}, 

located at {U.S. ADDRESS TO WHICH 

MERCHANDISE WAS SHIPPED}; 

G. I understand that {NAME OF FOREIGN 

COMPANY THAT MADE THE SALE TO 

THE UNITED STATES} 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 data sheets, mill test reports, 

productions records, invoices, etc.) until the 

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

latest date of the entries covered by the 

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

after the conclusion of any litigation in the 

United States courts regarding such entries; 

H. I understand that {NAME OF FOREIGN 

COMPANY THAT MADE THE SALE TO 

THE UNITED STATES} 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 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 within the scope of 

the antidumping duty order on CWP from 

Korea. I understand that such a finding will 

result in: 

(i) suspension 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 

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 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 shipment 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, 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; and 

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 material false 

statements to the U.S. government. 

Signature 

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

{DATE} 

[FR Doc. 2023–24802 Filed 11–8–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–583–803] 

Light-Walled Welded Rectangular 

Carbon Steel Tubing From Taiwan: 

Final Affirmative Determination of 

Circumvention of the Antidumping 

Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

imports of light-walled welded 

rectangular carbon steel tubing (LWR 

tubing) from Taiwan, completed in the 

Socialist Republic of Vietnam (Vietnam) 

using hot-rolled steel (HRS) produced in 

Taiwan, are circumventing the 

antidumping duty (AD) order on LWR 

tubing from Taiwan. 

DATES: Applicable November 9, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Hansen or Christopher Williams, 

AD/CVD Operations, Office I, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3683 or 

(202) 482–5166, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 27, 1989, Commerce 

published in the Federal Register the 

AD order on LWR tubing from Taiwan.1

On August 4, 2022, Commerce initiated 

a country-wide circumvention inquiry 

to determine whether certain imports of 

LWR tubing completed in Vietnam 

using HRS produced in Taiwan are 

circumventing the Order.2 On April 12, 

2023, Commerce published in the 

Federal Register its Preliminary 

Determination that imports of LWR 

Tubing completed in Vietnam using 

HRS produced in Taiwan are 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 77275 

3See Light-Walled Welded Rectangular Carbon 

Steel Tubing from Taiwan: Preliminary Affirmative 

Determination of Circumvention of the 

Antidumping Duty Order, 88 FR 21980 (April 12, 

2023) (Preliminary Determination), and 

accompanying Preliminary Decision Memorandum 

(PDM). 

4See Memorandum, ‘‘Extension of Deadline for 

Issuing Final Determinations in Circumvention 

Inquiries,’’ dated May 15, 2023. 

5See Memorandum, ‘‘Extension of Deadline for 

Issuing Final Determinations in Circumvention 

Inquiries,’’ dated July 20, 2023. 

6See Memorandum, ‘‘Issues and Decision 

Memorandum for the Circumvention Inquiry of the 

Antidumping Duty Order on Light-Walled Welded 

Rectangular Carbon Steel Tubing from Taiwan,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Issues and Decision Memorandum). 

7See Preliminary Determination PDM at 3–12. 

8See Issues and Decision Memorandum at 2. 

9See the unpublished Federal Register notices, 

‘‘Light-Walled Rectangular Pipe and Tube from the 

People’s Republic of China: Final Affirmative 

Determination of Circumvention of the 

Antidumping and Countervailing Duty Orders,’’ 

and ‘‘Light-Walled Welded Rectangular Carbon 

Steel Tubing from Korea: Final Affirmative 

Determination of Circumvention of the 

Antidumping Duty Order,’’ dated concurrently with 

this notice. 

10See Light-Walled Rectangular Pipe and Tube 

from Mexico, the People’s Republic of China, and 

the Republic of Korea: Antidumping Duty Orders; 

Light-Walled Rectangular Pipe and Tube from the 

Republic of Korea: Notice of Amended Final 

Determination of Sales at Less Than Fair Value, 73 

FR 45403 (August 5, 2008); and Light-Walled 

Continued 

circumventing the Order.3 On May 15, 

2023, Commerce extended the deadline 

for the final determination in this 

circumvention inquiry to August 4, 

2023.4 On July 20, 2023, Commerce 

again extended the deadline for the final 

determination in this circumvention 

inquiry to November 2, 2023.5 For a 

summary of events that occurred since 

Commerce published the Preliminary 

Determination, as well as a full 

discussion of the issues raised by parties 

for consideration in the final 

determination, see the Issues and 

Decision Memorandum.6 The Issues and 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. In addition, a complete 

version of the Issues and Decision 

Memorandum can be accessed directly 

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

FRNoticesListLayout.aspx. 

Scope of the Order 

The product covered by the Order is 

light-walled welded carbon steel pipe 

and tube of rectangular (including 

square) cross-section having a wall 

thickness of less than 0.156 inch. For a 

full description of the scope of the 

Order, see the Issues and Decision 

Memorandum. 

Merchandise Subject to the 

Circumvention Inquiry 

This circumvention inquiry covers 

LWR tubing completed in Vietnam 

using Taiwan-origin HRS, which is 

subsequently exported from Vietnam to 

the United States (inquiry merchandise). 

Methodology 

Commerce is conducting this 

circumvention inquiry in accordance 

with section 781(b) of the Tariff Act of 

1930, as amended (the Act), and 19 CFR 

351.226. See Preliminary Determination 

PDM for a full description of the 

methodology.7 We have continued to 

apply this methodology, without 

exception, and incorporate by reference 

this description of the methodology, for 

our final determination.8

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties in these 

inquiries are addressed in the Issues and 

Decision Memorandum. A list of the 

issues raised is attached to this notice at 

Appendix I. 

Based on our analysis of the 

comments received from interested 

parties, we did not revise the 

Preliminary Determination, except for 

revisions to the certification language 

(see Appendix II), which we have 

modified in response to comments to 

allow parties to also use the 

certifications when their shipments of 

LWR tubing were not produced using 

HRS. 

Final Circumvention Determination 

As detailed in the Issues and Decision 

Memorandum, Commerce determines 

that LWR tubing completed in Vietnam 

using Taiwan-origin HRS and 

subsequently exported from Vietnam to 

the United States is circumventing the 

Order on a country-wide basis. As a 

result, in accordance with section 781(b) 

of the Act, we determine that the 

inquiry merchandise should be 

included within the scope of the Order. 

See the ‘‘Suspension of Liquidation and 

Cash Deposit Requirements’’ section, 

below, for details regarding suspension 

of liquidation and cash deposit 

requirements. See the ‘‘Certifications’’ 

and ‘‘Certification Requirements for 

Vietnam’’ sections, below, for details 

regarding the use of certifications. 

Suspension of Liquidation and Cash 

Deposit Requirements 

Based on the affirmative country-wide 

determination of circumvention for 

Taiwan, in accordance with 19 CFR 

351.226(l)(3), 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 LWR tubing 

completed in Vietnam using Taiwanorigin HRS, that were entered, or 

withdrawn from warehouse, for 

consumption on or after August 4, 2022, 

the date of publication of the initiation 

of this circumvention inquiry in the 

Federal Register. 

LWR tubing produced in Vietnam 

from HRS that is not of Taiwan origin 

is not subject to this inquiry. Therefore, 

cash deposits are not required for such 

merchandise under the Taiwan Order. 

However, Commerce finds that lightwalled rectangular pipe and tube 

(LWRPT) completed in Vietnam using 

the People’s Republic of China (China)- 

origin HRS is circumventing the AD and 

countervailing duty (CVD) orders on 

LWRPT from China, and LWRPT from 

Republic of Korea (Korea) completed in 

Vietnam using Korea-origin HRS is 

circumventing the AD order on LWRPT 

from Korea.9 Imports of such 

merchandise are subject to certification 

requirements, and cash deposits may be 

required. 

If an importer imports LWR tubing 

from Vietnam and claims that the LWR 

tubing was not produced from Taiwanorigin HRS, or alternatively, claims that 

the LWR tubing was produced using an 

input other than HRS, in order to not be 

subject to the Taiwan Order cash 

deposit requirements, the importer and 

exporter are required to meet the 

certification and documentation 

requirements described in the 

‘‘Certifications’’ and ‘‘Certification 

Requirements for Vietnam’’ sections, 

below. 

See Appendix II for the revised 

importer and exporter certifications, 

which we have modified in response to 

comments to allow parties to also use 

the certifications when their shipments 

of LWR tubing were not produced using 

HRS. 

Where no certification is provided for 

an entry, and AD/CVD orders from three 

countries (China, Korea, or Taiwan) 

potentially apply to that entry, 

Commerce intends to instruct CBP to 

suspend the entry and collect cash 

deposits at the rate applicable to the AD 

and CVD orders on LWRPT from China 

(i.e., the AD cash deposit rate 

established for the China-wide entity 

(255.07 percent) and the CVD cash 

deposit rate established for all-others 

(15.28 percent) under the following 

third country CBP case numbers: A– 

552–914–000 and C–552–915–000.10


ddrumheller on DSK120RN23PROD with NOTICES1
77276 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 

Rectangular Pipe and Tube from the People’s 

Republic of China: Notice of Countervailing Duty 

Order, 73 FR 45405 (August 5, 2008). 

11See Taiwan Order. 

12 Id. 

13Hoa Phat is not eligible to participate in the 

certification program as either producer or exporter. 

In addition, other parties exporting pipe products 

produced by Hoa Phat will likewise not be eligible 

to participate in the certification program with 

regard to such products. 

14See Preliminary Determination PDM at the 

‘‘Use of Facts Available with Adverse Inferences’’ 

section; see also, e.g., Anti-circumvention Inquiry of 

the Antidumping Duty Order on Certain Pasta from 

Italy: Affirmative Preliminary Determination of 

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). 

This is to prevent evasion, given that the 

AD/CVD cash deposit rates established 

for LWRPT from China are higher than 

the AD cash deposit rates established for 

LWRPT from Korea and LWR tubing 

from Taiwan. 

Where a certification is provided for 

the AD/CVD orders on LWRPT from 

China (stating that the merchandise was 

not produced using China-origin HRS or 

was produced using an input other than 

HRS), but no other certification is 

provided, then Commerce intends to 

instruct CBP to suspend the entry and 

collect cash deposits at the rate 

applicable to the Taiwan Order (i.e., the 

AD cash deposit rate established for allothers (18.05 percent)) under the 

following third country CBP case 

number: A–552–863–000.11 This is to 

prevent evasion, given that the AD cash 

deposit rate established for LWR tubing 

from Taiwan is higher than the AD cash 

deposit rate established for LWRPT from 

Korea. 

Commerce established the following 

third country CBP case number in the 

Automated Commercial Environment 

(ACE) for entries of LWR tubing 

produced in Vietnam using Taiwanorigin HRS: A–552–863–000. Commerce 

also established the following companyspecific third country CBP case number 

for Vina One, for which Commerce 

made an affirmative determination of 

circumvention, for entries of LWR 

tubing produced in Vietnam using 

Taiwan-origin HRS: A–552–863–001. 

The cash deposit rate will be the Taiwan 

AD all-others rate (i.e., 18.05 percent).12

For Hoa Phat Steel Pipe Co., Ltd. (Hoa 

Phat), which will not be permitted to 

certify that its merchandise was not 

produced from Taiwan-origin HRS, 

Commerce will direct CBP, for all 

entries of LWR tubing from Vietnam 

produced or exported by Hoa Phat, to 

suspend liquidation and require a cash 

deposit at the AD/CVD cash deposit 

rates established for LWRPT from 

China.13 Commerce established the 

following company-specific third 

country CBP case numbers for Hoa Phat: 

A–552–914–001 and C–552–915–001. 

These suspension of liquidation 

instructions 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 

Appendix II 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 AD and 

CVD duties. 

Certifications 

To administer the country-wide 

affirmative determination of 

circumvention, Commerce established 

importer and exporter certifications 

which allow companies to certify that 

specific entries of LWR tubing from 

Vietnam are not subject to suspension of 

liquidation or the collection of cash 

deposits pursuant to this country-wide 

affirmative determination of 

circumvention because the merchandise 

was not made with Taiwan-origin HRS 

or was made with an input other than 

HRS (see Appendix II to this notice). 

Because Hoa Phat was non-cooperative, 

it is not eligible to use the certification 

described above.14

Importers and exporters that claim 

that the entry of LWR tubing is not 

subject to suspension of liquidation or 

the collection of cash deposits because 

the merchandise was not made with 

Taiwan-origin HRS or was made with an 

input other than HRS 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 for Vietnam 

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 in 

ACE. Where the importer uses a broker 

to facilitate the entry process, the 

importer should obtain the entry 

summary number from the broker. 

Agents of the importer, such as a broker, 

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 should be completed by the 

party selling the LWR tubing that was 

manufactured in 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 LWR tubing from Vietnam that 

was entered, or withdrawn from 

warehouse, for consumption during the 

period August 4, 2022 (the date of 

initiation of this circumvention 

inquiry), through the date of publication 

of the preliminary determination in the 

Federal Register, where the entry has 

not been liquidated (and entries for 

which liquidation has not become final), 

the relevant certification should already 

be completed and signed. 

For unliquidated entries (and entries 

for which liquidation has not become 

final) of LWR tubing that were declared 

as non-AD type entries (e.g., type 01) 

and entered, or withdrawn from 

warehouse, for consumption in the 

United States during the period August 

4, 2022 (the date of initiation of these 

circumvention inquiries), through the 

date of publication of the preliminary 

determination 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 non-AD type entries 

to AD type entries (e.g., type 01 to type 

03). Importers should report those AD 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 77277 

15See Order. 

type entries using the third country CBP 

case numbers identified in the 

‘‘Suspension of Liquidation and Cash 

Deposit Requirements’’ section, above. 

The importer should post cash deposits 

on those entries consistent with the 

regulations governing post summary 

corrections that require payment of 

additional duties, including AD/CVD 

duties. 

If it is determined that an importer or 

exporter has not met the certification 

and related documentation 

requirements for certain entries, 

Commerce intends to instruct CBP to 

suspend, pursuant to this country-wide 

affirmative determination of 

circumvention and the Order,15 all 

unliquidated entries for which these 

requirements were not met and require 

the importer to post applicable cash 

deposits equal to the rates noted above. 

Opportunity To Request an 

Administrative Review 

Each year during the anniversary 

month of the publication of an AD or 

CVD order, finding, or suspended 

investigation, an interested party, as 

defined in section 771(9) of the Act, 

may request, in accordance with 19 CFR 

351.213, that Commerce conduct an 

administrative review of that AD or CVD 

order, finding, or suspended 

investigation. An interested party who 

would like Commerce to conduct an 

administrative review should wait until 

Commerce announces via the Federal 

Register the next opportunity to request 

a review during the anniversary month 

of the publication of the AD order to 

submit such requests. The anniversary 

month for this Order is March. 

Administrative Protective Order 

This notice will serve as the only 

reminder to all parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with section 

781(b) of the Act and 19 CFR 

351.226(g)(2). 

Dated: November 2, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix I—List of Topics Discussed in 

the Issues and Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Merchandise Subject to the 

Circumvention Inquiry 

V. Period of Circumvention Inquiry 

VI. Changes from the Preliminary 

Determination 

VII. Discussion of the Issues 

Comment 1: Conflict Regarding the Timing 

of Certification Requirements 

Comment 2: Clarification in the 

Certification and Cash Deposit 

Instructions Concerning the Inclusion of 

HRS Further Processed in Vietnam 

Through a Cold-Rolling or Galvanizing 

Process 

Comment 3: Whether Commerce’s Denial 

of Hoa Phat’s Extension Requests was 

Abuse of Discretion 

Comment 4: Whether Commerce Lacks 

Statutory Authority to Deny Hoa Phat a 

Certification Process, and the Selection 

of the AFA Rate 

Comment 5: Commerce Must Detail the 

Process for Correct Cash Deposit and 

Liquidation for Entries Produced or 

Exported by Hoa Phat 

Comment 6: Commerce Must Clarify the 

Suspension of Liquidation and Cash 

Deposit Requirements 

Comment 7: Whether the Production of 

LWR tubing from Imported HRS 

Constitutes ‘‘Assembly or Completion’’ 

Within the Meaning of the Statute 

Comment 8: Whether Producers of LWR 

Tubing with Input Material Other Than 

HRS are Subject to the Inquiry or Any of 

the Requirements Imposed by 

Commerce’s Determination 

Comment 9: Whether Commerce’s 

Determination that Vina One Is 

Circumventing the Taiwan Order is in 

Accordance with Law When There Is 

Insufficient Record Evidence to Show 

All Statutory Factors Are Met 

Comment 10: Whether Vina One’s Process 

of Finishing LWR tubing in Vietnam 

from HRS Manufactured in Taiwan is 

Minor and Insignificant Pursuant to 

Sections 781(b)(2)(A), (C) and (D) of the 

Act 

Comment 11: Whether the Record Supports 

a Finding That the Production Process of 

LWR Tubing from Taiwan-Origin HRS is 

Minor or Insignificant Pursuant to 

Section 781(b)(2)(E) of the Act 

Comment 12: Whether Commerce Properly 

Considered the Pattern of Trade and 

Sourcing 

Comment 13: Whether Affiliations Indicate 

That Action is not Appropriate to 

Prevent Circumvention of the Orders 

Under 781(b)(1)(E) 

Comment 14: Whether HRS Imports from 

Taiwan Indicate that Action is not 

Appropriate to Prevent Evasion of the 

Orders Under Section 781(b)(1)(E) of the 

Act 

Comment 15: Whether Commerce Should 

Apply Affirmative Circumvention 

Findings on a Country-Wide Basis 

VIII. Recommendation 

Appendix II 

1. Certifications 

Importer Certification 

I hereby certify that: 

A. My name is {IMPORTING COMPANY 

OFFICIAL’S NAME} and I am an official 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 

light-walled welded rectangular carbon steel 

tubing (LWR tubing) produced in Vietnam 

that entered under entry summary number(s), 

identified below, 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 LWR tubing, 

including the exporter’s and/or foreign 

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 LWR tubing covered by this 

certification was imported by {IMPORTING 

COMPANY} on behalf 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 LWR tubing covered by this 

certification was 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 hot-rolled steel (HRS) or an input 

other than HRS used to produce the imported 

LWR tubing); 

F. 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 #: 

Country of Origin of HRS: State ‘‘N/A’’ for 

‘‘Country of Origin of HRS’’ if the LWR 

tubing covered by this certification was 

produced using inputs other than HRS. 

Producer: 

Producer’s Address: 

G. The LWR tubing covered by this 

certification does not contain HRS produced 

in Taiwan; 

H. I understand that {IMPORTING 

COMPANY} is required to maintain a copy 


ddrumheller on DSK120RN23PROD with NOTICES1
77278 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 

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, certificates 

of origin, product data sheets, mill test 

reports, productions records, invoices, etc.) 

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

after the date of the latest entry covered by 

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

years after the conclusion of any litigation in 

the United States courts regarding such 

entries; 

I. I understand that {IMPORTING 

COMPANY} is required to maintain a copy 

of the exporter’s certification (attesting to 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 date 

of the latest entry 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 {IMPORTING 

COMPANY} is required to submit a copy of 

the importer and exporter certifications as 

part of the entry summary by uploading them 

into the document imaging system (DIS) in 

ACE, and 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 request of either agency; 

K. I understand that the claims made 

herein, and the substantiating 

documentation, are subject to verification by 

CBP and/or Commerce; 

L. 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 entries to which this 

certification applies are within the scope of 

the antidumping duty (AD) order on LWR 

tubing from Taiwan. I understand that such 

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 

cash deposits determined by Commerce; and 

(iii) the importer no longer being allowed 

to participate in the certification process. 

M. I understand that agents of the importer, 

such as brokers, are not permitted to make 

this certification; 

N. 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. 

O. I am aware that U.S. law (including, but 

not limited to, 18 U.S.C. 1001) imposes 

criminal sanctions on individuals who 

knowingly and willfully make material false 

statements to the U.S. government. 

Signature 

{NAME OF COMPANY OFFICIAL} 

{TITLE 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 

FOREIGN COMPANY THAT MADE THE 

SALE TO THE UNITED STATES); located at 

{ADDRESS OF FOREIGN COMPANY THAT 

MADE THE SALE TO THE UNITED 

STATES); 

B. I have direct personal knowledge of the 

facts regarding the production and 

exportation of the light-walled welded 

rectangular carbon steel tubing from Taiwan 

(LWR tubing) 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 LWR tubing covered by this 

certification was 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 LWR tubing covered by this 

certification does not contain HRS produced 

in Taiwan; 

E. 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 Foreign Seller: (If 

the foreign seller and the producer are the 

same party, put NA here.) 

Name of Producer of HRS: State ‘‘N/A’’ if 

the producer did not use HRS in the 

production of LWR tubing. 

Location (Country) of Producer of HRS: 

State ‘‘N/A’’ if the producer did not use HRS 

in the production of LWR tubing. 

F. The LWR tubing covered by this 

certification was shipped to {NAME OF U.S. 

PARTY TO WHOM MERCHANDISE WAS 

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

WHICH MERCHANDISE WAS SHIPPED}; 

G. I understand that {NAME OF FOREIGN 

COMPANY THAT MADE THE SALE TO 

THE UNITED STATES} 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 data sheets, mill test reports, 

productions records, invoices, etc.) until the 

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

latest date of the entries covered by the 

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

after the conclusion of any litigation in the 

United States courts regarding such entries; 

H. I understand that {NAME OF FOREIGN 

COMPANY THAT MADE THE SALE TO 

THE UNITED STATES} 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 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 within the scope of 

the antidumping duty order on LWR tubing 

from Taiwan. I understand that such a 

finding will result in: 

(i) suspension 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 

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 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 shipment 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, 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; and 

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 material false 

statements to the U.S. government. 

Signature 

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

{DATE} 

[FR Doc. 2023–24803 Filed 11–8–23; 8:45 am] 

BILLING CODE 3510–DS–P 


ddrumheller on DSK120RN23PROD with NOTICES1