Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 77283 

1See 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 

Rectangular Pipe and Tube from the People’s 

Republic of China: Notice of Countervailing Duty 

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

Orders or China Orders). 

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), and accompanying 

Circumvention Initiation Memorandum. 

3See Light-Walled Rectangular Pipe and Tube 

from the People’s Republic of China: Preliminary 

Determination of Circumvention of the 

Antidumping Duty and Countervailing Duty Orders, 

88 FR 21985 (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 Final Affirmative 

Circumvention Determination of the Antidumping 

Duty and Countervailing Duty Orders on LightWalled Rectangular Pipe and Tube from the 

People’s Republic of China,’’ dated concurrently 

with, and hereby adopted by, this notice (Issues and 

Decision Memorandum). 

7See Preliminary Determination PDM at 4–30. 

8See Issues and Decision Memorandum at 1–67. 

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. 2023–24799 Filed 11–8–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–914, C–570–915] 

Light-Walled Rectangular Pipe and 

Tube From the People’s Republic of 

China: Final Affirmative Determination 

of Circumvention of the Antidumping 

Duty and Countervailing Duty Orders 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

imports of light-walled rectangular pipe 

and tube (LWRPT), completed in the 

Socialist Republic of Vietnam (Vietnam) 

using hot-rolled steel (HRS) produced in 

the People’s Republic of China (China), 

are circumventing the antidumping duty 

(AD) and countervailing duty (CVD) 

orders on LWRPT from China. 

DATES: Applicable November 9, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Reginald Anadio, AD/CVD Operations, 

Office VI, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3166. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 5, 2008, Commerce 

published in the Federal Register the 

AD and CVD orders on LWRPT from 

China.1 On August 4, 2022, Commerce 

initiated a country-wide circumvention 

inquiry to determine whether certain 

imports of LWRPT completed in 

Vietnam using HRS produced in China 

are circumventing the Orders.2 On April 

12, 2023, Commerce published in the 

Federal Register its Preliminary 

Determination that imports of LWRPT 

completed in Vietnam using HRS 

produced in China are circumventing 

the Orders.3

On May 15, 2023, Commerce 

extended the deadline for the final 

determination of this circumvention 

inquiry to August 4, 2023.4 On July 20, 

2023, Commerce further extended the 

deadline for the final determination in 

this circumvention inquiry to November 

2, 2023.5 For a summary of events that 

occurred since 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 Orders 

The products covered by the Orders 

include certain quality light-walled steel 

pipe and tube, of rectangular (including 

square) cross section, having a wall 

thickness of less than 4 millimeters. For 

a full description of the scope of the 

Orders, see the Issues and Decision 

Memorandum. 

Merchandise Subject to the 

Circumvention Inquiry 

This circumvention inquiry covers 

LWRPT completed in Vietnam using 

China-origin HRS and 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 made no changes to the 

Preliminary Determination, except for 

the 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 

LWRPT were not produced using HRS. 

Final Circumvention Determination 

As detailed in the Issues and Decision 

Memorandum, Commerce determines 

that LWRPT completed in Vietnam 

using China-origin HRS and 

subsequently exported from Vietnam to 

the United States is circumventing the 

Orders 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 Orders. 

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. 


ddrumheller on DSK120RN23PROD with NOTICES1
77284 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 

9See the unpublished Federal Register notices, 

‘‘Light-Walled Rectangular Pipe and Tube from the 

Republic of Korea: Final Affirmative Determination 

of Circumvention of the Antidumping Duty Order,’’ 

and ‘‘Light-Walled Welded Rectangular Carbon 

Steel Tubing from Taiwan: Final Affirmative 

Determination of Circumvention of the 

Antidumping Duty Order,’’ dated concurrently with 

this notice. 

10See China Orders. 

11See 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) (Korea Order); LightWalled Welded Rectangular Carbon Steel Tubing 

from Taiwan; Final Results of Antidumping Duty 

Administrative Review, 57 FR 24464, 24466 (June 

9, 1992) (Taiwan Order). 

12See Taiwan Order. 

13See Korea Order. 

14 Id. 

15Hoa 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. 

16See 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). 

Suspension of Liquidation and Cash 

Deposit Requirements 

Based on the affirmative country-wide 

determination of circumvention for 

Vietnam, 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 LWRPT 

completed in Vietnam using Chinaorigin 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. 

LWRPT produced in Vietnam from 

HRS that is not of China origin is not 

subject to this inquiry. Therefore, cash 

deposits are not required for such 

merchandise under the China Orders. 

However, Commerce finds that LWRPT 

completed in Vietnam using the 

Republic of Korea (Korea)-origin HRS is 

circumventing the AD order on LWRPT 

from Korea, and light-walled welded 

rectangular carbon steel tubing (LWR 

tubing) completed in Vietnam using 

Taiwan-origin HRS is circumventing the 

AD order on LWR tubing from Taiwan.9

Imports of such merchandise are subject 

to certification requirements, and cash 

deposits may be required. 

If an importer imports LWRPT from 

Vietnam and claims that the LWRPT 

was not produced from China-origin 

HRS, or alternatively, claims that the 

LWRPT was produced using an input 

other than HRS, the importer and 

exporter are required to meet the 

certification and documentation 

requirements described in the 

‘‘Certifications’’ and ‘‘Certification 

Requirements for Vietnam’’ sections, 

below, in order to not be subject to the 

China Orders cash deposit 

requirements. 

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 LWRPT 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

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.11

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–552–863–000.12 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.13

Commerce established the following 

third CBP country case number in the 

Automated Commercial Environment 

(ACE) for entries of LWRPT produced in 

Vietnam using Korea-origin HRS: A– 

552–859–000. The cash deposit rate will 

be the Korea AD all-others rate (i.e., 

15.79 percent).14

For Hoa Phat, which will not be 

permitted to certify that its merchandise 

was not produced from China-origin 

HRS, Commerce will direct CBP, for all 

entries of LWRPT 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.15 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 LWRPT 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 China-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.16

Importers and exporters that claim 

that the entry of LWRPT is not subject 

to suspension of liquidation or the 

collection of cash deposits because the 

merchandise was not made with Chinaorigin 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 77285 

17See Orders. 

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, 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 LWRPT 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 LWRPT 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 complete 

and signed. 

For unliquidated entries (and entries 

for which liquidation has not become 

final) of LWRPT 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 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/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 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 Orders,17 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. Interested parties who 

wish that Commerce conducts an 

administrative review should wait until 

Commerce announces via the Federal 

Register the next window during the 

anniversary month of the publication of 

the AD or CVD order to submit such 

requests. The anniversary month for 

these Orders is August. 

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 Orders 

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 Request Was an 

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 

Pipe from Imported HRS Constitutes 

‘‘Assembly or Completion’’ Within the 

Meaning of the Statute 

Comment 8: Whether producers of LWRPT 

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 LWRPT in Vietnam from 

HRS Manufactured in China Is Minor 

and Insignificant Pursuant to Sections 

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

Comment 11: Whether the Production 

Process of LWRPT from HRS Is Minor or 

Insignificant Pursuant to Section 

781(b)(2) of the Act, Exclusion of NonChinese-Origin Inputs 

Comment 12: Whether Commerce Properly 

Considered the Pattern of Trade and 

Sourcing 


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Comment 13: Whether Affiliations Indicate 

that Action is Not Appropriate to Prevent 

Circumvention of the Orders Under 

Section 781(b)(1)(E) of the Act 

Comment 14: Whether HRS Imports from 

China and 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 rectangular pipe and tube 

(LWRPT) produced in the Socialist Republic 

of 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 LWRPT, 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 LWRPT 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 LWRPT 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 

LWRPT); 

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 LWRPT 

covered by this certification was produced 

using inputs other than HRS. 

Producer: 

Producer’s Address: 

G. The LWRPT covered by this certification 

does not contain HRS produced in the 

People’s Republic of China (China); 

H. I understand that {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, 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 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 and countervailing 

duty orders on LWRPT from China. 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 pipe and tube (LWRPT) 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 LWRPT 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 LWRPT covered by this certification 

does not contain HRS produced in the 

People’s Republic of China (China); 

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 the LWRPT. 

Location (Country) of Producer of HRS: 

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

in the production of LWRPT. 

F. The LWRPT 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}; 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 77287 

1See Notice of Antidumping Duty Order: Circular 

Welded Carbon Quality Steel Pipe from the People’s 

Republic of China, 73 FR 42547 (July 22, 2008); and 

Circular Welded Carbon Quality Steel Pipe from the 

People’s Republic of China: Notice of Amended 

Final Affirmative Countervailing Duty 

Determination and Notice of Countervailing Duty 

Order, 73 FR 42545 (July 22, 2008) (collectively, 

Orders or China Orders). 

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). 3See Circular Welded Carbon Quality Steel Pipe 

from the People’s Republic of China: Preliminary 

Affirmative Determination of Circumvention of the 

Antidumping Duty and Countervailing Duty Order, 

88 FR 21975 (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 and Countervailing Duty Orders on 

Circular Welded Carbon Quality Steel Pipe from the 

People’s Republic of China,’’ dated concurrently 

with, and hereby adopted by, this notice (Issues and 

Decision Memorandum). 

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 and countervailing 

duty orders on LWRPT from China. 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. 2023–24796 Filed 11–8–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–910, C–570–911] 

Circular Welded Carbon Quality Steel 

Pipe From the People’s Republic of 

China: Final Affirmative Determination 

of Circumvention of the Antidumping 

Duty and Countervailing Duty Orders 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

imports of circular welded carbon 

quality steel pipe (CWP), completed in 

the Socialist Republic of Vietnam 

(Vietnam) using hot-rolled steel (HRS) 

produced in the People’s Republic of 

China (China), are circumventing the 

antidumping duty (AD) and 

countervailing duty (CVD) orders on 

CWP from China. 

DATES: Applicable November 9, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Krisha Hill, AD/CVD Operations, Office 

IV, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–4037. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 22, 2008, Commerce 

published in the Federal Register the 

AD and CVD orders on CWP from 

China.1 On August 4, 2022, Commerce 

initiated a country-wide circumvention 

inquiry to determine whether certain 

imports of CWP completed in Vietnam 

using HRS produced in China are 

circumventing the Orders.2 On April 12, 

2023, Commerce published in the 

Federal Register its Preliminary 

Determination that imports of CWP 

completed in Vietnam using HRS 

produced in China are circumventing 

the Orders.3 On May 15, 2023, 

Commerce extended the deadline for the 

final determination of this 

circumvention inquiry to August 4, 

2023.4 On July 20, 2023, Commerce 

further extended the deadline for the 

final determination 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 Orders 

The products covered by the Orders 

include certain welded carbon quality 

steel pipes and tubes, of circular crosssection, and with an outside diameter of 

0.372 inches or more, but not more than 

16 inches. For a full description of the 

scope of the Orders, see the Issues and 

Decision Memorandum. 

Merchandise Subject to the 

Circumvention Inquiry 

This circumvention inquiry covers 

CWP completed in Vietnam using 

China-origin HRS and subsequently 


ddrumheller on DSK120RN23PROD with NOTICES1