Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 77279 

1See Antidumping Duty Order; Certain Welded 

Carbon Steel Standard Pipes and Tubes from India, 

51 FR 17384 (May 12, 1986) (Order or India 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). 

3See Certain Welded Carbon Steel Standard 

Pipes and Tubes from India: Preliminary 

Affirmative Determination of Circumvention of the 

Antidumping Duty Order, 88 FR 21994 (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 Certain Welded 

Carbon Steel Standard Pipes and Tubes from 

India,’’ dated concurrently with, and hereby 

adopted by, this notice (Issues and Decision 

Memorandum). 

7See Preliminary Determination PDM at 5–23. 

8See Issues and Decision Memorandum at 4. 

9See Preliminary Determination PDM at 12; see 

also Issues and Decision Memorandum at 

Comments 2 and 3. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–502] 

Certain Welded Carbon Steel Standard 

Pipes and Tubes From India: 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 certain welded carbon steel 

standard pipes and tubes (pipe and 

tube), completed in the Socialist 

Republic of Vietnam (Vietnam) using 

hot-rolled steel (HRS) produced in 

India, are circumventing the 

antidumping duty (AD) order on pipe 

and tube from India. 

DATES: Applicable November 9, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Dmitry Vladimirov, 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) 482–0665. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 12, 1986, Commerce 

published in the Federal Register the 

AD order on pipe and tube from India.1

On August 4, 2022, Commerce initiated 

a country-wide circumvention inquiry 

to determine whether certain imports of 

pipe and tube completed in Vietnam 

using HRS produced in India are 

circumventing the Order.2 On April 12, 

2023, Commerce published in the 

Federal Register its Preliminary 

Determination that imports of pipe and 

tube completed in Vietnam using HRS 

produced in India are circumventing the 

Order.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 Order 

The products covered by the Order 

include certain welded carbon steel 

standard pipes and tubes with an 

outside diameter of 0.375 inch or more 

but not over 16 inches. 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 

pipe and tube completed in Vietnam 

using India-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

Determination of No Shipments 

Based on the information provided by 

Vietnam Haiphong Hongyuan 

Machinery Manufactory Co., Ltd. 

(Vietnam Haiphong) in this 

circumvention inquiry, Commerce 

continues to find, as it did in the 

Preliminary Determination, that 

Vietnam Haiphong had no shipments of 

inquiry merchandise to the United 

States during the period of inquiry, 

January 1, 2017, through December 31, 

2021.9

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties in this inquiry 

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 

pipe and tube were not produced using 

HRS. 

Final Circumvention Determination 

As detailed in the Issues and Decision 

Memorandum, Commerce determines 

that pipe and tube completed in 

Vietnam using India-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 

India, in accordance with 19 CFR 

351.226(l)(3), we will direct U.S. 

Customs and Border Protection (CBP) to 


ddrumheller on DSK120RN23PROD with NOTICES1
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10See the unpublished Federal Register notices, 

‘‘Certain Circular Welded Non-Alloy Steel Pipe from 

the People’s Republic of China: Final Affirmative 

Determination of Circumvention of the 

Antidumping and Countervailing Duty Orders,’’ and 

‘‘Certain Circular Welded Non-Alloy Steel Pipe from 

the Republic of Korea: Final Affirmative 

Determination of Circumvention of the 

Antidumping Duty Order,’’ dated concurrently with 

this notice. 

11See 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). 

12See India Order. 

13 Id. 

suspend liquidation and require a cash 

deposit of estimated duties on 

unliquidated entries of pipe and tube 

completed in Vietnam using Indiaorigin 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. 

Pipe and tube produced in Vietnam 

from HRS that is not of Indian origin is 

not subject to this inquiry. Therefore, 

cash deposits are not required for such 

merchandise under the India Order. 

However, Commerce finds that certain 

circular welded non-alloy steel pipe 

(CWP) completed in Vietnam using the 

People’s Republic of China (China)- 

origin HRS is circumventing the AD and 

countervailing duty (CVD) orders on 

CWP from China, and CWP completed 

in Vietnam using the Republic of Korea 

(Korea)-origin HRS is circumventing the 

AD order on CWP from Korea.10 Imports 

of such merchandise are subject to 

certification requirements, and cash 

deposits may be required. 

If an importer imports pipe and tube 

from Vietnam and claims that the pipe 

and tube was not produced from Indiaorigin HRS, or alternately, claims that 

the pipe and tube was produced using 

an input other the 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 

India Order 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 pipe and tube were not produced 

using HRS. 

Where no certification is provided for 

an entry, and AD/CVD orders from three 

countries (China, India, or Korea) 

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 CWP from China 

(i.e., the AD cash deposit rate 

established for the China-wide entity 

(85.55 percent) and the CVD cash 

deposit rate established for all-others 

(39.01 percent)) under the following 

third country CBP case numbers: A– 

552–009–000 and C–552–010–000.11

This is to prevent evasion, given that the 

AD/CVD cash deposit rates established 

for CWP from China are higher than the 

AD cash deposit rates established for 

pipe and tube from India and CWP from 

Korea. 

Where a certification is provided for 

the AD/CVD orders on CWP 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 India Order (i.e., the 

AD case deposit rate established for allothers (7.08 percent)) under the 

following third country CBP case 

number: A–552–012–000.12 This is to 

prevent evasion, given that the AD cash 

deposit rate established for pipe and 

tube from India is higher than the AD 

cash deposit rate established for CWP 

from Korea. 

Commerce established the following 

third country CBP case number in the 

Automated Commercial Environment 

(ACE) for entries of pipe and tube 

produced in Vietnam using India-origin 

HRS: A–552–012–000. Commerce also 

established the following companyspecific third country CBP case number 

for SeAH VINA, for which Commerce 

made an affirmative determination of 

circumvention, for entries of pipe and 

tube produced in Vietnam using Indiaorigin HRS: A–552–012–001. The cash 

deposit rate will be the India AD allothers rate (i.e., 7.08 percent).13

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 for Vietnam, Commerce 

established importer and exporter 

certifications which allow companies to 

certify that specific entries of pipe and 

tube 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 

India-origin HRS or was made with an 

input other than HRS (see Appendix II 

to this notice). 

Importers and exporters that claim 

that the entry of pipe and tube is not 

subject to suspension of liquidation or 

the collection of cash deposits because 

the merchandise was not made with 

India-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 (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 pipe and tube that was 

manufactured in Vietnam to the United 

States. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 77281 

14See Order. 

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 pipe and tube 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 pipe and tube 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 

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,14 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 May. 

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: Certification Requirements for 

Vietnam Haiphong 

Comment 4: Whether Commerce Is Bound 

by its Previous Determination That SeAH 

VINA’s Exports of Pipe Produced Using 

Imported HRS Are Products of Vietnam 

Comment 5: Whether Commerce May 

Impose Antidumping or Countervailing 

Duties in the Absence of Evidence of 

Injurious Dumping or Subsidies on 

SeAH VINA’s Pipe Exports 

Comment 6: Whether the Production of 

Pipe From Imported HRS Constitutes 

‘‘Assembly or Completion’’ Within the 

Meaning of the Statute 

Comment 7: Whether the Process of 

Completion of Pipe in Vietnam Is Minor 

or Insignificant 

Comment 8: Whether Commerce Properly 

Considered the Lack of Affiliations 

Comment 9: Whether Commerce Properly 

Considered the Pattern of Trade and 

Sourcing 

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 

certain welded carbon steel standard pipes 

and tubes (pipe and tube) 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 

pipe and tube, 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 pipe and tube 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 pipe and tube 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 

pipe and tube); 

F. This certification applies to the 

following entries (repeat this block as many 

times as necessary): 


ddrumheller on DSK120RN23PROD with NOTICES1
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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 pipe and 

tube covered by this certification was 

produced using inputs other than HRS. 

Producer: 

Producer’s Address: 

G. The pipe and tube covered by this 

certification does not contain HRS produced 

in India; 

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 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 pipe and 

tube from India. 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 certain welded carbon 

steel standard pipes and tubes (pipe and 

tube) 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 pipe and tube 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 pipe and tube covered by this 

certification does not contain HRS produced 

in India; 

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 pipe and tube. 

Location (Country) of Producer of HRS: 

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

in the production of pipe and tube. 

F. The pipe and tube 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 pipe and tube 

from India. 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 


ddrumheller on DSK120RN23PROD with NOTICES1
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