82824 Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices 

1See Certain Aluminum Foil from the People’s 

Republic of China: Amended Final Determination 

of Sales at Less Than Fair Value and Antidumping 

Duty Order, 83 FR 17362 (April 19, 2018) (AD 

Order); see also Certain Aluminum Foil from the 

People’s Republic of China: Amended Final 

Affirmative Countervailing Duty Determination and 

Countervailing Duty Order, 83 FR 17360 (April 19, 

2018) (CVD Order) (collectively, Orders). 

2See Certain Aluminum Foil from the People’s 

Republic of China: Initiation of Circumvention 

Rural Development Innovation Center, 

Regulations Management Division, at 

202–221–9298. All responses to this 

notice will be summarized and included 

in the request for OMB approval. All 

comments will also become a matter of 

public record. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

become a matter of public record. 

Andrew Berke, 

Administrator, USDA, Rural Utilities Service. 

[FR Doc. 2023–26016 Filed 11–24–23; 8:45 am] 

BILLING CODE 3410–15–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Environmental Technologies Trade 

Advisory Committee 

AGENCY: International Trade 

Administration, U.S. Department of 

Commerce. 

ACTION: Notice of an open meeting of a 

Federal advisory committee. 

SUMMARY: The Environmental 

Technologies Trade Advisory 

Committee (ETTAC) will hold a virtual 

meeting, accessible to the public online, 

on Thursday, December 14, 2023. The 

meeting is open to the public with 

registration instructions provided 

below. This notice sets forth the 

schedule and proposed topics for the 

meeting. 

DATES: The meeting is scheduled for 

Thursday, December 14, 2023 from 11 

a.m. to 12:30 p.m. Eastern Standard 

Time (EST). The deadline for members 

of the public to register to participate, 

including requests to make comments 

during the meeting and for auxiliary 

aids, or to submit written comments for 

dissemination prior to the meeting, is 5 

p.m. EST on Friday, December 1, 2023. 

ADDRESSES: The meeting will be held 

virtually. Requests to register to 

participate (including to speak or for 

auxiliary aids) and any written 

comments should be submitted via 

email to Ms. Megan Hyndman, Office of 

Energy & Environmental Industries, 

International Trade Administration, at 

Megan.Hyndman@trade.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Megan Hyndman, Office of Energy & 

Environmental Industries, International 

Trade Administration (Phone: 202–823– 

1839; email: Megan.Hyndman@

trade.gov). Registered participants 

joining virtually will be emailed the 

login information for the meeting, 

which will be accessible as a livestream 

via WebEx Webinar. 

SUPPLEMENTARY INFORMATION: The 

ETTAC is mandated by section 2313(c) 

of the Export Enhancement Act of 1988, 

as amended, 15 U.S.C. 4728(c), to advise 

the Environmental Trade Working 

Group of the Trade Promotion 

Coordinating Committee, through the 

Secretary of Commerce, on the 

development and administration of 

programs to expand U.S. exports of 

environmental technologies, goods, 

services, and products. The ETTAC was 

most recently re-chartered through 

August 16, 2024. 

On Thursday, December 14, 2023 

from 11 a.m. to 12:30 p.m. EST, the 

ETTAC will hold the fifth meeting of its 

current charter term. During the 

meeting, committee members will 

deliberate on approval of several 

proposed recommendations. 

The meeting will be open to the 

public and time will be permitted for 

public comment before the close of the 

meeting. Members of the public seeking 

to attend the meeting are required to 

register by Friday, December 1, 2023, at 

5 p.m. EST, via the contact information 

provided above. This meeting will be 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to OEEI at 

Megan.Hyndman@trade.gov or (202) 

823–1839 by the registration deadline. 

Requests received after this date will be 

accepted, but it may not be possible to 

accommodate them. 

Written comments concerning ETTAC 

affairs are welcome any time before or 

after the meeting. To be considered 

during the meeting, written comments 

must be received by Friday, December 1, 

2023, at 5 p.m. EST to ensure 

transmission to the members before the 

meeting. Draft minutes will be available 

within 30 days of this meeting. 

Dated: November 20, 2023. 

Man K. Cho, 

Deputy Director, Office of Energy and 

Environmental Industries. 

[FR Doc. 2023–26069 Filed 11–24–23; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–053, C–570–054] 

Antidumping and Countervailing Duty 

Orders on Certain Aluminum Foil From 

the People’s Republic of China: Final 

Affirmative Determinations of 

Circumvention With Respect to the 

Republic of Korea and the Kingdom of 

Thailand 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

imports of certain aluminum foil 

(aluminum foil) that were exported from 

the Republic of Korea (Korea) and from 

the Kingdom of Thailand (Thailand), 

using inputs (i.e., aluminum foil- and 

sheet-gauge products) manufactured in 

the People’s Republic of China (China), 

as specified below, are circumventing 

the antidumping duty (AD) and 

countervailing duty (CVD) orders on 

aluminum foil from China. 

DATES: Applicable November 27, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Heaney and Mark Flessner, 

Office VI, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–4475 

and (202) 482–6312, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 19, 2018, Commerce 

published in the Federal Register AD 

and CVD orders on U.S. imports of 

aluminum foil from China.1 On July 18, 

2022, pursuant to section 781(b) of the 

Tariff Act of 1930, as amended (the Act), 

and 19 CFR 351.226(b), Commerce selfinitiated country-wide circumvention 

inquiries to determine whether imports 

of aluminum foil, completed in Korea 

and Thailand (collectively, the third 

countries), using inputs (i.e., aluminum 

foil- and sheet-gauge products) 

manufactured in China, are 

circumventing the Orders and, 

accordingly, should be covered by the 

scope of the Orders.2 On March 22, 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices 82825 

Inquiries on the Antidumping Duty and 

Countervailing Duty Orders, 87 FR 42702 (July 18, 

2022) (Initiation Notice). 

3Antidumping and Countervailing Duty 

Determinations on Certain Aluminum Foil from the 

People’s Republic of China: Preliminary Affirmative 

Determinations of Circumvention with Respect to 

the Republic of Korea and the Kingdom of 

Thailand, 88 FR 17177 (March 22, 2023) 

(Preliminary Determinations), and accompanying 

Korea Preliminary Decision Memorandum (Korea 

PDM) and Thailand Preliminary Decision 

Memorandum (Thailand PDM) (collectively, 

Preliminary Decision Memoranda). 

4See Antidumping and Countervailing Duty 

Orders on Certain Aluminum Foil from the People’s 

Republic of China: Preliminary Affirmative 

Determinations of Circumvention With Respect to 

the Republic of Korea and the Kingdom of 

Thailand; Correction, 88 FR 18297 (March 28, 2023) 

(Preliminary Determinations Correction). 

5See Memoranda, ‘‘Extension of Final 

Determinations in Circumvention Inquiries,’’ dated 

July 12, 2023; and ‘‘Extension of Final 

Determinations in Circumvention Inquiries,’’ dated 

September 26, 2023. 

6See Memoranda, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Circumvention Determination of the Antidumping 

Duty Order on Certain Aluminum Foil from the 

People’s Republic of China with Respect to the 

Republic of Korea,’’ dated concurrently with, and 

hereby adopted by, this notice; and ‘‘Issues and 

Decision Memorandum for the Circumvention 

Determination of the Antidumping Duty Order on 

Certain Aluminum Foil from the People’s Republic 

of China with Respect to the Kingdom of Thailand,’’ 

dated concurrently with, and hereby adopted by, 

this notice (collectively, Issues and Decision 

Memoranda). 

7See Preliminary Determinations Korea PDM at 

6–23 and Thailand PDM at 8–23. 

8See Preliminary Determinations Korea PDM at 

2–3 and Thailand PDM at 2–3 and 15. 

9See Preliminary Determinations, 88 FR 17178. 

2023, Commerce published in the 

Federal Register its Preliminary 

Determinations that imports of certain 

aluminum foil that were exported from 

Korea and Thailand using inputs (i.e., 

aluminum foil and sheet gauge 

products) are circumventing the 

Orders.3 On March 28, 2023, Commerce 

published a correction to the 

Preliminary Determinations which 

listed corrected AD and CVD cash 

deposit rates associated with the 

Preliminary Determinations.4

On July 12 and September 26, 2023, 

Commerce extended the deadline for the 

final determinations of these 

circumvention inquiries to November 

17, 2023.5 For a summary of events that 

occurred since the Preliminary 

Determinations, as well as a full 

discussion of the issues raised by parties 

for consideration in these final 

determinations, see the Issues and 

Decision Memoranda.6

The Issues and Decision Memoranda 

are public documents and are on file 

electronically via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). A 

list of issues discussed in the Issues and 

Decision Memoranda are included as 

Appendix I to this notice. ACCESS is 

available to registered users at https://

access.trade.gov. In addition, complete 

versions of the Issues and Decision 

Memoranda can be accessed directly at 

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

FRNoticesListLayout.aspx. 

Scope of the Order 

The merchandise covered by the 

Orders is certain aluminum foil. For a 

full description of the scope of the 

Orders, see the Issues and Decision 

Memoranda. 

Merchandise Subject to the 

Circumvention Inquiry 

These circumvention inquiries cover 

aluminum foil, assembled or completed 

in Korea and Thailand using Chineseorigin aluminum foil and/or sheet, that 

is subsequently exported from Korea 

and Thailand to the United States 

(inquiry merchandise). 

Methodology 

Commerce conducted these 

circumvention inquiries in accordance 

with section 781(b) of the Act and 19 

CFR 351.226. See Preliminary 

Determinations Korea PDM and 

Thailand 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 determinations. 

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 Memoranda. Based on our 

analysis of the comments received from 

interested parties, we made no changes 

to the Preliminary Determinations, 

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 third-country 

shipments of certain aluminum foil 

reflect prevailing aluminum cash 

deposit rates. 

Final Circumvention Determinations 

We determine that aluminum foil, 

assembled or completed in Korea and 

Thailand by the entities identified in 

Appendix II to this notice, using 

Chinese-origin aluminum foil and/or 

sheet, that is subsequently exported 

from Korea or Thailand to the United 

States, is circumventing the Orders. For 

a detailed explanation of our 

determinations with respect to the 

entities identified in Appendix II, see 

the Preliminary Decision Memoranda 

and the ‘‘Use of Adverse Facts 

Available’’ section of this notice, 

below.8

We also determine that U.S imports of 

inquiry merchandise exported from 

Korea and Thailand are circumventing 

the Orders on a country-wide basis. As 

a result, in accordance with section 

781(b) of the Act, we determine that this 

merchandise is covered by 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 

‘‘Certification’’ and ‘‘Certification 

Requirements’’ sections below for 

details regarding the use of 

certifications. 

Use of Adverse Facts Available 

Within the context of the Thailand 

inquiry, Commerce continues to find 

that necessary information is not 

available on the record with respect to 

Sankyu Thai Co., Ltd. (Sankyu) within 

the meaning of section 776(a)(1) of the 

Act, and that Sankyu withheld 

requested information, failed to provide 

requested information by the deadline 

or in the form or manner requested, and 

significantly impeded these inquiries 

pursuant to sections 776(a)(1), (A), (B), 

and (C) of the Act. Moreover, Commerce 

continues to find that Sankyu failed to 

cooperate by not acting to the best of its 

ability to provide requested information 

pursuant to section 776(b)(1) of the Act. 

Consequently, we have continued to use 

adverse inferences with respect to 

Sankyu in selecting from among the 

facts otherwise available on the record, 

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

the Act, for the reasons discussed in the 

Preliminary Determinations.9

Based on the adverse facts available 

used, we determine that Sankyu 

exported inquiry merchandise and that 

U.S. entries of that merchandise are 

circumventing the Orders. Additionally, 

we are precluding Sankyu from 

participating in the certification 

programs that we are establishing for 

exports of aluminum foil from Thailand. 

U.S. entries of inquiry merchandise 

made on or after July 18, 2022, that are 

ineligible for certification based on the 

failure of Sankyu to cooperate, or for 

other reasons, shall remain subject to 

suspension of liquidation until final 

assessment instructions on those entries 

are issued, whether by automatic 

liquidation instructions, or by 

instructions pursuant to the final results 

of an administrative review. Interested 

parties that wish to have their 


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10See 19 CFR 351.213(b). 

11See Preliminary Determinations Correction, 88 

FR 18287. 

12See the ‘‘Use of Adverse Facts Available’’ 

section, supra; 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). 

suspended entries, if any, reviewed, and 

their ineligibility for the certification 

program reevaluated, should request an 

administrative review of the relevant 

suspended entries during the 

anniversary month of these Orders.10

Suspension of Liquidation and Cash 

Deposit Requirements 

Based on the affirmative country-wide 

determination of circumvention for 

Korea and Thailand, in accordance with 

19 CFR 351.226(l)(3), Commerce will 

direct U.S. Customs and Border 

Protection (CBP) to suspend liquidation 

and require a cash deposit of estimated 

duties on unliquidated entries of entries 

of aluminum foil, assembled or 

completed in Korea and Thailand using 

Chinese-origin aluminum foil and/or 

sheet, for consumption on or after July 

18, 2022, the date of publication of the 

initiation of these circumvention 

inquiries in the Federal Register. 

For exporters of aluminum foil that 

have a company-specific cash deposit 

rate under the AD Order and/or CVD 

Order, the cash deposit rate will be the 

company-specific AD and/or CVD cash 

deposit rate established for that 

company in the most recently 

completed segment of the aluminum foil 

proceedings. For exporters of aluminum 

foil that do not have a company-specific 

cash deposit rate under the AD Order 

and/or CVD Order, the cash deposit rate 

will be the company-specific cash 

deposit rate established under the AD 

Order and/or CVD Order for the 

company that exported the aluminum 

foil and/or sheet to the producer/ 

exporter in Korea or Thailand that was 

incorporated in the imported aluminum 

foil. If neither the exporter of the 

aluminum foil from Korea or Thailand, 

nor the Chinese exporter of the 

aluminum foil and/or sheet, has a 

company-specific cash deposit rate, the 

AD cash deposit rate will be the Chinawide rate (i.e., 95.15 percent), and the 

CVD cash deposit rate will be the allothers rate (i.e., 13.28 percent).11

Commerce has established the following 

third-country case numbers in the 

Automated Commercial Environment 

(ACE) for such entries: Korea—A–580– 

053/C–580–054; Thailand—A–549–053/ 

C–549–054. The suspension of 

liquidation will remain in effect until 

further notice. 

Certified Entries 

Entries for which the importer and 

exporter have met the certification 

requirements described below and in 

Appendix III to this notice will not be 

subject to suspension of liquidation, or 

the cash deposit requirements described 

above. Failure to comply with the 

applicable certification requirements 

may result in the merchandise being 

subject to antidumping and 

countervailing duties. 

Certifications 

To administer the country-wide 

affirmative determinations of 

circumvention for Korea and Thailand, 

Commerce established importer and 

exporter certifications which will 

permit importers and exporters to 

establish that specific entries of 

aluminum foil from Korea or Thailand 

are not subject to suspension of 

liquidation or the collection of cash 

deposits pursuant to these affirmative 

determinations of circumvention 

because the merchandise meets the 

requirements described in the 

certification (see Appendix III to this 

notice). Because Sankyu was noncooperative, it is not eligible to use the 

certification described above.12

Importers and exporters that claim 

that the entry of aluminum foil is not 

subject to suspension of liquidation or 

the collection of cash deposits based on 

the inputs used to manufacture such 

merchandise must complete the 

applicable certification and meet the 

certification and documentation 

requirements described below, as well 

as the requirements identified in the 

applicable certification. 

Certification Requirements for Korea 

and Thailand 

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 aluminum foil that was 

manufactured in Korea or Thailand 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 unliquidated entries (and entries 

for which liquidation has not become 

final) of aluminum foil 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 July 18, 

2022 (the date of initiation of these 

circumvention inquiries), through the 

date of publication of the Preliminary 

Determinations in the Federal Register, 

for which none of the above 

certifications may be made, importers 

must file a Post Summary Correction 

with CBP, in accordance with CBP’s 

regulations, regarding conversion of 

such entries from 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 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 

antidumping and countervailing duties. 

If it is determined that an importer 

and/or exporter has not met the 

certification and/or related 

documentation requirements for certain 

entries, Commerce intends to instruct 

CBP to suspend, pursuant to this 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices 82827 

13See Orders. 

country-wide affirmative determination 

of circumvention and the Orders,13 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 window during the 

anniversary month of the publication of 

the Orders to submit such requests. The 

anniversary month for these Orders is 

April. 

Administrative Protective Order 

This notice will serve as the only 

reminder to all parties subject to an 

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 17, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

List of Topics Discussed in the Issues and 

Decision Memoranda 

Korea 

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: Whether these Inquiries Are 

Appropriate 

Comment 2: Application of the Factors in 

Section 781(a)(2)(A)–(E) of the Act 

Comment 3: Whether the Value of the 

Merchandise Produced in China Is a 

Significant Portion of the Total Value of 

the Merchandise Exported to the United 

States 

Comment 4: Definitions of Sheet and Strip 

Comment 5: Whether Different Market 

Situations in Korea and Thailand compel 

Different Circumvention Analyses 

Comment 6: Patterns of trade 

Comment 7: Certification/Proposed 

Exclusions 

Comment 8: Extension of Time for 

Certifications 

VIII. Recommendation 

Thailand 

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: Whether these Inquiries Are 

Appropriate 

Comment 2: Application of the Factors in 

Section 781(a)(2)(A)–(E) of the Act 

Comment 3: Whether the Value of the 

Merchandise Produced in China Is a 

Significant Portion of the Total Value of 

the Merchandise Exported to the United 

States 

Comment 4: Definitions of Sheet and Strip 

Comment 5: Certification/Proposed 

Exclusions 

Comment 6: Separate Rates 

Comment 7: Extension of Time for 

Certifications 

VIII. Recommendation 

Appendix II 

Companies Found To Be Circumventing the 

Orders 

Korea 

1. Dong-IL Aluminium Co., Ltd. 

2. Lotte Aluminium Co., Ltd. 

3. Dongwon Systems Corp. 

4. ILJIN ALTECH Co., Ltd. 

5. Korea Aluminium Co., Ltd. 

6. Sam-A Aluminium Co., Ltd. 

Thailand 

1. Dingheng New Materials Co., Ltd. 

2. Ding Li New Materials Co., Ltd. 

3. Sankyu Thai Co., Ltd. (based on adverse 

facts available) 

Appendix III 

Certification Regarding Chinese Components 

Importer Certification 

I hereby certify that: 

A. My name is {IMPORTING COMPANY 

OFFICIAL’S NAME} and I am an official of 

{NAME OF IMPORTING COMPANY}, 

located at {ADDRESS OF IMPORTING 

COMPANY}. 

B. I have direct personal knowledge of the 

facts regarding the importation into the 

Customs territory of the United States of the 

aluminum foil completed in {COUNTRY} 

that entered under the entry summary 

number(s), identified below, and are covered 

by this certification. ‘‘Direct personal 

knowledge’’ refers to the facts the certifying 

party is expected to have in its own records. 

For example, the importer should have direct 

personal knowledge of the exporter’s and/or 

seller’s identity and location. 

C. If the importer is acting on behalf of the 

first U.S. customer, include the following 

sentence as paragraph C of this certification: 

The aluminum foil covered by this 

certification was imported by {NAME OF 

IMPORTING COMPANY} on behalf of 

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

{ADDRESS OF U.S. CUSTOMER}. 

If the importer is not acting on behalf of 

the first U.S. customer, include the following 

sentence as paragraph C of this certification: 

{NAME OF IMPORTING COMPANY} is 

not acting on behalf of the first U.S. 

customer. 

D. The aluminum foil 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 the inputs used to produce the 

imported products). 

F. The importer certifies that the aluminum 

foil produced in {COUNTRY} that is covered 

by this certification was not manufactured 

using aluminum foil and/or sheet produced 

in the People’s Republic of China (China), 

regardless of whether sourced directly from 

a Chinese producer or from a downstream 

supplier. 

G. The aluminum foil covered by this 

certification is not covered by the 

antidumping duty or countervailing duty 

orders on certain aluminum foil from China. 

H. This certification applies to the 

following entries (repeat this block as many 

times as necessary): 

Entry Summary #: 

Entry Summary Line Item #: 

Foreign Seller: 

Foreign Seller’s Address: 

Foreign Seller’s Invoice #: 

Foreign Seller’s Invoice Line Item #: 

Producer: 

Producer’s Address: 

I. I understand that {NAME OF 

IMPORTING COMPANY} is required to 

maintain a copy of this certification and 

sufficient documentation supporting this 

certification (i.e., documents maintained in 

the normal course of business, or documents 

obtained by the certifying party, for example, 

product specification sheets, production 

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

the date that is five years after the latest entry 

date of the entries covered by the 

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

after the conclusion of any litigation in 

United States courts regarding such entries. 


khammond on DSKJM1Z7X2PROD with NOTICES
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J. I understand that {NAME OF 

IMPORTING COMPANY} is required to 

maintain a copy of the exporter’s certification 

(attesting to information regarding the 

production and/or exportation of the 

imported merchandise identified above), and 

any supporting documentation provided to 

the importer by the exporter, until the later 

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

latest entry date of the entries covered by the 

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

after the conclusion of any litigation in 

United States courts regarding such entries. 

K. I understand that {NAME OF 

IMPORTING COMPANY} is required to 

provide U.S. Customs and Border Protection 

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

Commerce (Commerce) with the importer 

certification, and any supporting 

documentation, and a copy of the exporter’s 

certification, and any supporting 

documentation provided to the importer by 

the exporter, upon the request of either 

agency. 

L. I understand that the claims made 

herein, and the substantiating 

documentation, are subject to verification by 

CBP and/or Commerce. 

M. I understand that failure to maintain the 

required certifications and supporting 

documentation, or failure to substantiate the 

claims made herein, or not allowing CBP 

and/or Commerce to verify the claims made 

herein, may result in a de facto 

determination that all entries to which this 

certification applies are entries of 

merchandise that is covered by the scope of 

the antidumping and countervailing duty 

orders on aluminum foil from China. I 

understand that such a finding will result in: 

(i) suspension of liquidation of all 

unliquidated entries (and entries for which 

liquidation has not become final) for which 

these requirements were not met; 

(ii) the importer being required to post the 

antidumping duty and countervailing duty 

cash deposits determined by Commerce; and 

(iii) the importer no longer being allowed 

to participate in the certification process. 

N. I understand that agents of the importer, 

such as brokers, are not permitted to make 

this certification. 

O. This certification was completed and 

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

summary if the entry date is more than 14 

days after the date of publication of the 

notice of Commerce’s preliminary 

determination of circumvention in the 

Federal Register. If the entry date is on or 

before the 14th day after the date of 

publication of the notice of Commerce’s 

preliminary determination of circumvention 

in the Federal Register, this certification was 

completed and signed by no later than 45 

days after publication of the notice of 

Commerce’s preliminary determination of 

circumvention in the Federal Register. 

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

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

criminal sanctions on individuals who 

knowingly and willfully make materially 

false statements to the U.S. government. 

Signature 

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

{DATE} 

Exporter Certification 

The party that made the sale to the United 

States should fill out the exporter 

certification. 

I hereby certify that: 

A. My name is {COMPANY OFFICIAL’S 

NAME} and I am an official of {NAME OF 

EXPORTING COMPANY}, located at 

{ADDRESS OF EXPORTING COMPANY}. 

B. I have direct personal knowledge of the 

facts regarding the production and 

exportation of the aluminum foil 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 aluminum foil 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 seller certifies that the aluminum 

foil produced in {COUNTRY} that is covered 

by this certification was not manufactured 

using aluminum foil and/or sheet produced 

in the People’s Republic of China (China), 

regardless of whether sourced directly from 

a Chinese producer or from a downstream 

supplier. 

E. The aluminum foil covered by this 

certification is not covered by the 

antidumping duty or countervailing duty 

orders on certain aluminum foil from China. 

F. This certification applies to the 

following sales to {NAME OF U.S. 

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

CUSTOMER} (repeat this block as many 

times as necessary): 

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

Foreign Seller’s Invoice to U.S. Customer 

Line Item #: 

Producer Name: 

Producer’s Address: 

Producer’s Invoice # to the Foreign Seller: 

(if the foreign seller and the producer are the 

same party, report ‘‘NA’’ here) 

G. I understand that {EXPORTING 

COMPANY} is required to maintain a copy 

of this certification and sufficient 

documentation supporting this certification 

(i.e., documents maintained in the normal 

course of business, or documents obtained by 

the certifying party, for example, product 

specification sheets, customer specification 

sheets, production records, invoices, etc.) 

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

after the latest entry date of the entries 

covered by the certification; or (2) the date 

that is three years after the conclusion of any 

litigation in United States courts regarding 

such entries. 

H. I understand that {EXPORTING 

COMPANY}is required to provide the U.S. 

importer with a copy of this certification and 

is required to provide U.S. Customs and 

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

Department of Commerce (Commerce) with 

this certification, and any supporting 

documents, upon the request of either 

agency. 

I. I understand that the claims made 

herein, and the substantiating 

documentation, are subject to verification by 

CBP and/or Commerce. 

J. I understand that failure to maintain the 

required certification and supporting 

documentation, or failure to substantiate the 

claims made herein, or not allowing CBP 

and/or Commerce to verify the claims made 

herein, may result in a de facto 

determination that all sales to which this 

certification applies are sales of merchandise 

that is covered by the scope of the 

antidumping and countervailing duty orders 

on aluminum foil from China. I understand 

that such a finding will result in: 

(i) suspension of liquidation of all 

unliquidated entries (and entries for which 

liquidation has not become final) for which 

these requirements were not met; 

(ii) the importer being required to post the 

antidumping and countervailing duty cash 

deposits determined by Commerce; and 

(iii) the seller/exporter no longer being 

allowed to participate in the certification 

process. 

K. I understand that agents of the seller/ 

exporter, such as freight forwarding 

companies or brokers, are not permitted to 

make this certification. 

L. This certification was completed and 

signed, and a copy of the certification was 

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

date of shipment if the shipment date is after 

the date of publication of the notice of 

Commerce’s preliminary determination of 

circumvention in the Federal Register. If the 

shipment date is on or before the date of 

publication of the notice of Commerce’s 

preliminary determination of circumvention 

in the Federal Register, this certification was 

completed and signed, and a copy of the 

certification was provided to the importer, by 

no later than 45 days after publication of the 

notice of Commerce’s preliminary 

determination of circumvention in the 

Federal Register. 

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

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

criminal sanctions on individuals who 

knowingly and willfully make materially 

false statements to the U.S. government. 

Signature 

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

{DATE} 

[FR Doc. 2023–26030 Filed 11–24–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–870] 

Certain New Pneumatic Off-the-Road 

Tires From India: Notice of Correction 

to the Final Results, and Amended 

Final Results of Countervailing Duty 

Administrative Review; 2021 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

ACTION: Notice; correction. 

SUMMARY: On October 3, 2023, the U.S. 

Department of Commerce (Commerce) 


khammond on DSKJM1Z7X2PROD with NOTICES