1. On 09/15/2022, Commerce published in the Federal Register its notice of a preliminary scope determination and affirmative preliminary determination of the Vietnam-wide circumvention of the antidumping duty (AD) and countervailing duty (CVD) orders on stainless steel sheet and strip (SSSS) from the People's Republic of China (China) (87 FR 56626) (Preliminary Determination). 2. Scope of the Antidumping and Countervailing Duty Orders The merchandise covered by the Orders is stainless sheet and strip, whether in coils or straight lengths. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flat-rolled product with a width that is greater than 9.5 mm and with a thickness of 0.3048 mm and greater but less than 4.75 mm, and that is annealed or otherwise heat treated, and pickled or otherwise descaled. The subject sheet and strip may also be further processed (e.g., cold-rolled, annealed, tempered, polished, aluminized, coated, painted, varnished, trimmed, cut, punched, or slit, etc.) provided that it maintains the specific dimensions of sheet and strip set forth above following such processing. The products described include products regardless of shape, and include products of either rectangular or non-rectangular cross-section where such cross-section is achieved subsequent to the rolling process, i.e., products which have been "worked after rolling" (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above: (1) where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above; and (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross-section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of the Orders unless specifically excluded. Subject merchandise includes stainless sheet and strip that has been further processed in a third country, including but not limited to cold-rolling, annealing, tempering, polishing, aluminizing, coating, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the Orders if performed in the country of manufacture of the stainless sheet and strip. Excluded from the scope of the Orders are the following: (1) sheet and strip that is not annealed or otherwise heat treated and not pickled or otherwise descaled; (2) plate (i.e., flat-rolled stainless steel products of a thickness of 4.75 mm or more); and (3) flat wire (i.e., cold-rolled sections, with a mill edge, rectangular in shape, of a width of not more than 9.5 mm). The products under the Orders are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.0081, 7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.23.0030, 7219.23.0060, 7219.24.0030, 7219.24.0060, 7219.32.0005, 7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.32.0045, 7219.32.0060, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.33.0045, 7219.33.0070, 7219.33.0080, 7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.34.0050, 7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.35.0050, 7219.90.0010, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. 3. Scope of the Circumvention Inquiries This circumvention inquiry covers SSSS completed in Vietnam using certain non-subject stainless steel flat-rolled inputs of Chinese-origin that is subsequently exported from Vietnam to the United States. Note to CBP: The term "certain non-subject stainless steel flat-rolled inputs" refers to stainless steel flat-rolled products that are not further worked than hot-rolled and/or of a thickness greater than 4.75 millimeters. 4. Preliminary Affirmative Country-wide Circumvention Determinations Commerce preliminarily found SSSS completed in Vietnam with Chinese-sourced, non-subject stainless steel flat-rolled inputs and exported to the United States, is circumventing the orders on SSSS from China. Note to CBP: On 09/15/2022, concurrently with this circumvention determination, Commerce preliminarily determined that SSSS of Chinese-origin that is further processed or finished prior to being exported from Vietnam is merchandise covered by the scope of the AD and CVD orders on SSSS from China. The preliminary cash deposit instructions for Commerce's scope ruling will be issued separately from these instructions. 5. Suspension of Liquidation The suspension of liquidation and cash deposit requirements set forth in paragraph 5a-5b apply to all entries described below that do not meet the certification requirements described in paragraphs 6 through 6c.(iii). 5a. Case numbers A-552-042/C-552-043 have been set up to accommodate entries of SSSS completed in Vietnam that are circumventing the AD and CVD orders on SSSS from China. Accordingly, U.S. Customs and Border Protection (CBP) shall suspend liquidation, under case numbers A-552-042/C-552-043, of all unliquidated entries (and entries for which liquidation has not become final) of SSSS completed in Vietnam, that were entered, or withdrawn from warehouse, for consumption on or after 05/15/2020 (the date of publication of initiation of this circumvention inquiry). 5b. AD Cash Deposits: If SSSS was completed in Vietnam using certain non-subject stainless steel flat-rolled inputs supplied by a Chinese manufacturer with an exporter-specific rate, the importer, producer, or exporter may request establishment of a third-country case number specific to the Chinese supplier for such imports. For such imports, CBP shall require an AD cash deposit equal to that Chinese exporter's company-specific rate. Such requests from an importer, producer, or exporter should be filed on the record of the proceeding in Enforcement & Compliance's electronic record system, ACCESS. CBP may also request establishment of a company-specific third-country case number. Requests for establishment of company-specific third-country case numbers from CBP should be submitted through the ACE AD/CVD Portal Inquiry System. If SSSS was completed in Vietnam using certain non-subject stainless steel flat-rolled inputs supplied by a Chinese exporter without its own company-specific rate, such entries should be entered under case number A-552-042-000 and CBP shall require a cash deposit equal to the current China-wide rate percent of the entered value. 5c. CVD Cash Deposits: If SSSS was completed in Vietnam using certain non-subject stainless steel flat-rolled inputs supplied by a Chinese company with a producer- and/or exporter-specific rate, the importer, producer, or exporter may request establishment of a third-country case number specific to the Chinese supplier for such imports. For such imports, CBP shall require a producer and/or exporter's cash deposit equal to that Chinese supplier's company-specific rate. Such requests from an importer, producer, or exporter should be filed on the record of the proceeding in Enforcement & Compliance's electronic record system, ACCESS. CBP may also request establishment of a company-specific third-country case number. Requests for establishment of company-specific third-country case numbers from CBP should be submitted through the ACE AD/CVD Portal Inquiry System. If SSSS was completed in Vietnam using certain non-subject stainless steel flat-rolled inputs supplied by a Chinese exporter without its own company-specific rate, entries should be entered under C-552-000 and Commerce will instruct CBP to require CVD cash deposits equal to the China All-Others rate. 5d. For unliquidated entries (and entries for which liquidation has not become final) of merchandise covered by paragraphs 5a through 5c, entered, or withdrawn from warehouse, for consumption during the period 05/15/2020 through 09/14/2022, importers should file a Post Summary Correction with CBP, as appropriate, in accordance with CBP's regulations, regarding conversion of such entries from non-AD/CVD type entries to AD/CVD type entries and report those entries using the appropriate third-country case number. Any such entries that are set for liquidation should be unset immediately. 6. Certification Requirements If an importer imports SSSS from Vietnam and claims that the SSSS was not produced using certain non-subject stainless steel flat-rolled inputs sourced from China, then the importer and exporter are required to meet the certification and documentation requirements described below in order for no cash deposit to be required pursuant to the AD and CVD orders at issue. 6a. Eligibility for Certification 6a.(i) Except for the companies listed in paragraph 6a(ii), importers and exporters of SSSS from Vietnam are eligible for the certification process detailed below and in the Preliminary Determination (87 FR 56626). 6a.(ii) The companies listed below are currently not eligible to certify that their SSSS was not produced using certain non-subject stainless steel flat-rolled inputs sourced from China. Hoangvu Co., Ltd. SK Networks Co., Ltd. 6b. Certification Requirements for Importers and Exporters 6b.(i) For entries of SSSS from Vietnam entered, or withdrawn from warehouse, for consumption on or after 05/15/2020 (the date of initiation of this circumvention inquiry) for which the importer claims that the SSSS was not produced using certain non-subject stainless steel flat-rolled inputs sourced from China, the importer and exporter are required to meet the certification and documentation requirements detailed in the certifications below in order for no suspension of liquidation and no cash deposit to be required for such entries. 6b.(ii) The exporter is further required to provide the importer a copy of the Exporter Certification, and the importer is required to maintain a copy of the Exporter Certification. 6b.(iii) The importer and third-country exporter are required to maintain sufficient documentation supporting the importer and third-country exporter certifications (e.g., production records, invoices, etc.). The importer and exporter are required to maintain the certification and supporting documentation for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries. 6b.(iv) Although the importer will not be required to submit the certification or supporting documentation to CBP as part of the entry process, the importer and the exporter will be required to present the certification and supporting documentation to Commerce and/or CBP, as applicable, upon request by the respective agency. 6b.(v) Agents of the importer, such as brokers, are not permitted to make this certification. Where the importer uses a broker to facilitate the entry process, it should obtain the entry number and date of entry from the broker. 6b.(vi) The Exporter Certification should be completed by the party selling the merchandise manufactured in Vietnam to the United States, which may not necessarily be the producer of the product. 6b.(vii) The claims made in the Importer and Exporter Certifications and any supporting documentation are subject to verification by Commerce and/or CBP. 6c. Certification Timing Requirements for Importers and Exporters 6c.(i) For entries of SSSS (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption during the period 05/15/2020 through 09/14/2022 for which certifications are required, importers and exporters have the option to complete: (a) a blanket certification covering multiple entries, (b) individual certifications for each entry, or (c) a combination thereof. Importer and exporter certifications for these entries should be completed, signed, and dated no later than 10/30/2022 (within 45 days of publication of the Preliminary Determination in the Federal Register). Accordingly, the relevant bullet in the certification should be edited to reflect that the certification was completed within this time frame. For example, the bullet in the Importer Certification that reads, "This certification was completed by the time of filing the entry summary," could be edited as follows: "The imports referenced herein entered before 09/15/2022, the date on which Commerce published notice of its preliminary scope and circumvention findings in the Federal Register. This certification was completed on mm/dd/yyyy, within 45 days of the Federal Register notice publication." Similarly, exporters should complete the language in paragraph G in the Exporter Certification that reads: "The shipments/products referenced herein shipped before 09/15/2022, the date on which Commerce published notice of its preliminary scope and circumvention findings in the Federal Register. This certification was completed on mm/dd/yyyy, within 45 days of the Federal Register notice publication." Additionally, the exporter must provide the importer a copy of the Exporter Certification and supporting documents within 45 days of the Preliminary Determination publication. 6c.(ii) For subject merchandise (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption on or after 09/15/2022, for which certifications are required: -- the importer certification must be completed, signed, and dated by the time of filing of the entry summary for the relevant importation; and -- the exporter certification must be completed, signed, dated and provided to the importer by the time of shipment. Note: For merchandise shipped within 30 days of 09/15/2022, the certification requirements should be met as soon as practicable, but no later than 45 days of the Preliminary Determination publication. 6c.(iii) For unliquidated entries (and entries for which liquidation has not become final) of merchandise entered as non-AD/CVD type entries (e.g., type 01) that were (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption during the period 05/15/2020 through 09/14/2022, for which a conversion from non-AD/CVD to AD/CVD type is required; importers should file a Post Summary Correction with CBP (in accordance with CBP's regulations) using case number A-552-042-000/C-552-043-000. Similarly, the importer should pay cash deposits on those entries consistent with the regulations governing post summary corrections that require payment of additional duties. 7. Certifications 7a. 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 the stainless steel sheet and strip (SSSS) 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 the product (e.g., the name of the exporter) in its records; C. 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 SSSS inputs used to produce the imported products); D. 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 Stainless Steel Flat-Rolled Inputs: If the importer is acting on behalf of the first U.S. customer, complete this paragraph: E. The SSSS covered by this certification was imported by {IMPORTING COMPANY} on behalf of {U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}; F. The SSSS covered by this certification does not contain stainless steel flat-rolled inputs produced in the People's Republic of China (China); G. 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.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries; H. I understand that {IMPORTING COMPANY} is required to provide this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce); I. I understand that {IMPORTING COMPANY} is required to maintain a copy of the exporter's certification (attesting to the production and/or export of the imported merchandise identified above), and any supporting documentation provided by the exporter to the importer, for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries; J. I understand that {IMPORTING COMPANY}is required to maintain and provide a copy of the exporter's certification and supporting documentation provided by the exporter to the importer, upon request, to CBP and/or Commerce; 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 and/or failure to substantiate the claims made herein and/or failure to allow 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) and countervailing duty (CVD) orders on SSSS 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 requirement that the importer post applicable AD and/or CVD cash deposits (as appropriate) equal to the rates determined by Commerce; and (iii) the revocation of {IMPORTING COMPANY}'s privilege to certify that future imports of SSSS were not produced using stainless steel flat-rolled inputs sourced from China subject to these certifications. M. I understand that agents of the importer, such as brokers, are not permitted to make this certification; N. This certification was completed by the time of filing the entry summary or within 45 days of the date on which Commerce published notice of its preliminary scope and circumvention findings in the Federal Register; and O. I am aware that U.S. law (including, but not limited to, 18 U.S.C. Section1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature {NAME OF COMPANY OFFICIAL} {TITLE} {DATE} 7b. 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 in the Customs territory of the United States of the stainless steel sheet and strip (SSSS) identified below. "Direct personal knowledge" refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have "direct personal knowledge" of the producer's identity and location; C. The SSSS covered by this certification does not contain stainless steel flat-rolled inputs produced in the People's Republic of China (China); D. 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's Invoice # to Foreign Seller: (If the foreign seller and the producer are the same party, put NA here.) Producer's Invoice # Foreign Seller: (If the foreign seller and the producer are the same party, put NA here.) Producer of Stainless Steel Flat-Rolled Inputs' Name: Location (Country) of Producer of Stainless Steel Flat-Rolled Inputs: E. The SSSS products covered by this certification were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}; F. 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 data sheets, mill test reports, productions records, invoices, etc.) for the later of: (1) a period of five years from the date of entry; or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries; G. The shipments/products referenced herein shipped before mm/dd/yyyy, the date on which Commerce published notice of its preliminary scope and circumvention findings in the Federal Register. This certification was completed on mm/dd/yyyy, within 45 days of the Federal Register notice publication. {Or} The shipments/products referenced herein shipped on mm/dd/yyyy. This certification was completed on mm/dd/yyyy, within 45 days of the date on which Commerce published its preliminary scope and circumvention findings in the Federal Register. {Or} I understand that {EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer by the time of shipment; H. I understand that failure to maintain the required certification and supporting documentation, failure to substantiate the claims made herein, and/or failure to allow U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (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) and countervailing duty (CVD) orders on SSSS 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 requirement that the importer post applicable AD and/or CVD cash deposits (as appropriate) equal to the rates as determined by Commerce; and (iii) the revocation of {EXPORTING COMPANY}'s privilege to certify that future imports of SSSS were not produced using stainless steel flat-rolled inputs sourced from China subject to these certifications. I. This certification was completed at time of shipment or within 45 days of the date on which Commerce published notice of its preliminary scope and circumvention findings in the Federal Register; and J. I am aware that U.S. law (including, but not limited to, 18 U.S.C. Section1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature {NAME OF COMPANY OFFICIAL} {TITLE} {DATE} 8. This instruction does not affect or otherwise limit CBP's independent authority to take any additional action with respect to the suspension of liquidation or related measures. 9. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by DAS Ops: BHW.) 10. There are no restrictions on the release of this information. Alexander Amdur