- Effective Date: Jul 12, 2023
- Cite as: 89 FR 18600
Cite date: Mar 14, 2024
1. On 03/14/2024, Commerce issued a preliminary determination that imports of unthreaded pins of alloy steel from the People's Republic of China (China) are circumventing the antidumping and countervailing duty orders on steel threaded rod from China (A-570-104, C-570-105).
See 89 FR 18600.
2.
Specifically, Commerce preliminarily determined that, pursuant to section 781(a) of the Act, imports of unthreaded pins of alloy steel from China that are further processed in the United States into subject steel threaded rod are covered by the antidumping duty order on alloy and certain carbon steel threaded rod from China and the countervailing duty order on carbon and alloy steel threaded rod from China.
3.
This preliminary circumvention determination is applicable on a country-wide basis, regardless of foreign producer, exporter, or importer.
4.
Suspension of Liquidation
4a.
Continue to suspend liquidation of entries of unthreaded pins of alloy steel that are already subject to the suspension of liquidation under the antidumping and countervailing duty orders on
carbon and alloy steel threaded rod from China in accordance with messages 3198412, dated 07/17/2023 and 3198413, dated 07/17/2023.
4b.
For all entries of unthreaded pins of alloy steel produced in the People's Republic of China and exported to the United States not already subject to the suspension of liquidation, CBP shall suspend liquidation, of shipments entered, or withdrawn from warehouse, for consumption on or after 07/12/2023.
CBP shall require, for such entries, a cash deposit at the applicable rate(s) in effect on the date of entry.
4c.
Entries of products covered by subparagraphs 4a and 4b should not be liquidated until specific liquidation instructions are issued.
Any entries which are set for liquidation must be unset immediately.
5. Certification requirements
5a.
Eligibility for Certification
All importers of unthreaded pins of alloy steel from China are eligible for the certification process detailed below and in the Preliminary Determination (89 FR 18600, 03/14/2024), except for merchandise produced and/or exported by the company noted in paragraph 5b., below.
5b.
Ineligible Chinese Suppliers
Entries of unthreaded pins of alloy steel from China produced and/or exported by the following companies are ineligible for certification.
Company:
Ningbo Zhenghai Yongding Fastener Co., Ltd.
Company:
Ningbo Ningding Import & Export Co. Ltd.
Entries may have been made
under A-570-104-000, A-570-104-007; A-570-104-019; C-570-105-000, or other company-specific case numbers.
5c.
Further, if CBP determines that the certification and/or documentation requirements identified have not been met (i.e., CBP determines the certification and/or documentation is deficient or otherwise unacceptable), for all entries of unthreaded pins of alloy steel from China entered, or withdrawn from warehouse, for consumption on or after
07/12/2023 (the date of publication of the initiation of the circumvention inquiries, CBP shall suspend liquidation of all such entries as subject to the antidumping and countervailing duty orders, and shall require the importer to post applicable antidumping and countervailing cash deposits.
Such suspended entries will be liquidated pursuant to applicable administrative reviews of the carbon and alloy steel threaded rod from China antidumping and countervailing duty orders or through the automatic liquidation process.
5d.
Certification Timing and Format Requirements
For all unthreaded pins of alloy steel from China that were entered, or withdrawn from
warehouse, for consumption during the period 07/12/2023 through the date of publication of the preliminary determination in the Federal Register (89 FR 18600, 3/14/2024), where the entry has not been liquidated, the relevant certification should be completed and signed as soon as practicable, but not later than 45 days after the date of publication of the preliminary determination in the Federal Register. For such entries, importers have the option to complete a blanket certification covering multiple entries, individual certifications for each entry, or a combination thereof.
For entries on or after 03/14/2024 (date of the preliminary determinations of the anti-circumvention inquiries), importers should use the certifications attached to the Preliminary Determination (89 FR 18600, 03/14/2024) and contained below.
The importer, or the importer's agent, must transmit the importer's certification to CBP as part of the entry process by uploading it into the document imaging system (DIS) in ACE.
Where the importer uses a broker to facilitate the entry process, it should obtain the entry summary number from the broker.
Agents of the importer, such as brokers, however, are not permitted to certify on behalf of the importer.
Additionally, the claims made in certifications and any supporting documentation are subject to verification by Commerce and/or CBP.
Importers are required to maintain 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.
6.
Certifications
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 unthreaded pins of alloy steel produced in China that entered under the entry summary number(s), identified below, and which are covered by this certification.
Unthreaded pins of alloy steel are unthreaded rod, bar, or studs, having a solid, circular cross section of any diameter, in any length, and are non-headed.
Unthreaded pins may enter unchamfered or with their ends already chamfered. Such pins may also be referenced as "pitch diameter stud blanks" or "blanks."
"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 and producer) in its records.
(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 unthreaded pins of alloy steel covered by this certification were 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 imported unthreaded pins of alloy steel covered by this certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS FIRST SHIPPED IN THE UNITED STATES}, located at {ADDRESS OF SHIPMENT}.
(E) Select appropriate statement below:
__ I have direct personal knowledge of the facts regarding the end use of the imported product because my company is the end user of the imported product covered by this certification and I certify that the unthreaded pins of alloy steel will not be used to produce subject merchandise. "Direct personal knowledge" includes information contained within my company's books and records.
__ I have personal knowledge of the facts regarding the end use of the imported product because my company is not the end user of the imported product covered by this certification. However, I have been able to contact the end user of the imported product and confirm that it will not use this product to produce subject merchandise. The end user of the imported product is {COMPANY NAME} located at {ADDRESS}. "Personal knowledge" includes facts obtained from another party (e.g., correspondence received by the importer from the end user of the product).
(F) The imported unthreaded pins of alloy steel from China covered by this certification were not produced and/or exported by either Ningbo Zhenghai Yongding Fastener Co., Ltd. or Ningbo Ningding Import & Export Co. Ltd.
(G) 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:
(H) 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, mill certificates, production 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.
(I) I understand that {IMPORTING COMPANY} is required to submit a copy of the importer
certification as part of the entry summary by uploading it 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, upon request of either agency.
(J) I understand that the claims made herein, and the substantiating documentation, are subject
to verification by CBP and/or Commerce.
(K) I understand that failure to maintain the required certifications, 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/countervailing duty orders on steel threaded rod 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 antidumping duty and/or countervailing duty cash deposits (as appropriate) equal to the rates determined by Commerce; and
(iii) the importer no longer being allowed to participate in the certification process.
(L) I understand that agents of the importer, such as brokers, are not permitted to make this certification.
Where a broker or other party was used to facilitate the entry process, {NAME OF IMPORTING COMPANY} obtained the entry summary number and date of entry summary from that party.
(M) This certification was completed at or prior to the date of entry summary or within 45 days of the date on which Commerce published notice of its preliminary circumvention findings in the Federal Register.
(N) I am aware that U.S. law (including, but not limited to, 18 U.S.C. section 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}
7.
In accordance with 19 CFR 351.226(l)(5), 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.
8.
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 OV: ZCK.)
Alexander Amdur