• Effective Date: Sep 05, 2008
  • Notice of Lifting of Suspension Date: Apr 09, 2018

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 5 below.

1. Commerce received a scope ruling request from SinoStruct Proprietary Limited (SinoStruct). Commerce issued a final scope determination on 03/29/2018 that pipe spools described in the scope ruling request produced and exported by SinoStruct are not within the scope of the antidumping duty order on circular welded austenitic stainless pressure pipe from the People's Republic of China (A-570-930).

2. Commerce determined that SinoStruct's pipe spools, using third-country components that are not subject to any U.S. antidumping (AD) and countervailing duty (CVD) orders, are outside the scope of the AD and CVD orders on circular welded carbon-quality steel pipe from the People's Republic of China; circular welded austenitic stainless steel pressure pipe from the People's Republic of China; seamless carbon and alloy steel standard, line, and pressure pipe from the People's Republic of China, and the AD order on carbon steel butt-weld pipe fittings from the People's Republic of China.

3. For all entries of pipe spools not within scope that remain unliquidated on or after 09/05/2008, CBP shall terminate suspension and liquidate entries of product not within scope which were entered, or withdrawn from warehouse, for consumption.

4. Refund any cash deposits and release any bonds relating to pipe and spools described above.

5. These instructions constitute notice of the lifting of suspension of liquidation of entries of pipe spools entered, or withdrawn from warehouse, for consumption on or after 09/05/2008.

6. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period.

7. Unless instructed otherwise, for all other shipments of antidumping duty order on circular welded austenitic stainless pressure pipe from the People's Republic of China not covered by paragraph 2, you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

8. Certifications

Although the importer, and the producer and exporter will not be required to submit the certifications or supporting documentation to CBP as part of the entry process, the importer, and the producer and exporter will be required to present the certifications and supporting documentation, to Commerce and/or CBP, as applicable, upon request by the respective agency.
The claims made in the certifications and any supporting documentation are subject to verification by Commerce and/or CBP.

8a. IMPORTER CERTIFICATION

{Insert signature date} Final Scope Ruling on SinoStruct Engineered and Manufactured Pipe Spools: Importer Certification

I hereby certify that:
• My name is {INSERT COMPANY OFFICIAL'S NAME HERE} and I am an official of {INSERT NAME OF IMPORTING COMPANY};
• I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the pipe spools that entered under entry number(s) {INSERT ENTRY NUMBER(S)} and are covered by this certification. “Direct personal knowledge” refers to cognizance of the 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;
• I have personal knowledge of the facts regarding the production of the imported products covered by this certification. “Personal knowledge” refers to cognizance of facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the source of the substrate used to produce the imported products);
• The pipe spools imported from the People's Republic of China (China), as detailed on the invoice(s) and entry documentation for the entry number(s) listed above, are produced and exported by SinoStruct Proprietary Limited from pipe spool components (e.g., unfinished and finished fittings, flanges, and tubular sections) that are not subject to any U.S. antidumping or countervailing duty orders from any country;
• I understand that {INSERT 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, 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 United States courts regarding such entries;
• I understand that {INSERT NAME OF IMPORTING COMPANY} is required to provide this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce);
• I understand that {INSERT NAME OF IMPORTING COMPANY} is required to maintain a copy of SinoStruct Proprietary Limited's certification attesting to the production and export of the imported merchandise identified above 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 antidumping duty litigation regarding such entries;
• I understand that {INSERT NAME OF IMPORTING COMPANY} is required to provide a copy of SinoStruct Proprietary Limited's certification and supporting records, upon request, to CBP and/or Commerce;
• I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce;
• I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein, will result in:
o suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met and
o the requirement that the importer post an antidumping and/or countervailing cash deposit on those entries equal to the country-wide or all-others rate in effect for the relevant order(s);
• I understand that agents of the importer, such as brokers, are not permitted to make this certification;
• This certification was completed by the time of filing the entry summary;
• 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 importing company official

______________________
Title

______________________
Date

8b. PRODUCER AND EXPORTER CERTIFICATION

{Insert Signature Date} Final Scope Ruling on SinoStruct Engineered and Manufactured Pipe Spools:
Producer and Exporter Certification

I hereby certify that:
• My name is {INSERT COMPANY OFFICIAL'S NAME HERE} and I am an official of SinoStruct Proprietary Limited;
• I have direct personal knowledge of the facts regarding the production and exportation into the Customs territory of the United States of the pipe spools covered by this certification. “Direct personal knowledge” refers to cognizance of the facts the certifying party is expected to have in its own books and records.
• The pipe spools covered by this transaction were sold to {INSERT U.S. CUSTOMER NAME} pursuant to invoice #s: {LIST THE INVOICE #S HERE};
• The pipe spools covered by this certification are produced in, and exported from the People's Republic of China (China) by SinoStruct Proprietary Limited and are produced from pipe spool components (e.g., unfinished and finished fittings, flanges, and tubular sections) that are not subject to any U.S. antidumping or countervailing duty orders from any country;
• I understand that SinoStruct Proprietary Limited 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, 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 United States courts regarding such entries;
• I understand that SinoStruct Proprietary Limited is required to provide this certification and all records and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce);
• I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/or Commerce;
• I understand that failure to maintain the required certification or failure to substantiate the claims made herein, will result in:
o suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met and
o the requirement that the importer post a cash deposit on the entries at the country-wide or all-others rate in effect for the relevant order(s);
• This certification was completed at or prior to the time of shipment;
• 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 SinoStruct Proprietary Limited company official

_____________________
Title

______________________
Date

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 OIII:SM.)

10. There are no restrictions on the release of this information.

Alexander Amdur