Commerce is imposing certification requirements on an increasing number of AD/CVD cases. When required, the importer must provide importer and exporter certifications concerning the applicability of an AD/CVD order to merchandise that they are importing.

There are two scenarios when a certification may be required:

1. AD/CVD was not claimed, and there is known AD/CVD case circumvention activity – certification seeks to confirm that circumvention is not occurring.
2.  AD/CVD was filed and paid, and a non-country wide AD/CVD case is applied – certification seeks to confirm that it was correct to apply the company-specific case versus the country-wide case and that any specific requirements for that producer/exporter/manufacturer were met.
   Failure to provide the required certifications to products potentially subject to the AD/CVD orders can result in CBP suspending liquidation and collecting cash deposits at the AD/CVD established rates.

What Has Changed

• New regulations, effective October 20, 2021, enhanced Commerce's authority to require certifications by importers, exporters, and producers as to whether merchandise is subject to an AD/CVD order.
• Effective May 2, 2024, the Automated Commercial Environment (ACE) allows importers to identify entries that require AD/CVD certification.  

These certifications are different from a non-reimbursement certificate required when merchandise is found to be subject to AD/CVD. Some of the products requiring importer and exporter certifications for goods imported from certain countries include:

• Wooden Cabinets and Vanities
• Aluminum Wire and Cable
• Cold Rolled Steel Flat Products
• CSPV Cells/Modules
• Hardwood Plywood

What To Do

• Importers must complete and maintain the applicable importer certification, maintain a copy of the applicable exporter certification, and retain all supporting documentation for both certifications.
• The importer certification must be completed, signed, and dated at the time the entry summary is filed for the relevant entry.
• The importer, or the importer's agent, must submit both the importer's and the exporter's certifications to CBP as part of the entry process by uploading them into the document imaging system (DIS) in ACE.

Retroactive Certification Requirements

• Some certification requirements under AD/CVD cases are retroactive, such as Wooden Cabinets and Vanities and Components from Vietnam and Malaysia and Aluminum Wire and Cable from Vietnam and Korea.  
• Certifications for all applicable unliquidated entries must be uploaded before the relevant deadlines (10/15/24 and 10/9/24, respectively).
• Where no certification is provided for an entry, and the AD/CVD orders potentially apply to that entry, Commerce intends to instruct CBP to suspend the entry and collect cash deposits.

Antidumping and Countervailing duties, from case application to certification requirements, are highly complex trade determinations and onerous to implement. Tradewin's experts in AD/CVD are here to help. Contact us today.