CBP Initial Determination Malaysia Transshipping February 2022 | Page 15

regarding Ever Stone ’ s production capacity of each piece of equipment , as requested by CBP . ¹¹⁰ Opaly , however , stated that Ever Stone can produce 20,000 m2 of QSP per year . ¹¹¹

In terms of raw material acquisitions , Opaly did not answer most of the questions contained in the CF28 . Specifically , the following requested information was not provided with respect to the production of the entries at issue : ( a ) complete production records , including raw material purchase orders , commercial invoices , transportation documents and proof of payment ; ( b ) container load plans from each raw material manufacturer , including the dated receipt and signature of receipt for raw materials ; ( c ) foreign customs documentation for all raw materials , if they are imported ; ( d ) complete factory production records , including stamped timecards and work orders , as well as packaging costs and information ; ( e ) a demonstration as to how the manufacturer ties the raw materials to the finished products , for example , a purchase order or invoice number which appears on production documents ; ( f ) the name of the factory owner and all corporate officers . ¹¹² Opaly provided a slab production sheet dated , [ ^date ], and blank or illegible timecards from October 2021 . However , these two documents appear to have no relation to one another , and without further information , CBP is unable to determine where the QSP was produced and who produced it . According to Opaly , Ever Stone could not provide any additional information about raw materials because these are trade secrets and cannot be publicly disclosed . ¹¹³

Similarly , Opaly explains that it has no relation to Ever Stone , and that it cannot answer CBP questions regarding the name of the factory owner , corporate officer information , and the names of the corporate officers , ¹¹⁴ because this corporate office information also constitutes trade secrets . ¹¹⁵ This information is thus absent from Opaly ’ s CF28 response . As such , CBP does not possess the corporate information needed to determine the country of origin and producer of the QSP entered into the United States by Opaly .

Finally , CBP requested entry transaction information from Opaly . ¹¹⁶ Of the requested entry documents , Opaly provided a proforma invoice , commercial invoice , certificate of origin , Malaysian customs clearance documents , and bill of lading . ¹¹⁷ The commercial invoice covering number number number

entry number [ ] 8142 lists a total value of USD [ ] and a quantity of [ ] m2 of QSP .

¹¹⁸ This information does not directly comport with the details listed in the bill of lading or certificate origin , which are in cubic meters ( m3 ) and kgs . ¹¹⁹ Specifically , an approximate conversion using the total m2 from the commercial invoice does not appear to equal

110

See Opaly ’ s CF28 Request .

111

See Opaly ’ s CF28 Response .

112

See Opaly ’ s CF28 Request .

113

See Opaly ’ s CF28 Response .

114

See Opaly ’ s CF28 Request .

115

See Opaly ’ s CF28 Response at Attachment 2 .

116

See Opaly ’ s CF28 Request .

117

See Opaly ’ s CF28 Response .

118

Id .

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Id .

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