CBP Initial Determination Malaysia Transshipping February 2022 | Page 21

Kingway

On November 11 , 2021 , CBP requested information from Kingway concerning entry number [ number date

] 0564 , entry date [ ].

¹⁷³ Kingway submitted a timely but partial response on December 28 , 2021 . ¹⁷⁴ As outlined below , Kingway ’ s CF28 Response contains multiple discrepancies and is not complete . Therefore , TRLED is unable to rely on the information contained in Kingway ’ s CF28 Response to determine the country of origin of its QSP entries .

number

Kingway indicated the Malaysian manufacturer for entry [ ] 0564 is MSW .

¹⁷⁵

Kingway and MSW did not answer most questions contained in the CF28 . Specifically , the following requested information was not provided with respect to the production of the entry 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 ; and ( g ) whether the foreign producer / exporter has a relationship with Kingway , and if so , whether this affects the price paid or payable . ¹⁷⁶

The few CF28 questions concerning production that Kingway and MSW answered contain false information . In Kingway ’ s CF28 Response , MSW claimed that it is only a trading company , and that the manufacturer is Sanctuary Stone . ¹⁷⁷ MSW submitted production information identical to that of MSI in Big D ’ s CF28 Response . As discussed above , the record evidence concerning Sanctuary Stone indicates it primarily sells natural stone , its factory looks dissimilar to the factory photographs provided by MSW , and the photographs supplied are from a Chinese QSP producer , Vemy Stone . ¹⁷⁸ Like Big D ’ s CF28 Response , the name “ Vemy ” has been removed from some of the pieces of equipment in the photographs submitted by MSW . ¹⁷⁹ When asked for a manufacturing process flow chart and narrative description of the production process , MSW only submitted a list of production steps and a photograph of each step , several of which appear on Vemy Stone ’ s website , and did not submit the requested narrative of the manufacturing process . ¹⁸⁰ Moreover , several of the photographs of the production process submitted by MSW

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See CF28 issued to Kingway , dated November 22 and 29 , 2021 ( Kingway ’ s CF28 Request ).

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See Kingway ’ s CF28 Response , dated December 28 , 2021 ( Kingway ’ s CF28 Response ).

175

See Kingway ’ s CF28 Response ; NTAC Kingway Report , dated November 3 , 2021 ( NTAC Kingway Report ).

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See Kingway ’ s CF28 Request .

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See Kingway ’ s CF28 Response .

178

See Malaysian Companies Memo at Sanctuary Stone and Vemy Stone .

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See Kingway ’ s CF28 Response and the Malaysian Companies Memo at Vemy Stone for a comparison of the photographs .

180

See Malaysian Companies Memo at Vemy Stone .

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