CBP Initial Determination Malaysia Transshipping February 2022

the invoices to the manufacturer , and if invoices are paid in bulk processing , supporting schedules noting the specific invoices and itemized bulk payment requests from the manufacturer should be provided . ¹⁹⁵ Kingway did not provide original commercial invoices , CF7501s , or contracts . ¹⁹⁶ Kingway submitted part of the packing list and part of the invoice , rather than the original documents requested . ¹⁹⁷ Although Kingway labeled one page as “ COPY OF CONTRACT ,” this page only contains part of the packing list and part of the invoice , rather than the original documents requested . ¹⁹⁸

In sum , with respect to the production of QSP in Malaysia , Kingway and MSW did not answer most questions in the CF28 and for some of the questions they attempted to answer they provided altered photographic responses to questions , untrue statements in response to questions , or did not provide the requested documents . With respect to entry information , Kingway did not provide most documents requested and was unable to tie some of the documents it did submit to number

entry [ ] 0564 . Therefore , based on Kingway ’ s CF28 Response , CBP is unable to determine that the country of origin of the QSP entered by Kingway was Malaysia . Although Kingway ’ s CF28 Response does not allow us to determine the country of origin , other record evidence indicates the MSW Companies source QSP from China . This is discussed this below in the “ Other Evidence of Evasion ” section .

Nio

On November 22 , 2021 , CBP requested information from Nio concerning entry number [ ] 8463 , entry date [ ^date ], and on November 29 , 2021 , requested information concerning entry number date

number [ ] 3887 , entry date [ ].

¹⁹⁹ Nio submitted a timely but partial response on December 28 , 2021 . ²⁰⁰ As outlined below , Nio ’ s CF28 Response contains multiple discrepancies and is not complete . Therefore , TRLED is unable to rely on the information contained in Nio ’ s CF28 Response to determine the country of origin of its QSP entries .

number company

Nio indicated the Malaysian manufacturer for entry [ ] 8463 is [ ], and the number

Malaysian manufacturer for entry [

^number ] 3887 is Monthong . ²⁰¹ Nio provided no information company

for [ ] in its CF28 response , and thus , appears to have not responded at all to CBP ’ s

number requests for information for entry [ ] 8463 .

number

With respect to entry [ ] 3887 , Nio and Monthong 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 ;