CBP Initial Determination Malaysia Transshipping February 2022 | 页面 24

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 Nio , and if so , whether this affects the price paid or payable . ²⁰²

The few CF28 questions concerning production that Nio and Monthong answered contain false information . In Nio ’ s CF28 Response , Monthong claimed that it is only a trading company and that the manufacturer is Sanctuary Stone . ²⁰³ Monthong submitted production information identical to that of MSI in Big D ’ s CF28 Response . ²⁰⁴ CBP discussed above how record evidence concerning Sanctuary Stone indicates it primarily sells natural stone , how its factory looks dissimilar to the factory photographs provided by Monthong , and that the photographs supplied are from a Chinese QSP producer , Vemy Stone . ²⁰⁵ Like Big D ’ s CF28 Response , the name “ Vemy ” has been removed from some of the pieces of equipment in the photographs submitted by Monthong . ²⁰⁶ When asked for a manufacturing process flow chart and narrative description of the production process , Monthong 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 . ²⁰⁷ Moreover , several of the photographs of the production process submitted by Monthong are location stamped at a location which is not Sanctuary Stone ’ s location , which is also discussed above . ²⁰⁸

CBP obtained information from the CCM for the MSW Companies . ²⁰⁹ These five companies all share a web of employees , directors , shareholders , and addresses . ²¹⁰ Mr . Feng is the owner of MSI and Monthong , as well as Nio . ²¹¹ As the MSW Companies are operated by the same individuals at varying addresses , and all supply certain importers under investigation with QSP , CBP finds these companies act as a single entity . Thus , while Monthong only provided number information to respond to CBP requests for information for entry [ company officials from Monthong could have also provided information for entry [ ] 8463 .

] 3887 , those same

number

CCM data indicates the dates of incorporation of these companies . When asked how long it has been opened for business , Monthong indicated it has been in operation “ more than 5 years .” ²¹² This statement is false . Record information from CCM indicates Monthong was incorporated

202

See Nio ’ s CF28 Request .

203

See Nio ’ s CF28 Response .

204

See Nio ’ s CF28 Response and Big D ’ s CF28 response for a comparison .

205

See Malaysian Companies Memo at Sanctuary Stone and Vemy Stone .

206

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

207

Id .

208

See Malaysian Companies Memo at Sanctuary Stone for a map indicating the distance between these two locations . This is also discussed in the “ Big D ” section above .

209

See Malaysian Companies Memo at Companies Commission of Malaysia for a summary chart which indicates the various overlaps between these five companies and the reports we received for each company .

210

Id .

211

Id .; Nio Allegation at Exhibit 4 .

212

See Nio ’ s CF28 Response .

24