CBP Initial Determination Malaysia Transshipping February 2022 | Page 25

January 12 , 2020 . 213 Monthong also indicated its owner is Su Yifang . 214 This is another false statement because the owner of Monthong , as well as Nio , is Mr . Feng . 215

Monthong submitted a document which indicates it purchased finished goods from Sanctuary Stone . 216 The invoice from Monthong to Nio is dated August 5 , 2021 . 217 However , Monthong indicated it purchased QSP from Sanctuary Stone on September 19 , 2021 , over a month after Monthong ’ s sale to Nio . 218 There is nothing in Monthong ’ s purchase document which ties it to the entry in question ( e . g ., invoice number , purchase order number , production records , etc .). As such , CBP finds this document is not responsive to the CF28 .

Monthong stated that its products are not QSP , but “ agglomerated stone or artificial stone ,” and provided “ test results ” which indicate that quartz comprises 33 % of the slabs . 219 CBP finds several issues with the test results provided by Monthong . For one , the test results do not tie to the entries in question , and there is no information as to what lab conducted the tests , when the tests were conducted , or for what entity they were conducted . 220 It also appears as though the full test results may not have been submitted as they are about a single half page in length . 221 More specifically , there are five test methods listed but only one “ result .” 222 At the end of the test results a statement is made that the “ Quantitative data is for reference only ” which CBP interprets to mean that the test results did not rely on actual data . 223 These discrepancies , coupled with the fact that record information indicates Sanctuary Stone is not the producer as Monthong claims , leads CBP to conclude Monthong ’ s statement that this product is not QSP is untrue .

In the CF28 , CBP requested that Nio provide entry transaction information including the original commercial invoices , proof of payments , CF7501s , contracts , purchase orders , country of origin documentation , and all bills of lading . CBP noted that the proof of payment should tie 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 . 224 As discussed below , not all of the information Nio provided ties to the entries in question .

Nio did not provide original commercial invoices , CF7501s , or contracts . 225 Nio submitted part of the packing list and part of the invoice , rather than the original documents requested . 226 Some of the documents submitted by Nio appear to be related to different sales . For example , the

213

See Malaysian Companies Memo at Companies Commission of Malaysia .

214

See Nio ’ s CF28 Response .

215

See Malaysian Companies Memo at Companies Commission of Malaysia ; Nio Allegation at Exhibit 4 .

216

See Nio ’ s CF28 Response .

217

Id .

218

Id .

219

Id .
220

Id .

221

Id .

222

Id .

223

Id .

224

See Nio ’ s CF28 Request .

225

See Nio ’ s CF28 Response .
226

Id .

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