CBP Initial Determination Malaysia Transshipping February 2022 | Page 34

Flowery Stone did not respond to its CF28 ; however , it provided some entry and production number

documents for entry [ ] 4463 .

³⁰⁵ For this entry , MSW is again listed as the manufacturer of the QSP entered by Flowery Stone . It provided much of the information it provided for entry number

[ ] 3721 , including MSW ’ s brochure .

³⁰⁶ The sales contract contains a curious clause under the arbitration section which states :

ALL DISPUTES ARISING FROM THE EXECUTION OF , OR IN CONNECTION OF WITH THIS S / C SHALL BE SETTELEDTHROUGH FRIENDLY NEGOTIATION , THEN THE CASE SHALL BE SUBMITTED TO CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION IN ACCORDANCE WITH THE PROVISIONAL RULES AND PROCEDURE . THE ARBITRATION AWARD IS FINAL AND BINDING UPON BOTH PARTY . ³⁰⁷

It is unclear as to why a business transaction between a Malaysian company and a company in the United States would be arbitrated by the China International Economic and Trade Arbitration Commission , but this may be an indication as to why none of the MSW Companies submitted the sales contracts requested in the CF28s . The contract number is ARKT2108002B , which suggests involvement by Ark Trans in this entry . ³⁰⁸ Furthermore , for the payment , under details it states “ INV MSW21603 ARKT2106033 ,” which suggests some kind of back-to-back invoicing scheme between MSW and Ark Trans . ³⁰⁹

The contract also states that MSW is not responsible for late or non-delivery in the event of force majeure or any other contingencies beyond MSW ’ s control . ³¹⁰ This suggests that the re-export of this entry and shipping costs were born by Flowery Stone . It seems odd that Flowery Stone would pay for a container of QSP to be shipped back to Malaysia before requesting further country of origin documentation from MSW , unless Flowery Stone was aware that such documentation did not exist .

number Entry [ ] 4116

For this entry , MSW is listed as the manufacturer of the QSP entered by Nio . ³¹¹ Nio provided no country of origin documents to CBP for this entry other than the bill of lading , invoice and packing list before re-exporting it . ³¹² Thus , it appears Nio did not even attempt to demonstrate the country of origin was Malaysia . The bill of lading and invoice numbers are ARKT2106058 , which suggests involvement by Ark Trans in this entry . ³¹³

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See U . S . Importers Memo at Re-exported Entries , Entry 4463 .

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Id .

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See U . S . Importers Memo at Re-exported Entries , Entry 4116 .

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