CBP Initial Determination Malaysia Transshipping February 2022 | Page 4

the payment of AD / CVD duties by claiming Ever Stone produces the QSP in Malaysia . 16 In the second scheme , Cambria claimed that Big D , Durian , Flowery Stone , Kingway , and Nio are importing QSP manufactured in China without the payment of AD / CVD duties by claiming that the MSW Companies produce the QSP in Malaysia . 17

In support of its transshipment claims , Cambria employed a foreign market researcher to collect corporate information and [ activity ] the reported business locations of Ever Stone , and the MSW Companies . Regarding Ever Stone , Cambria stated that the business registration documents demonstrate that Mr . Tee Yang Wei ( Mr . Tee ) owns 100 percent of Ever Stone and is a partial owner and director of Ever Freight Logistics Sdn . Bhd . ( Ever Freight ). 18 Further , both entities share the same business address . As such , Cambria claimed that both companies are affiliated and appear to be acting together . 19 Additionally , a [ examination of area ] and a conversation [ persons ], indicate that Ever Stone likely does not have the capability to produce QSP . 20 This claim is supported by the documentation from Cambria showing that Mr . Tee provided [ person ] with a [ document

] and [ sales information ], and subsequently admitted that Ever Stone will provide Chineseorigin QSP with [ documents ]. 21 Thus , according to Cambria , Mr . Tee directly acknowledged that Ever Stone is involved in transshipping Chinese-origin QSP through Malaysia to the United States in order to avoid paying the applicable AD / CVD duties .

Regarding the MSW Companies , Cambria similarly employed a foreign market researcher to activity at certain locations collect business information and [

]. Based on conversations between the foreign market researcher and YC Feng ( also known as Yongxiang Feng , referred to hereafter as Mr . Feng ), [

position at company ], it appears likely that MSW , LLWF , and South Wales are owned by Mr . Huang Jianmin ( Mr . Huang ). 22 Record information indicates that LLWF and South Wales have the same business address . 23 Further , during a conversation with the foreign market researcher , Mr . Huang explained that he could ship QSP from MSW or South Wales . 24 As such , Cambria asserts that the MSW Companies may act together to transship Chinese-origin QSP .

During the [ activity ] MSW , Mr . Feng also explained that MSW has a warehouse , but no production facility . 25 The foreign market researcher further reported neither hearing nor seeing any signs of production at LLWF or South Wales . 26 In addition to speaking with Mr . Feng , the foreign market researcher also [ activity with an individual ], where [ person ] described the

16

See , e . g ., November 3 Initiation Memorandum at 2 .

17

See , e . g ., November 3 Initiation Memorandum at 3 ; and December 3 Initiation Memorandum at 2 .

18

See Allegation 7657 at 6 ; Allegation 7665 at 6-7 ; Allegation 7666 at 6-7 ; Allegation 7667 at 6-7 ; and Allegation 7668 at 6-7 .

19

Id .

20

See Allegation 7657 at 7 and Exhibit 6 ; Allegation 7665 at 7-8 and Exhibit 8 ; Allegation 7666 at 7-8 and Exhibit 8 ; Allegation 7667 at 7-8 and Exhibit 8 ; and Allegation 7668 at 7-8 and Exhibit 7 .

21

See Allegation 7657 at 7-8 and Exhibit 6 ; Allegation 7665 at 7-8 and Exhibit 8 ; Allegation 7666 at 7-8 and Exhibit 8 ; Allegation 7667 at 7-8 and Exhibit 8 ; and Allegation 7668 at 7-8 and Exhibit 7 .

22

See Allegation 7658 at 6-8 and Exhibit 5 ; Allegation 7670 at 6-8 and Exhibit 4 ; Allegation 7671 at 6-8 and Exhibit 5 ; Allegation 7672 at 6-8 and Exhibit 5 ; and Allegation 7700 at 6-8 , and Exhibit 5 .

23

Id .

24

See Allegation 7658 at Exhibit 5 ; Allegation 7670 at Exhibit 4 ; Allegation 7671 at Exhibit 5 ; Allegation 7672 at Exhibit 5 ; and Allegation 7700 at Exhibit 5 .

25

Id .

26

Id .
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