CBP Initial Determination Malaysia Transshipping February 2022 | Page 6

information on the record , Cambria claimed that there is sufficient evidence that the Importers are evading paying the appropriate AD / CVD duties on Chinese-origin QSP .

Interim Measures

Not later than 90 calendar days after initiating an investigation under EAPA , TRLED will decide based on the record of the investigation if there is reasonable suspicion that such merchandise covered by the Orders was entered into the United States through evasion . CBP need only have sufficient evidence to support a reasonable suspicion that the importer alleged to be evading entered merchandise covered by an AD and / or CVD order into the United States by a materially false statement or act , or material omission , that resulted in the reduction or avoidance of applicable AD and / or CVD cash deposits or other security . If reasonable suspicion exists , CBP will impose interim measures pursuant to 19 USC 1517 ( e ) and 19 CFR 165.24 . As explained below , CBP is imposing interim measures because , based on the record evidence , there is reasonable suspicion that the Importers entered covered merchandise into the customs territory of the United States through evasion by means of transshipment through Malaysia , or by not declaring the correct entry type .

CF-28 Responses and Analysis

CBP issued CBP Form 28 ( CF28 ) requests for information to the Importers , requesting various information including invoices , packing slips , bills of ladings , sources of raw materials , and customs documentation for entries from Malaysia made during the POI . As outlined below , the Importers ’ responses contain multiple discrepancies and are not complete . Therefore , TRLED is unable to rely on the information contained in the CF28 responses to determine the country of origin of the imported QSP .

Colorquartz

On November 12 , 2021 , CBP requested from Colorquartz information concerning entry numbers number date date

[ ] 6825 and [ number ] 0236 , which had entry dates of [ ], and [ ], respectively . 36 Colorquartz submitted timely but partial responses on December 12 , 2021 .

37 As outlined below , Colorquartz ’ s responses to the CF28s contain multiple discrepancies and are not complete . Therefore , TRLED is unable to rely on the information contained in the CF28 responses to determine the country of origin of Colorquartz ’ s QSP entries .

number number

Colorquartz indicated the Malaysian supplier for entries [ ] 0236 and [ ] 6825 are Ever Stone . 38 As part of its CF28 Responses , Colorquartz provided certain information regarding the QSP production process and its raw material acquisitions . Specifically , Colorquartz submitted seven photographs of what they allege are Ever Stone ’ s QSP production equipment in Malaysia ; however , there is no accompanying narrative description explaining what each piece of equipment is used for , as requested . 39

36

See CF28s issued to Colorquartz , dated November 12 , 2021 ( Colorquartz ’ s CF28 Requests ).

37

See Colorquartz ’ s CF28 Responses , dated December 12 , 2021 ( Colorquartz ’ s CF28 Responses ).

38

Id .

39

Id .
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