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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations of the order, the Secretary will take the following actions:
i The Secretary will direct the Customs Service to continue the suspension of liquidation of previously suspended entries and apply the applicable cash deposit rate;
ii The Secretary will direct the Customs Service to begin the suspension of liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product not yet suspended, entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of the covered merchandise inquiry; and iii The Secretary normally will direct the Customs Service to begin the suspension of liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product not yet suspended, entered, or withdrawn from warehouse, for consumption prior to the date of publication of the notice of initiation of the covered merchandise inquiry.
3 If the Secretary issues an affirmative final covered merchandise determination under paragraph e2 of this section that the product at issue is covered by the scope of the order, the Secretary will take the following actions:
i The Secretary will direct the Customs Service to continue the suspension of liquidation of previously suspended entries and apply the applicable cash deposit rate until appropriate liquidation instructions are issued;
ii The Secretary will direct the Customs Service to begin the suspension of liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product not yet suspended, entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of the covered merchandise inquiry until appropriate liquidation instructions are issued; and iii The Secretary normally will direct the Customs Service to begin the suspension of liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product not yet suspended, entered, or withdrawn from warehouse, for consumption prior to the date of publication of the notice of initiation of the covered merchandise inquiry until appropriate liquidation instructions are issued.
4 If the Secretary issues a negative final covered merchandise determination under paragraph e2 of this section that the product at issue is
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not covered by the scope of the order, and entries of the product at issue are not otherwise subject to suspension of liquidation as a result of another segment of a proceeding, such as a circumvention inquiry under 351.226, the Secretary will direct the Customs Service to terminate the suspension of liquidation and refund any cash deposits for such entries.
5 Nothing in this section affects the Customs Services authority to take any additional action with respect to the suspension of liquidation or related measures.
m Applicability of covered merchandise determination; companion orders1 Applicability of covered merchandise determination. In conducting a covered merchandise inquiry under this section, the Secretary shall consider, based on the available record evidence, whether the covered merchandise determination should be applied:
i On a producer-specific, exporterspecific, importer-specific basis, or some combination thereof; or ii To all products from the same country with the same relevant physical characteristics, including chemical, dimensional and technical characteristics as the product at issue, on a country-wide basis, regardless of the producer, exporter or importer of those products.
2 Companion antidumping and countervailing duty orders. If there are companion antidumping and countervailing duty orders covering the same merchandise from the same country of origin, and should the Secretary determine to initiate a covered merchandise inquiry under paragraph b1 of this section, the Secretary will initiate and conduct a single inquiry with respect to the product at issue only on the record of the antidumping duty proceeding. Once the Secretary issues a final covered merchandise determination on the record of the antidumping duty proceeding, the Secretary will include a copy of that determination on the record of the countervailing duty proceeding and notify the Customs Service in accordance with paragraph l of this section.
n Service list. Once the Secretary initiates a covered merchandise inquiry under paragraph b1 of this section, a segment-specific service list will be established and the requirements of 351.303f will apply. Parties other than those relevant parties identified by the Customs Service in the covered merchandise referral that wish to participate in the covered merchandise
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inquiry must file an entry of appearance in accordance with 351.103d1.
o Suspended investigations;
suspension agreements. The Secretary may apply the procedures set forth in this section in determining whether the product at issue is covered merchandise with respect to a suspended investigation or a suspension agreement see 351.208.
8. Effective October 20, 2021, add 351.228 to subpart B to read as follows:

351.228 Certification by importer or other interested party.

a Certification requirements. 1 The Secretary may determine in the context of an antidumping or countervailing duty proceeding that an importer or other interested party shall:
i Maintain a certification for entries of merchandise into the customs territory of the United States;
ii Provide a certification by electronic means at the time of entry or entry summary; or iii Otherwise demonstrate compliance with a certification requirement as determined by the Secretary, in consultation with the Customs Service.
2 Where the certification is required to be maintained by the importer or other interested party under paragraph a1 of this section, the Secretary and/
or the Customs Service may require the importer or other interested party to provide such a certification to the requesting agency upon request.
b Consequences for no provision of a certificate; provision of a false certificate. 1 The Secretary may instruct the Customs Service to suspend liquidation of entries of the importer or entries associated with the other interested party and require a cash deposit of estimated duties at the applicable rate if:
i The importer or other interested party has not provided to the Secretary or the Customs Service, as appropriate, the certification described under paragraph a of this section either as required or upon request for such entries; or ii The importer or other interested party provided a certification in accordance with paragraph a of this section for such entries, but the certification contained materially false, fictitious or fraudulent statements or representations, or contained material omissions.
2 Under paragraph b1i or ii of this section, the Secretary may also instruct the Customs Service to assess antidumping or countervailing duties,
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