Hardwood and Decorative Plywood From the People's Republic of China: Amended Preliminary Countervailing Duty Determination; and Alignment of Final Determination With Final Antidumping Determination, 16250-16252 [2013-05929]
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16250
Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Notices
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results of review in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: March 7, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I—Issues in Issues and
Decision Memorandum
Amendment
List of Comments
General Issues
Comment 1: Targeted Dumping
A. Application of Alternative Methodology
and Targeted Dumping
B. Withdrawal of Targeted Dumping
Regulation
C. Department’s Targeted Dumping Analysis
D. Application of the Nails Test
E. Application of Zeroing
Company Specific Issues
I. DONGBU
Comment 2: Post-preliminary Analysis
Regarding Targeted Time Period
Comment 3: Targeted Customer Code
Comment 4: Exempted Harbor Usage Fees
Comment 5: Date of Sale
Comment 6: Comparison Market Gross Unit
Price Variable
II. HYSCO
Comment 7: Date of Sale
Comment 8: Warranty Expenses
Comment 9: Reclassification of Merchandise
Comment 10: Classification of Non-Temper
Merchandise
III. UNION
Comment 11: Individual Review
[FR Doc. 2013–05934 Filed 3–13–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–987]
tkelley on DSK3SPTVN1PROD with NOTICES
Hardwood and Decorative Plywood
From the People’s Republic of China:
Amended Preliminary Countervailing
Duty Determination; and Alignment of
Final Determination With Final
Antidumping Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
AGENCY:
VerDate Mar<15>2010
16:51 Mar 13, 2013
Jkt 229001
producers and exporters of hardwood
and decorative plywood from the
People’s Republic of China (PRC).
DATES: Effective Date: March 14, 2013.
FOR FURTHER INFORMATION CONTACT:
David Lindgren, Toni Page, or Lingjun
Wang, AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3870, (202) 482–
1398, and (202) 482–2316, respectively.
SUPPLEMENTARY INFORMATION:
We released the preliminary
determination to the parties on
Wednesday, February 27, 2013.
However, that version inadvertently
included a typographical error in the
‘‘Scope of the Investigation’’ section.
This amended preliminary
determination corrects that error. The
error was discovered prior to
publication in the Federal Register,
consequently this amended notice is
being published in its place.
Alignment of Final Countervailing Duty
Determination With Final Antidumping
Duty Determination
In addition to the countervailing duty
(CVD) investigation on hardwood and
decorative plywood, the Department
also initiated an antidumping duty (AD)
investigation of the same merchandise
from the PRC.1 The CVD and AD
investigations have the same scope with
regard to the merchandise covered.
On February 21, 2013, Petitioners
submitted a letter, in accordance with
section 705(a)(1) of the Tariff Act of
1930, as amended (the Act), requesting
alignment of the final CVD
determination with the final AD
determination of hardwood and
decorative plywood from the PRC.2
Therefore, in accordance with section
705(a)(1) of the Act and 19 CFR
351.210(b)(4), we are aligning the final
CVD determination with the final AD
determination. Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than July
15, 2013, unless postponed.
1 See Hardwood and Decorative Plywood From
the People’s Republic of China: Initiation of
Antidumping Duty Investigation, 77 FR 65172
(October 25, 2012).
2 See Letter from Petitioners to the Department
‘‘Countervailing Duty Investigation of Hardwood
and Decorative Plywood from the People’s Republic
of China—Request to Align Final Determination
with Antidumping Investigation,’’ (February 21,
2013).
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Scope of the Investigation
The merchandise subject to this
investigation is hardwood and
decorative plywood. Hardwood and
decorative plywood is a flat panel
composed of an assembly of two or
more layers or plies of wood veneers in
combination with a core. The veneers,
along with the core, are glued or
otherwise bonded together to form a
finished product. A hardwood and
decorative plywood panel must have
face and back veneers which are
composed of one or more species of
hardwoods, softwoods, or bamboo.
Hardwood and decorative plywood may
include products that meet the
American National Standard for
Hardwood and Decorative Plywood,
ANSI/HPVA HP–1–2009.
All hardwood and decorative
plywood is included within the scope of
this investigation, without regard to
dimension (overall thickness, thickness
of face veneer, thickness of back veneer,
thickness of core, thickness of inner
veneers, width, or length). However, the
most common panel sizes of hardwood
and decorative plywood are 1219 x 1829
millimeters (mm) (48 x 72 inches), 1219
x 2438 mm (48 x 96 inches), and 1219
x 3048 mm (48 x 120 inches).
A ‘‘veneer’’ is a thin slice of wood
which is rotary cut, sliced or sawed
from a log, bolt or flitch. The face veneer
is the exposed veneer of a hardwood
and decorative plywood product which
is of a superior grade than that of the
back veneer, which is the other exposed
veneer of the product (i.e., as opposed
to the inner veneers). When the two
exposed veneers are of equal grade,
either one can be considered the face or
back veneer. For products that are
entirely composed of veneer, such as
Veneer Core Platforms, the exposed
veneers are to be considered the face
and back veneers, in accordance with
the descriptions above.
The core of hardwood and decorative
plywood consists of the layer or layers
of one or more material(s) that are
situated between the face and back
veneers. The core may be composed of
a range of materials, including but not
limited to veneers, particleboard, and
medium-density fiberboard (MDF).
All hardwood and decorative
plywood is included within the scope of
this investigation regardless of whether
or not the face and/or back veneers are
surface coated, unless the surface
coating obscures the grain, texture or
markings of the wood. Examples of
surface coatings which may not obscure
the grain, texture or markings of the
wood include, but are not limited to,
ultra-violet light cured polyurethanes,
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oil or oil-modified or water based
polyurethanes, wax, epoxy-ester
finishes, and moisture-cured urethanes.
Hardwood and decorative plywood that
has face and/or back veneers which
have an opaque surface coating which
obscures the grain, texture or markings
of the wood, are not included within the
scope of this investigation. Examples of
surface coatings which may obscure the
grain, texture or markings of wood
include, but are not limited to, paper,
aluminum, high pressure laminate
(HPL), MDF, medium density overlay
(MDO), and phenolic film. Additionally,
the face veneer of hardwood and
decorative plywood may be sanded,
smoothed or given a ‘‘distressed’’
appearance through such methods as
hand-scraping or wire brushing. The
face veneer may be stained.
The scope of the investigation
excludes the following items: (1)
Structural plywood (also known as
‘‘industrial plywood’’ or ‘‘industrial
panels’’) that is manufactured and
stamped to meet U.S. Products Standard
PS 1–09 for Structural Plywood
(including any revisions to that standard
or any substantially equivalent
international standard intended for
structural plywood), including but not
limited to the ‘‘bond performance’’
requirements set forth at paragraph
5.8.6.4 of that Standard and the
performance criteria detailed at Table 4
through 10 of that Standard; (2)
products which have a face and back
veneer of cork; (3) multilayered wood
flooring, as described in the
antidumping duty and countervailing
duty orders on Multilayered Wood
Flooring from the People’s Republic of
China, Import Administration,
International Trade Administration,
U.S. Department of Commerce
Investigation Nos. A–570–970 and C–
570–971 (published December 8, 2011);
(4) plywood which has a shape or
design other than a flat panel.
Imports of the subject merchandise
are provided for under the following
subheadings of the Harmonized Tariff
Schedule of the United States (HTSUS):
4412.10.0500; 4412.31.0520;
4412.31.0540; 4412.31.0560;
4412.31.2510; 4412.31.2520;
4412.31.4040; 4412.31.4050;
4412.31.4060; 4412.31.4070;
4412.31.5135; 4412.31.5155;
4412.31.5165; 4412.31.5175;
4412.31.6000; 4412.31.9100;
4412.32.0520; 4412.32.0540;
4412.32.0560; 4412.32.2510;
4412.32.2520; 4412.32.3135;
4412.32.3155; 4412.32.3165;
4412.32.3175; 4412.32.3185;
4412.32.5600; 4412.39.1000;
4412.39.3000; 4412.39.4011;
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16:51 Mar 13, 2013
Jkt 229001
4412.39.4012; 4412.39.4019;
4412.39.4031; 4412.39.4032;
4412.39.4039; 4412.39.4051;
4412.39.4052; 4412.39.4059;
4412.39.4061; 4412.39.4062;
4412.39.4069; 4412.39.5010;
4412.39.5030; 4412.39.5050;
4412.94.1030; 4412.94.1050;
4412.94.3111; 4412.94.3121;
4412.94.3131; 4412.94.3141;
4412.94.3160; 4412.94.3171;
4412.94.4100; 4412.94.6000;
4412.94.7000; 4412.94.8000;
4412.94.9000; 4412.99.0600;
4412.99.1020; 4412.99.1030;
4412.99.1040; 4412.99.3110;
4412.99.3120; 4412.99.3130;
4412.99.3140; 4412.99.3150;
4412.99.3160; 4412.99.3170;
4412.99.4100; 4412.99.5710;
4412.99.6000; 4412.99.7000;
4412.99.8000; and 4412.99.9000.
While HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
subject merchandise as set forth herein
is dispositive.
Methodology
The Department is conducting this
CVD investigation in accordance with
section 701 of the Act. For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.3 The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
The Department notes that, in making
these findings, we have relied, in part,
on facts available and, because one or
more respondents did not act to the best
of their ability to respond to the
3 See Memorandum from Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for
Import Administration regarding ‘‘Decision
Memorandum for the Preliminary Determination in
the Countervailing Duty Investigation of Hardwood
and Decorative Plywood from the People’s Republic
of China,’’ dated February 26, 2013 (Preliminary
Decision Memorandum).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Department’s requests for information,
we have drawn an adverse inference
where appropriate in selecting from
among the facts otherwise available.4
For further information, see ‘‘Use of
Facts Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Suspension of Liquidation
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
an individual rate for each producer/
exporter of the subject merchandise
under investigation. We preliminarily
determine the countervailable subsidy
rates to be:
Company
Linyi City Dongfang Jinxin
Economic & Trade Co.,
Ltd.
Linyi San Fortune Wood
Co., Ltd.
Shanghai Senda
Fancywood Inc. a/k/a
Shanghai Senda
Fancywood Industry Co.
Asia Dekor (Heyuan)
Woods Co., Ltd.*
Baishan Huafeng Wooden
Product Co.*
China Friend Limited*
Feixian Guangyuan Plywood Factory.*
Feixian Xinfeng Wood Co
Ltd.*
Huzhou Chen Hang Wood
Co. Ltd.*
Jiafeng Wood (Suzhou)
Co., Ltd.*
Linyi Guoxin Wood Co.,
Ltd.*
Linyi Huayuan Wood Co.,
Ltd.*
Linyi Sengong Wood Co.,
Ltd.*
Lizhong Wood Industry
Limited Co.*
Shandong Lichen Group
Co., Ltd.*
Wellmade Floor Industries
Co. Ltd.*
Zhejiang Dadongwu
GreenHome Wood Co.*
Zhejiang Desheng Wood
Industry Co., Ltd.*
All Others
Subsidy rate
de minimis.
de minimis.
de minimis.
27.16 percent.
27.16 percent.
27.16 percent.
27.16 percent.
27.16 percent.
27.16 percent.
27.16 percent.
27.16 percent.
27.16 percent.
27.16 percent.
27.16 percent.
27.16 percent.
27.16 percent.
27.16 percent.
27.16 percent.
22.63 percent.
* Non-cooperative company to which an adverse facts available rate is being applied. See
‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision
Memorandum.
In accordance with sections
703(d)(1)(B) and (2) of the Act, with the
exception of Linyi City Dongfang Jinxin
Economic & Trade Co., Ltd (Dongfang),
Linyi San Fortune Wood Co., Ltd. (San
Fortune), and Shanghai Senda
Fancywood Co., Ltd. (Senda), we are
4 See
E:\FR\FM\14MRN1.SGM
sections 776(a) and (b) of the Act.
14MRN1
16252
Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
directing U.S. Customs and Border
Protection to suspend liquidation of all
entries of hardwood and decorative
plywood from the PRC that are entered,
or withdrawn from warehouse, for
consumption on or after the date of the
publication of this notice in the Federal
Register, and to require a cash deposit
for such entries of merchandise in the
amounts indicated above. Because the
subsidy rates for Dongfang, San Fortune,
and Senda are de minimis, liquidation
will not be suspended and no cash
deposits will be required for
merchandise that are produced and
exported by Dongfang, San Fortune, and
Senda.
In accordance with sections 703(d)
and 705(c)(5)(A) of the Act, for
companies not investigated, we apply
an ‘‘all-others’’ rate, which is normally
calculated by weighting the subsidy
rates of the individual companies
selected as respondents by those
companies’ exports of the subject
merchandise to the United States. Under
section 705(c)(5)(i) of the Act, the allothers rate should exclude zero and de
minimis rates calculated for the
exporters and producers individually
investigated. Where the rates for the
investigated companies are all zero or
de minimis, section 705(c)(5)(A)(ii) of
the Act instructs the Department to
establish an all-others rate using ‘‘any
reasonable method.’’ We preliminarily
determine that a reasonable method for
establishing the all-others rate is to
calculate a simple average of the
subsidy rates for all companies to which
an individual subsidy rate was applied.
Disclosure and Public Comment
The Department will disclose
calculations performed for this
preliminary determination to the parties
within five days of the date of public
announcement of this determination in
accordance with 19 CFR 351.224(b).
Case briefs or other written comments
for all non-scope issues may be
submitted to the Assistant Secretary for
Import Administration no later than
seven days after the date on which the
final verification report is issued in this
proceeding, and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.5
Following the publication of the
preliminary determination in the
companion AD investigation, the
Department will establish a separate
briefing schedule for scope issues.
Parties must file separate and identical
documents on both the AD and CVD
records for any briefs related to scope
5 See
19 CFR 351.309.
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16:51 Mar 13, 2013
only. Additionally, the Department
intends to address specific scope
exclusion requests in the preliminary
determination of the companion AD
investigation. A table of contents, list of
authorities used and an executive
summary of issues should accompany
any briefs submitted to the Department.
This summary should be limited to five
pages total, including footnotes.
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce, filed electronically using
IA ACCESS. An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, IA ACCESS,
by 5:00 p.m. Eastern Standard Time,
within 30 days after the date of
publication of this notice.6 Requests
should contain the party’s name,
address, and telephone number; the
number of participants; and a list of the
issues to be discussed. If a request for
a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a date, time
and location to be determined. Parties
will be notified of the date, time and
location of any hearing.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we will notify the International
Trade Commission (ITC) of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order, without the written
consent of the Assistant Secretary for
Import Administration.
In accordance with section 705(b)(2)
of the Act, if our final determination is
affirmative, the ITC will make its final
determination within 45 days after the
Department makes its final
determination.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act.
6 See
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19 CFR 351.310(c).
Frm 00010
Fmt 4703
Sfmt 4703
Dated: March 7, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Scope Comments.
2. Scope of the Investigation.
3. Respondent Selection.
4. Injury Test.
5. Application of Countervailing Duty Law
to Imports from the PRC.
6. Subsidies Valuation.
7. Use of Facts Otherwise Available and
Adverse Inferences.
8. Analysis of Programs.
9. Verification.
[FR Doc. 2013–05929 Filed 3–13–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–821; C–560–813; C–549–818]
Certain Hot-Rolled Carbon Steel Flat
Products From India, Indonesia, and
Thailand: Final Results of Expedited
Sunset Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2010, the
Department of Commerce (‘‘the
Department’’) initiated the second
sunset reviews of the countervailing
duty (‘‘CVD’’) orders on certain hotrolled carbon steel flat products (‘‘HR
steel’’) from India, Indonesia, and
Thailand pursuant to section 751(c) of
the Tariff Act of 1930, as amended (‘‘the
Act’’). On the basis of notices of intent
to participate and adequate substantive
responses filed on behalf of the
domestic interested parties and
inadequate responses from respondent
interested parties (in these cases, no
responses), the Department conducted
expedited sunset reviews of these CVD
orders pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(B). As a result of these
sunset reviews, the Department finds
that revocation of the CVD orders would
be likely to lead to continuation or
recurrence of a countervailable subsidy
at the level indicated in the ‘‘Final
Results of Reviews’’ section of this
notice.
DATES: Effective Date: March 14, 2013.
FOR FURTHER INFORMATION CONTACT: Eric
Greynolds (India and Indonesia), Hilary
Sadler or Dana Mermelstein (Thailand),
AD/CVD Operations, Import
Administration, International Trade
AGENCY:
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]]>Agencies
[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Notices]
[Pages 16250-16252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05929]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-987]
Hardwood and Decorative Plywood From the People's Republic of
China: Amended Preliminary Countervailing Duty Determination; and
Alignment of Final Determination With Final Antidumping Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of hardwood and decorative plywood from the
People's Republic of China (PRC).
DATES: Effective Date: March 14, 2013.
FOR FURTHER INFORMATION CONTACT: David Lindgren, Toni Page, or Lingjun
Wang, AD/CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3870, (202) 482-1398, and (202) 482-2316, respectively.
SUPPLEMENTARY INFORMATION:
Amendment
We released the preliminary determination to the parties on
Wednesday, February 27, 2013. However, that version inadvertently
included a typographical error in the ``Scope of the Investigation''
section. This amended preliminary determination corrects that error.
The error was discovered prior to publication in the Federal Register,
consequently this amended notice is being published in its place.
Alignment of Final Countervailing Duty Determination With Final
Antidumping Duty Determination
In addition to the countervailing duty (CVD) investigation on
hardwood and decorative plywood, the Department also initiated an
antidumping duty (AD) investigation of the same merchandise from the
PRC.\1\ The CVD and AD investigations have the same scope with regard
to the merchandise covered.
---------------------------------------------------------------------------
\1\ See Hardwood and Decorative Plywood From the People's
Republic of China: Initiation of Antidumping Duty Investigation, 77
FR 65172 (October 25, 2012).
---------------------------------------------------------------------------
On February 21, 2013, Petitioners submitted a letter, in accordance
with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act),
requesting alignment of the final CVD determination with the final AD
determination of hardwood and decorative plywood from the PRC.\2\
Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), we are aligning the final CVD determination with the
final AD determination. Consequently, the final CVD determination will
be issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than July 15, 2013, unless
postponed.
---------------------------------------------------------------------------
\2\ See Letter from Petitioners to the Department
``Countervailing Duty Investigation of Hardwood and Decorative
Plywood from the People's Republic of China--Request to Align Final
Determination with Antidumping Investigation,'' (February 21, 2013).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise subject to this investigation is hardwood and
decorative plywood. Hardwood and decorative plywood is a flat panel
composed of an assembly of two or more layers or plies of wood veneers
in combination with a core. The veneers, along with the core, are glued
or otherwise bonded together to form a finished product. A hardwood and
decorative plywood panel must have face and back veneers which are
composed of one or more species of hardwoods, softwoods, or bamboo.
Hardwood and decorative plywood may include products that meet the
American National Standard for Hardwood and Decorative Plywood, ANSI/
HPVA HP-1-2009.
All hardwood and decorative plywood is included within the scope of
this investigation, without regard to dimension (overall thickness,
thickness of face veneer, thickness of back veneer, thickness of core,
thickness of inner veneers, width, or length). However, the most common
panel sizes of hardwood and decorative plywood are 1219 x 1829
millimeters (mm) (48 x 72 inches), 1219 x 2438 mm (48 x 96 inches), and
1219 x 3048 mm (48 x 120 inches).
A ``veneer'' is a thin slice of wood which is rotary cut, sliced or
sawed from a log, bolt or flitch. The face veneer is the exposed veneer
of a hardwood and decorative plywood product which is of a superior
grade than that of the back veneer, which is the other exposed veneer
of the product (i.e., as opposed to the inner veneers). When the two
exposed veneers are of equal grade, either one can be considered the
face or back veneer. For products that are entirely composed of veneer,
such as Veneer Core Platforms, the exposed veneers are to be considered
the face and back veneers, in accordance with the descriptions above.
The core of hardwood and decorative plywood consists of the layer
or layers of one or more material(s) that are situated between the face
and back veneers. The core may be composed of a range of materials,
including but not limited to veneers, particleboard, and medium-density
fiberboard (MDF).
All hardwood and decorative plywood is included within the scope of
this investigation regardless of whether or not the face and/or back
veneers are surface coated, unless the surface coating obscures the
grain, texture or markings of the wood. Examples of surface coatings
which may not obscure the grain, texture or markings of the wood
include, but are not limited to, ultra-violet light cured
polyurethanes,
[[Page 16251]]
oil or oil-modified or water based polyurethanes, wax, epoxy-ester
finishes, and moisture-cured urethanes. Hardwood and decorative plywood
that has face and/or back veneers which have an opaque surface coating
which obscures the grain, texture or markings of the wood, are not
included within the scope of this investigation. Examples of surface
coatings which may obscure the grain, texture or markings of wood
include, but are not limited to, paper, aluminum, high pressure
laminate (HPL), MDF, medium density overlay (MDO), and phenolic film.
Additionally, the face veneer of hardwood and decorative plywood may be
sanded, smoothed or given a ``distressed'' appearance through such
methods as hand-scraping or wire brushing. The face veneer may be
stained.
The scope of the investigation excludes the following items: (1)
Structural plywood (also known as ``industrial plywood'' or
``industrial panels'') that is manufactured and stamped to meet U.S.
Products Standard PS 1-09 for Structural Plywood (including any
revisions to that standard or any substantially equivalent
international standard intended for structural plywood), including but
not limited to the ``bond performance'' requirements set forth at
paragraph 5.8.6.4 of that Standard and the performance criteria
detailed at Table 4 through 10 of that Standard; (2) products which
have a face and back veneer of cork; (3) multilayered wood flooring, as
described in the antidumping duty and countervailing duty orders on
Multilayered Wood Flooring from the People's Republic of China, Import
Administration, International Trade Administration, U.S. Department of
Commerce Investigation Nos. A-570-970 and C-570-971 (published December
8, 2011); (4) plywood which has a shape or design other than a flat
panel.
Imports of the subject merchandise are provided for under the
following subheadings of the Harmonized Tariff Schedule of the United
States (HTSUS): 4412.10.0500; 4412.31.0520; 4412.31.0540; 4412.31.0560;
4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 4412.31.4060;
4412.31.4070; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.5175;
4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560;
4412.32.2510; 4412.32.2520; 4412.32.3135; 4412.32.3155; 4412.32.3165;
4412.32.3175; 4412.32.3185; 4412.32.5600; 4412.39.1000; 4412.39.3000;
4412.39.4011; 4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032;
4412.39.4039; 4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061;
4412.39.4062; 4412.39.4069; 4412.39.5010; 4412.39.5030; 4412.39.5050;
4412.94.1030; 4412.94.1050; 4412.94.3111; 4412.94.3121; 4412.94.3131;
4412.94.3141; 4412.94.3160; 4412.94.3171; 4412.94.4100; 4412.94.6000;
4412.94.7000; 4412.94.8000; 4412.94.9000; 4412.99.0600; 4412.99.1020;
4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130;
4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100;
4412.99.5710; 4412.99.6000; 4412.99.7000; 4412.99.8000; and
4412.99.9000.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the subject merchandise as set
forth herein is dispositive.
Methodology
The Department is conducting this CVD investigation in accordance
with section 701 of the Act. For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memorandum.\3\ The Preliminary Decision Memorandum is a public document
and is on file electronically via Import Administration's Antidumping
and Countervailing Duty Centralized Electronic Service System (IA
ACCESS). IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at https://www.trade.gov/ia/. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
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\3\ See Memorandum from Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration regarding ``Decision
Memorandum for the Preliminary Determination in the Countervailing
Duty Investigation of Hardwood and Decorative Plywood from the
People's Republic of China,'' dated February 26, 2013 (Preliminary
Decision Memorandum).
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The Department notes that, in making these findings, we have
relied, in part, on facts available and, because one or more
respondents did not act to the best of their ability to respond to the
Department's requests for information, we have drawn an adverse
inference where appropriate in selecting from among the facts otherwise
available.\4\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
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\4\ See sections 776(a) and (b) of the Act.
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Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated an individual rate for each producer/exporter of the subject
merchandise under investigation. We preliminarily determine the
countervailable subsidy rates to be:
------------------------------------------------------------------------
Company Subsidy rate
------------------------------------------------------------------------
Linyi City Dongfang Jinxin Economic & de minimis.
Trade Co., Ltd.
Linyi San Fortune Wood Co., Ltd. de minimis.
Shanghai Senda Fancywood Inc. a/k/a de minimis.
Shanghai Senda Fancywood Industry Co.
Asia Dekor (Heyuan) Woods Co., Ltd.* 27.16 percent.
Baishan Huafeng Wooden Product Co.* 27.16 percent.
China Friend Limited* 27.16 percent.
Feixian Guangyuan Plywood Factory.* 27.16 percent.
Feixian Xinfeng Wood Co Ltd.* 27.16 percent.
Huzhou Chen Hang Wood Co. Ltd.* 27.16 percent.
Jiafeng Wood (Suzhou) Co., Ltd.* 27.16 percent.
Linyi Guoxin Wood Co., Ltd.* 27.16 percent.
Linyi Huayuan Wood Co., Ltd.* 27.16 percent.
Linyi Sengong Wood Co., Ltd.* 27.16 percent.
Lizhong Wood Industry Limited Co.* 27.16 percent.
Shandong Lichen Group Co., Ltd.* 27.16 percent.
Wellmade Floor Industries Co. Ltd.* 27.16 percent.
Zhejiang Dadongwu GreenHome Wood Co.* 27.16 percent.
Zhejiang Desheng Wood Industry Co., 27.16 percent.
Ltd.*
All Others 22.63 percent.
------------------------------------------------------------------------
* Non-cooperative company to which an adverse facts available rate is
being applied. See ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
In accordance with sections 703(d)(1)(B) and (2) of the Act, with
the exception of Linyi City Dongfang Jinxin Economic & Trade Co., Ltd
(Dongfang), Linyi San Fortune Wood Co., Ltd. (San Fortune), and
Shanghai Senda Fancywood Co., Ltd. (Senda), we are
[[Page 16252]]
directing U.S. Customs and Border Protection to suspend liquidation of
all entries of hardwood and decorative plywood from the PRC that are
entered, or withdrawn from warehouse, for consumption on or after the
date of the publication of this notice in the Federal Register, and to
require a cash deposit for such entries of merchandise in the amounts
indicated above. Because the subsidy rates for Dongfang, San Fortune,
and Senda are de minimis, liquidation will not be suspended and no cash
deposits will be required for merchandise that are produced and
exported by Dongfang, San Fortune, and Senda.
In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for
companies not investigated, we apply an ``all-others'' rate, which is
normally calculated by weighting the subsidy rates of the individual
companies selected as respondents by those companies' exports of the
subject merchandise to the United States. Under section 705(c)(5)(i) of
the Act, the all-others rate should exclude zero and de minimis rates
calculated for the exporters and producers individually investigated.
Where the rates for the investigated companies are all zero or de
minimis, section 705(c)(5)(A)(ii) of the Act instructs the Department
to establish an all-others rate using ``any reasonable method.'' We
preliminarily determine that a reasonable method for establishing the
all-others rate is to calculate a simple average of the subsidy rates
for all companies to which an individual subsidy rate was applied.
Disclosure and Public Comment
The Department will disclose calculations performed for this
preliminary determination to the parties within five days of the date
of public announcement of this determination in accordance with 19 CFR
351.224(b). Case briefs or other written comments for all non-scope
issues may be submitted to the Assistant Secretary for Import
Administration no later than seven days after the date on which the
final verification report is issued in this proceeding, and rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than five days after the deadline date for case briefs.\5\
Following the publication of the preliminary determination in the
companion AD investigation, the Department will establish a separate
briefing schedule for scope issues. Parties must file separate and
identical documents on both the AD and CVD records for any briefs
related to scope only. Additionally, the Department intends to address
specific scope exclusion requests in the preliminary determination of
the companion AD investigation. A table of contents, list of
authorities used and an executive summary of issues should accompany
any briefs submitted to the Department. This summary should be limited
to five pages total, including footnotes.
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\5\ See 19 CFR 351.309.
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, U.S. Department of Commerce, filed
electronically using IA ACCESS. An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, IA ACCESS, by 5:00 p.m. Eastern Standard Time, within
30 days after the date of publication of this notice.\6\ Requests
should contain the party's name, address, and telephone number; the
number of participants; and a list of the issues to be discussed. If a
request for a hearing is made, the Department intends to hold the
hearing at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a date, time and
location to be determined. Parties will be notified of the date, time
and location of any hearing.
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\6\ See 19 CFR 351.310(c).
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International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (ITC) of our determination. In addition,
we are making available to the ITC all non-privileged and non-
proprietary information relating to this investigation. We will allow
the ITC access to all privileged and business proprietary information
in our files, provided the ITC confirms that it will not disclose such
information, either publicly or under an administrative protective
order, without the written consent of the Assistant Secretary for
Import Administration.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act.
Dated: March 7, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope Comments.
2. Scope of the Investigation.
3. Respondent Selection.
4. Injury Test.
5. Application of Countervailing Duty Law to Imports from the
PRC.
6. Subsidies Valuation.
7. Use of Facts Otherwise Available and Adverse Inferences.
8. Analysis of Programs.
9. Verification.
[FR Doc. 2013-05929 Filed 3-13-13; 8:45 am]
BILLING CODE 3510-DS-P
