Hardwood and Decorative Plywood from the People's Republic of China: Final Affirmative Countervailing Duty Determination; 2011, 58283-58285 [2013-23077]
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Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Notices
investigation, is January 1, 2011,
through December 31, 2011.
DEPARTMENT OF COMMERCE
International Trade Administration
Case History
[C–570–987]
Hardwood and Decorative Plywood
from the People’s Republic of China:
Final Affirmative Countervailing Duty
Determination; 2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
countervailable subsidies are being
provided to producers and/or exporters
of hardwood and decorative plywood
From the People’s Republic of China
(PRC).
DATES: Effective Date: September 23,
2013.
FOR FURTHER INFORMATION CONTACT:
David Lindgren or Toni Page, 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 or (202) 482–1398,
respectively.
AGENCY:
Background
The petitioners in this investigation
are the Coalition for Fair Trade of
Hardwood Plywood (Petitioners). In
addition to the Government of the PRC,
the respondents in this investigation
are: (1) Linyi City Dongfang Jinxin
Economic & Trade Co., Ltd. (Dongfang);
(2) Linyi San Fortune Wood Co., Ltd.
(San Fortune); and (3) Shanghai Senda
Fancywood Inc. a/k/a Shanghai Senda
Fancywood Industry Co. (Senda), along
with their affiliated companies.
Period of Investigation
The period for which we are
measuring subsidies, or period of
The events that have occurred since
the Department published the
Preliminary Determination on March 14,
2013,1 are discussed in the
Memorandum to Paul Piquado,
Assistant Secretary for Import
Administration, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Countervailing
Duty Investigation of Hardwood and
Decorative Plywood From the People’s
Republic of China’’ (Decision
Memorandum), which is dated
concurrently with and hereby adopted
by this notice.
Scope Comments
In the Preliminary Determination for
the companion antidumping duty
investigation, the Department invited
interested parties to file briefs on scope
related matters.2 Between May 20, and
June 17, 2013, interested parties filed
briefs and rebuttal briefs related to the
scope of the investigation. On May 31,
2013, interested parties requested a
hearing for scope related issues.3 The
Department held a public hearing for
scope issues on June 18, 2013.4 Based
on the comments received from
interested parties, we have updated the
scope of the investigation for the final
determination.5 In addition, we have
addressed all scope comments in the
Decision Memorandum.
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. See Appendix
I for a complete description of the scope
of this investigation.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Decision Memorandum. A list of
subsidy programs and the issues that
parties have raised, and to which we
responded in the Decision
Memorandum, is attached to this notice
as Appendix II.
The Decision Memorandum is a
public document and is on file
electronically via IA ACCESS. IA
ACCESS is available to registered users
at https://iaaccess.trade.gov and in the
Central Records Unit, room 7046 of the
main Department of Commerce
building. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Internet
at https://www.trade.gov/ia/. The signed
and the electronic versions of this
memorandum are identical in content.
Suspension of Liquidation
In accordance with section
705(c)(1)(B)(i) of the Tariff Act of 1930
(the Act), we have calculated rates for
Dongfang, San Fortune and Senda. We
determine the countervailable subsidy
rates to be:
Subsidy rate
(percent)
emcdonald on DSK67QTVN1PROD with NOTICES
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 * ...........................................................................................................................................................
1 See 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, 78 FR 16250 (March
14, 2013) (Preliminary Determination), and the
accompanying Preliminary Decision Memorandum.
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2 See Hardwood and Decorative Plywood From
the People’s Republic of China: Antidumping Duty
Investigation, 78 FR 25946, 25952 (May 3, 2013).
3 See Letter to Acting Secretary Rebecca Blank Re:
Request for Hearing on Scope-Related Issues
Hardwood and Decorative Plywood From China
(May 31, 2013).
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58283
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(**)
(**)
(**)
27.16
27.16
27.16
27.16
27.16
27.16
27.16
4 See Scope Issue for the Antidumping Duty and
Countervailing Duty Investigations on Hardwood
Decorative Plywood From the People’s Republic of
China: Case Nos. A–570–986 and C–570–987
(Hearing Transcript) (June 26, 2013).
5 See Appendix I.
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Subsidy rate
(percent)
Company
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 .................................................................................................................................................................................................
27.16
27.16
27.16
27.16
27.16
27.16
27.16
27.16
13.58
emcdonald on DSK67QTVN1PROD with NOTICES
* Non-cooperative company to which an adverse facts available (AFA) rate is being applied. See the Issues and Decision Memorandum.
** de minimis.
As a result of our Preliminary
Determination and pursuant to section
703(d) of the Act, we instructed U.S.
Customs and Border Protection (CBP) to
suspend liquidation of all entries of
subject merchandise from the PRC (with
the exception of entries made by
Dongfang, San Fortune, and Senda) that
were entered, or withdrawn from
warehouse, for consumption on or after
March 14, 2013, the date of the
publication of the Preliminary
Determination in the Federal Register.
In accordance with section 703(d) of the
Act, we issued instructions to CBP to
discontinue the suspension of
liquidation for countervailing duty
(CVD) purposes for subject merchandise
entered, or withdrawn from warehouse,
on or after July 12, 2013, but to continue
the suspension of liquidation of all
entries from March 14, 2013, through
July 11, 2013. 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.
If the International Trade Commission
(ITC) issues a final affirmative injury
determination, we will issue a CVD
order and reinstate the suspension of
liquidation for the relevant companies
under section 706(a) of the Act, and we
will require a cash deposit of estimated
CVDs for such entries of merchandise in
the amounts indicated above. If the ITC
determines that material injury, or
threat of material injury, does not exist,
this proceeding will be terminated and
all estimated duties deposited or
securities posted as a result of the
suspension of liquidation will be
refunded or canceled.
In accordance with sections 703(d)
and 705(c)(5)(A) of the Act, for
companies not individually
investigated, we apply an ‘‘all-others’’
rate, which is normally calculated by
weight averaging the subsidy rates of the
individually investigated companies.
Under section 705(c)(5)(i) of the Act, the
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20:16 Sep 20, 2013
Jkt 229001
‘‘all-others’’ rate excludes zero and de
minimis rates and rates based entirely
on facts available for the exporters and
producers individually investigated.
Where the rates for the individually
investigated companies are all zero or
de minimis or based on facts available,
section 705(c)(5)(A)(ii) of the Act
instructs the Department to establish an
‘‘all-others’’ rate using ‘‘any reasonable
method.’’
For purposes of this final
determination, we find that a reasonable
method for establishing the ‘‘all-others’’
rate is to calculate a simple average
margin based on the rates assigned to
the three mandatory respondents (zero
percent) and the AFA rate assigned to
the non-responsive companies (27.16
percent). We have limited the number of
AFA rates used in the average, based on
failures to respond to the quantity and
value (Q&V) questionnaires, to the same
number of companies that we
determined we could reasonably
examine in this investigation, which
was three. Accordingly, we determined
the ‘‘all-others’’ rate by taking the
simple average of the rates calculated
for the three selected mandatory
respondents and three AFA rates for
companies that failed to respond to the
Q&V questionnaire. Thus, we are
assigning an ‘‘all-others’’ rate of 13.58
percent.6
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination.
Return or Destruction of Proprietary
Information
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Timely written notification of the return
6 See Decision Memorandum at ‘‘All-Others
Rate’’.
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Fmt 4703
Sfmt 4703
or destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation that is subject to
sanction.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: September 16, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
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 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
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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 in a
permanent manner. 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, 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 a
permanent and opaque surface coating which
obscures the grain, texture or markings of the
wood, are not included within the scope of
this investigation. Examples of permanently
affixed 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 handscraping 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, PS 2–09, or PS 2–10 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),
and additionally, multilayered wood flooring
with a face veneer of bamboo or composed
entirely of bamboo; (4) plywood which has
a shape or design other than a flat panel; (5)
products made entirely from bamboo and
adhesives (also known as ‘‘solid bamboo’’).
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;
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20:16 Sep 20, 2013
Jkt 229001
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; 4412.99.9000; 4412.10.9000;
4412.31.4080; 4412.32.0570; 4412.32.2530;
4412.94.5100; 4412.94.9500; 4412.99.5115;
and 4412.99.9500.
While HTSUS subheadings are provided
for convenience and customs purposes, the
written description of the subject
merchandise as set forth herein is
dispositive.
Appendix II
Issues and Decision Memorandum
I. Summary
II. Background
III. Subsidy Valuation Information
A. Period of Investigation
B. Allocation Period
C. Attribution of Subsidies
D. Denominators
IV. Use of Facts Otherwise Available and
Adverse Inferences
A. Application of AFA: Non-Cooperative
Companies
B. Application of AFA: Provision of
Electricity for Less Than Adequate
Remuneration
V. Analysis of Programs
A. Programs Determined To Be
Countervailable
1. Provision of Electricity for LTAR
B. Programs Determined Not To Be Used or
Not to Confer a Benefit During the POI
1. Tax Exemptions and Reductions for
‘‘Productive’’ Foreign Invested
Enterprises (FIEs)
2. Provincial Tax Exemptions and
Reductions for ‘‘Productive’’ FIEs
3. Tax Reduction for FIEs in Designated
Geographic Locations
4. Value Added Tax and Tariff Exemptions
on Imported Equipment
VI. Analysis of Comments
Comment 1: Application of Adverse Facts
Available
Comment 2: ‘‘All-Others’’ Rate
Comment 3: Provision of Electricity
Comment 4: Initiation of the Investigation
was Unlawful
Comment 5A: Solid Bamboo Products
Comment 5B: Bamboo Flooring
Comment 5C: Structural Plywood
Comment 5D: Very Thin Plywood
Comment 5E: Other Scope Issues
Comment 5F: Plywood with a Surface
Other Than Wood
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58285
VII. Recommendation
[FR Doc. 2013–23077 Filed 9–20–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 99–6A002]
Export Trade Certificate of Review
Notice of issuance of an
amended Export Trade Certificate of
Review to California Almond Export
Association, LLC (‘‘CAEA’’)
(Application #99–6A002).
ACTION:
The U.S. Department of
Commerce issued an amended Export
Trade Certificate of Review to California
Almond Export Association, LLC on
August 29, 2013.
FOR FURTHER INFORMATION CONTACT:
Joseph E. Flynn, Director, Office of
Competition and Economic Analysis,
International Trade Administration, by
telephone at (202) 482–5131 (this is not
a toll-free number) or email at etca@
trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. Sections 4001–21) (‘‘the
Act’’) authorizes the Secretary of
Commerce to issue Export Trade
Certificates of Review. The regulations
implementing Title III are found at 15
CFR Part 325 (2013).
The Office of Competition and
Economic Analysis (‘‘OCEA’’) is issuing
this notice pursuant to 15 CFR 325.6(b),
which requires the Secretary of
Commerce to publish a summary of the
certification in the Federal Register.
Under Section 305(a) of the Act and 15
CFR 325.11(a), any person aggrieved by
the Secretary’s determination may,
within 30 days of the date of this notice,
bring an action in any appropriate
district court of the United States to set
aside the determination on the ground
that the determination is erroneous.
SUMMARY:
Description of Amended Certificate
CAEA’s Export Trade Certificate of
Review has been amended to:
1. Delete the following company as a
Member of CAEA’s Certificate: North
Valley Nut, Inc. (Orland, CA).
2. Change the name of the following
Member: Roche Brothers International
(Escalon, CA) to Roche Brothers
International Family Nut Co. (Escalon,
CA)
CAEA’s Export Trade Certificate of
Review complete amended membership
is listed below:
Almonds California Pride, Inc.,
Caruthers, CA
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]]>Agencies
[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Notices]
[Pages 58283-58285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23077]
[[Page 58283]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-987]
Hardwood and Decorative Plywood from the People's Republic of
China: Final Affirmative Countervailing Duty Determination; 2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
countervailable subsidies are being provided to producers and/or
exporters of hardwood and decorative plywood From the People's Republic
of China (PRC).
DATES: Effective Date: September 23, 2013.
FOR FURTHER INFORMATION CONTACT: David Lindgren or Toni Page, 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 or (202) 482-1398,
respectively.
Background
The petitioners in this investigation are the Coalition for Fair
Trade of Hardwood Plywood (Petitioners). In addition to the Government
of the PRC, the respondents in this investigation are: (1) Linyi City
Dongfang Jinxin Economic & Trade Co., Ltd. (Dongfang); (2) Linyi San
Fortune Wood Co., Ltd. (San Fortune); and (3) Shanghai Senda Fancywood
Inc. a/k/a Shanghai Senda Fancywood Industry Co. (Senda), along with
their affiliated companies.
Period of Investigation
The period for which we are measuring subsidies, or period of
investigation, is January 1, 2011, through December 31, 2011.
Case History
The events that have occurred since the Department published the
Preliminary Determination on March 14, 2013,\1\ are discussed in the
Memorandum to Paul Piquado, Assistant Secretary for Import
Administration, ``Issues and Decision Memorandum for the Final
Affirmative Determination in the Countervailing Duty Investigation of
Hardwood and Decorative Plywood From the People's Republic of China''
(Decision Memorandum), which is dated concurrently with and hereby
adopted by this notice.
---------------------------------------------------------------------------
\1\ See 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, 78 FR 16250 (March 14, 2013) (Preliminary
Determination), and the accompanying Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
Scope Comments
In the Preliminary Determination for the companion antidumping duty
investigation, the Department invited interested parties to file briefs
on scope related matters.\2\ Between May 20, and June 17, 2013,
interested parties filed briefs and rebuttal briefs related to the
scope of the investigation. On May 31, 2013, interested parties
requested a hearing for scope related issues.\3\ The Department held a
public hearing for scope issues on June 18, 2013.\4\ Based on the
comments received from interested parties, we have updated the scope of
the investigation for the final determination.\5\ In addition, we have
addressed all scope comments in the Decision Memorandum.
---------------------------------------------------------------------------
\2\ See Hardwood and Decorative Plywood From the People's
Republic of China: Antidumping Duty Investigation, 78 FR 25946,
25952 (May 3, 2013).
\3\ See Letter to Acting Secretary Rebecca Blank Re: Request for
Hearing on Scope-Related Issues Hardwood and Decorative Plywood From
China (May 31, 2013).
\4\ See Scope Issue for the Antidumping Duty and Countervailing
Duty Investigations on Hardwood Decorative Plywood From the People's
Republic of China: Case Nos. A-570-986 and C-570-987 (Hearing
Transcript) (June 26, 2013).
\5\ See Appendix I.
---------------------------------------------------------------------------
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. See Appendix I for a complete description of the scope
of this investigation.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Decision Memorandum. A list of subsidy programs and
the issues that parties have raised, and to which we responded in the
Decision Memorandum, is attached to this notice as Appendix II.
The Decision Memorandum is a public document and is on file
electronically via IA ACCESS. IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in the Central Records Unit,
room 7046 of the main Department of Commerce building. In addition, a
complete version of the Decision Memorandum can be accessed directly on
the Internet at https://www.trade.gov/ia/. The signed and the electronic
versions of this memorandum are identical in content.
Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i) of the Tariff Act of
1930 (the Act), we have calculated rates for Dongfang, San Fortune and
Senda. We determine the countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
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 *....................... 27.16
Baishan Huafeng Wooden Product Co *........................ 27.16
China Friend Limited *..................................... 27.16
Feixian Guangyuan Plywood Factory *........................ 27.16
Feixian Xinfeng Wood Co Ltd *.............................. 27.16
Huzhou Chen Hang Wood Co. Ltd *............................ 27.16
Jiafeng Wood (Suzhou) Co., Ltd *........................... 27.16
[[Page 58284]]
Linyi Guoxin Wood Co., Ltd *............................... 27.16
Linyi Huayuan Wood Co., Ltd *.............................. 27.16
Linyi Sengong Wood Co., Ltd *.............................. 27.16
Lizhong Wood Industry Limited Co *......................... 27.16
Shandong Lichen Group Co., Ltd *........................... 27.16
Wellmade Floor Industries Co. Ltd *........................ 27.16
Zhejiang Dadongwu GreenHome Wood Co *...................... 27.16
Zhejiang Desheng Wood Industry Co., Ltd *.................. 27.16
All Others................................................. 13.58
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* Non-cooperative company to which an adverse facts available (AFA) rate
is being applied. See the Issues and Decision Memorandum.
** de minimis.
As a result of our Preliminary Determination and pursuant to
section 703(d) of the Act, we instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation of all entries of subject
merchandise from the PRC (with the exception of entries made by
Dongfang, San Fortune, and Senda) that were entered, or withdrawn from
warehouse, for consumption on or after March 14, 2013, the date of the
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, we issued instructions to
CBP to discontinue the suspension of liquidation for countervailing
duty (CVD) purposes for subject merchandise entered, or withdrawn from
warehouse, on or after July 12, 2013, but to continue the suspension of
liquidation of all entries from March 14, 2013, through July 11, 2013.
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.
If the International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order and
reinstate the suspension of liquidation for the relevant companies
under section 706(a) of the Act, and we will require a cash deposit of
estimated CVDs for such entries of merchandise in the amounts indicated
above. If the ITC determines that material injury, or threat of
material injury, does not exist, this proceeding will be terminated and
all estimated duties deposited or securities posted as a result of the
suspension of liquidation will be refunded or canceled.
In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for
companies not individually investigated, we apply an ``all-others''
rate, which is normally calculated by weight averaging the subsidy
rates of the individually investigated companies. Under section
705(c)(5)(i) of the Act, the ``all-others'' rate excludes zero and de
minimis rates and rates based entirely on facts available for the
exporters and producers individually investigated. Where the rates for
the individually investigated companies are all zero or de minimis or
based on facts available, section 705(c)(5)(A)(ii) of the Act instructs
the Department to establish an ``all-others'' rate using ``any
reasonable method.''
For purposes of this final determination, we find that a reasonable
method for establishing the ``all-others'' rate is to calculate a
simple average margin based on the rates assigned to the three
mandatory respondents (zero percent) and the AFA rate assigned to the
non-responsive companies (27.16 percent). We have limited the number of
AFA rates used in the average, based on failures to respond to the
quantity and value (Q&V) questionnaires, to the same number of
companies that we determined we could reasonably examine in this
investigation, which was three. Accordingly, we determined the ``all-
others'' rate by taking the simple average of the rates calculated for
the three selected mandatory respondents and three AFA rates for
companies that failed to respond to the Q&V questionnaire. Thus, we are
assigning an ``all-others'' rate of 13.58 percent.\6\
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\6\ See Decision Memorandum at ``All-Others Rate''.
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ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination.
Return or Destruction of Proprietary Information
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
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 terms of an APO is a violation that
is subject to sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: September 16, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
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 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
[[Page 58285]]
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 in a permanent manner.
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, 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 a permanent and opaque surface coating which
obscures the grain, texture or markings of the wood, are not
included within the scope of this investigation. Examples of
permanently affixed 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, PS 2-09, or PS 2-10 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), and additionally, multilayered wood flooring with a face
veneer of bamboo or composed entirely of bamboo; (4) plywood which
has a shape or design other than a flat panel; (5) products made
entirely from bamboo and adhesives (also known as ``solid bamboo'').
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; 4412.99.9000; 4412.10.9000;
4412.31.4080; 4412.32.0570; 4412.32.2530; 4412.94.5100;
4412.94.9500; 4412.99.5115; and 4412.99.9500.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the subject merchandise as set
forth herein is dispositive.
Appendix II
Issues and Decision Memorandum
I. Summary
II. Background
III. Subsidy Valuation Information
A. Period of Investigation
B. Allocation Period
C. Attribution of Subsidies
D. Denominators
IV. Use of Facts Otherwise Available and Adverse Inferences
A. Application of AFA: Non-Cooperative Companies
B. Application of AFA: Provision of Electricity for Less Than
Adequate Remuneration
V. Analysis of Programs
A. Programs Determined To Be Countervailable
1. Provision of Electricity for LTAR
B. Programs Determined Not To Be Used or Not to Confer a Benefit
During the POI
1. Tax Exemptions and Reductions for ``Productive'' Foreign
Invested Enterprises (FIEs)
2. Provincial Tax Exemptions and Reductions for ``Productive''
FIEs
3. Tax Reduction for FIEs in Designated Geographic Locations
4. Value Added Tax and Tariff Exemptions on Imported Equipment
VI. Analysis of Comments
Comment 1: Application of Adverse Facts Available
Comment 2: ``All-Others'' Rate
Comment 3: Provision of Electricity
Comment 4: Initiation of the Investigation was Unlawful
Comment 5A: Solid Bamboo Products
Comment 5B: Bamboo Flooring
Comment 5C: Structural Plywood
Comment 5D: Very Thin Plywood
Comment 5E: Other Scope Issues
Comment 5F: Plywood with a Surface Other Than Wood
VII. Recommendation
[FR Doc. 2013-23077 Filed 9-20-13; 8:45 am]
BILLING CODE 3510-DS-P
