Certain Hardwood Plywood Products From the People's Republic of China: Initiation of Countervailing Duty Investigation, 91131-91136 [2016-30304]
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either side of the core irrespective of
additional surface coatings or covers as
described below.
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 hardwood, softwood,
particleboard, or medium-density fiberboard
(MDF).
All hardwood plywood is included within
the scope of this investigation regardless of
whether or not the face and/or back veneers
are surface coated or covered and whether or
not such surface coating(s) or covers obscures
the grain, textures, or markings of the wood.
Examples of surface coatings and covers
include, but are not limited to: Ultra-violet
light cured polyurethanes; oil or oil-modified
or water based polyurethanes; wax; epoxyester finishes; moisture-cured urethanes;
paints; stains; paper; aluminum; high
pressure laminate; MDF; medium density
overlay (‘‘MDO’’); and phenolic film.
Additionally, the face veneer of hardwood
plywood may be sanded; smoothed or given
a ‘‘distressed’’ appearance through such
methods as hand-scraping or wire brushing.
All hardwood plywood is included within
the scope even if it is trimmed; cut-to-size;
notched; punched; drilled; or has underwent
other forms of minor processing.
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).
Subject merchandise also includes
hardwood and decorative plywood that has
been further processed in a third country,
including but not limited to trimming,
cutting, notching, punching, drilling, or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the in-scope product.
The scope of the investigation excludes the
following items: (1) Structural plywood (also
known as ‘‘industrial plywood’’ or
‘‘industrial panels’’) that is manufactured 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),
and which has both a face and a back veneer
of coniferous wood; (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. See Multilayered Wood
Flooring from the People’s Republic of China,
76 FR 76690 (December 8, 2011) (amended
final determination of sales at less than fair
value and antidumping duty order), and
Multilayered Wood Flooring from the
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People’s Republic of China, 76 FR 76693
(December 8, 2011) (countervailing duty
order), as amended by Multilayered Wood
Flooring from the People’s Republic of China:
Amended Antidumping and Countervailing
Duty Orders, 77 FR 5484 (February 3, 2012);
(4) multilayered wood flooring with a face
veneer of bamboo or composed entirely of
bamboo; (5) plywood which has a shape or
design other than a flat panel, with the
exception of any minor processing described
above; and (6) products made entirely from
bamboo and adhesives (also known as ‘‘solid
bamboo’’).
Imports of hardwood plywood are
primarily entered under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 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; 4412.31.4075;
4412.31.4080; 4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165; 4412.31.5175;
4412.31.6000; 4412.31.9100; 4412.32.0520;
4412.32.0540; 4412.32.0565; 4412.32.0570;
4412.32.2510; 4412.32.2525; 4412.32.2530;
4412.32.3125; 4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175; 4412.32.3185;
4412.32.5600; 4412.94.1030; 4412.94.1050;
4412.94.3105; 4412.94.3111; 4412.94.3121;
4412.94.3131; 4412.94.3141; 4412.94.3160;
4412.94.3161; 4412.94.3171; 4412.94.3175;
4412.94.4100; 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; 4412.99.5115; and
4412.99.5710.
Imports of hardwood plywood may also
enter under HTSUS subheadings
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; 4412.99.6000;
4412.99.7000; 4412.99.8000; 4412.99.9000;
4412.10.9000; 4412.94.5100; 4412.94.9500;
and 4412.99.9500. While the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
[FR Doc. 2016–30305 Filed 12–15–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–052]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Initiation of Countervailing Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective December 8, 2016.
FOR FURTHER INFORMATION CONTACT:
Justin Neuman at (202) 482–0486, or
Matthew Renkey at (202) 482–2312, AD/
AGENCY:
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CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On November 18, 2016, the
Department of Commerce (Department)
received a countervailing duty (CVD)
petition concerning imports of certain
hardwood plywood products (hardwood
plywood) from the People’s Republic of
China (PRC), filed in proper form on
behalf of the Coalition for Fair Trade in
Hardwood Plywood and its individual
members (Petitioners).1
On November 22, 2016, the
Department requested additional
information and clarification of certain
areas of the Petition.2 Petitioners filed
responses to these requests on
November 29, 2016.3 On December 5,
2016, Far East America, Inc. (FEA), a
U.S. importer of hardwood plywood,
provided comments on domestic
industry support for the Petitions and
requested that the Department poll the
domestic industry to determine industry
support.4 We also received comments
on industry support and a request to
poll the domestic industry from Ashley
Furniture Industries, Inc.; Heritage
1 See the Petition for the Imposition of
Antidumping and Countervailing Duties Pursuant
to Sections 701 and 731 of the Tariff Act of 1930,
as Amended, dated November 18, 2016 (Petition),
at Volumes I and III. The members of the Coalition
for Fair Trade in Hardwood Plywood are: Columbia
Forest Products; Commonwealth Plywood Co., Ltd.;
Murphy Plywood; Roseburg Forest Products Co.;
States Industries LLC; and Timber Products
Company.
2 See Letters from the Department to Petitioners
entitled, ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports
of Certain Hardwood Plywood Products from the
People’s Republic of China: Supplemental
Questions,’’ dated November 22, 2016 (General
Issues Supplemental Questionnaire) and ‘‘Petitions
for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain
Hardwood Plywood Products from the People’s
Republic of China: Supplemental Questions,’’ dated
November 23, 2016 (CVD Supplemental
Questionnaire).
3 See Letter from Petitioners to the Department
entitled, ‘‘Certain Hardwood Plywood Products
from the People’s Republic of China: Response to
the Department’s November 22, 2016 Supplemental
Questions Regarding Volume I of the Petition for
the Imposition of Antidumping and Countervailing
Duties,’’ dated November 29, 2016 (General Issues
Supplement); see also Letter from Petitioners to the
Department entitled, ‘‘Certain Hardwood Plywood
Products from the People’s Republic of China:
Response to the Department’s November 23, 2016
Supplemental Questions Regarding Volume III of
the Petition for the Imposition of Countervailing
Duties,’’ dated November 29, 2016 (CVD
Supplemental Response).
4 See Letter from FEA to the Department entitled,
‘‘Hardwood Plywood Products from the People’s
Republic of China: Request for Polling,’’ dated
December 5, 2016 (FEA Letter).
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Home Group, Inc.; and Standard
Furniture Manufacturing Company, U.S.
producers of wooden and upholstered
furniture and wooden furniture parts,
on December 5, 2016.5 On December 6,
2016, Petitioners provided a response to
FEA’s comments on industry support
and provided further clarification
regarding the scope.6 On December 7,
2016, Petitioners provided a response to
the Furniture Producers’ Letter.7 On
December 7, 2016, the Government of
the PRC provided comments on
industry support and requested the
Department poll the industry to
determine industry support.8 In
accordance with section 702(b)(1) of the
Tariff Act of 1930, as amended (the Act),
Petitioners allege that the Government
of the PRC (GOC) is providing
countervailable subsidies (within the
meaning of sections 701 and 771(5) of
the Act) with respect to imports of
hardwood plywood from the PRC, and
that imports of hardwood plywood from
the PRC are materially injuring, or
threaten material injury to, the domestic
industry producing hardwood plywood
in the United States. Also, consistent
with section 702(b)(1) of the Act, for
those alleged programs on which we are
initiating a CVD investigation, the
Petition is accompanied by information
reasonably available to Petitioners
supporting their allegations.
The Department finds that Petitioners
filed this Petition on behalf of the
domestic industry because Petitioners
are interested parties as defined in
section 771(9)(C) and (F) of the Act. The
Department also finds that Petitioners
demonstrated sufficient industry
support with respect to the initiation of
the CVD investigation that Petitioners
are requesting.9
5 See Letter from Ashley Furniture Industries,
Inc.; Heritage Home Group, Inc.; and Standard
Furniture Manufacturing Company, Inc. to the
Department entitled, ‘‘Hardwood Plywood Products
from the People’s Republic of China: Challenge to
Petition’s Industry Support,’’ dated December 5,
2016 (Furniture Producers’ Letter).
6 See Letter from Petitioners to the Department
entitled, ‘‘Certain Hardwood Plywood Products
from the People’s Republic of China,’’ dated
December 6, 2016, (Petitioners’ Revised Scope and
Response to FEA Letter).
7 See Letter from Petitioners to the Department
entitled, ‘‘Certain Hardwood Plywood Products
from the People’s Republic of China: Petitioners’
Response to Domestic Furniture Producers’
December 5, 2016 Letter,’’ dated December 7, 2016
(Petitioners’ Response to Furniture Producers’
Letter).
8 See Memo to the File, dated December 7, 2016,
which contains the GOC’s industry support
comments (GOC Comments).
9 See the ‘‘Determination of Industry Support for
the Petition’’ section below.
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Period of Investigation
Because the Petition was filed on
November 18, 2016, pursuant to 19 CFR
351.204(b)(2), the period of
investigation is January 1, through
December 31, 2015.
Scope of the Investigation
The product covered by this
investigation is hardwood plywood
from the PRC. For a full description of
the scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I of this notice.
Comments on Scope of the Investigation
During our review of the Petition, we
issued questions to, and received
responses from, Petitioners pertaining to
the proposed scope to ensure that the
scope language in the Petition would be
an accurate reflection of the products for
which the domestic industry is seeking
relief.10
As discussed in the preamble to the
Department’s regulations,11 we are
setting aside a period for interested
parties to raise issues regarding product
coverage (scope). The Department will
consider all comments received from
parties and, if necessary, will consult
with parties prior to the issuance of the
preliminary determination. If scope
comments include factual information
(see 19 CFR 351.102(b)(21)), all such
factual information should be limited to
public information. In order to facilitate
preparation of its questionnaires, the
Department requests all interested
parties to submit such comments by
5:00 p.m. Eastern Time (ET) on
Wednesday, December 28, 2016. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on Monday, January 9,
2017.
The Department requests that any
factual information the parties consider
relevant to the scope of the investigation
be submitted during this time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact the Department and request
permission to submit the additional
information. All such comments must
also be filed on the record of the
concurrent AD investigation.
Filing Requirements
All submissions to the Department
must be filed electronically using
10 See General Issues Supplemental
Questionnaire; see also General Issues Supplement
at 1–5; see also Petitioners’ Revised Scope and
Response to FEA Letter.
11 See Antidumping Duties; Countervailing
Duties, 62 FR 27296, 27323 (May 19, 1997).
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Enforcement & Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS).12 An electronically filed
document must be received successfully
in its entirety by the time and date when
it is due. Documents excepted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with Enforcement & Compliance’s
APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, and stamped
with the date and time of receipt by the
applicable deadlines.
Consultations
Pursuant to section 702(b)(4)(A)(i) of
the Act, the Department notified
representatives of the GOC of the receipt
of the Petition. Also, in accordance with
section 702(b)(4)(A)(ii) of the Act, the
Department provided representatives of
the GOC the opportunity for
consultations with respect to the CVD
petition.13 In response to the
Department’s letter, the GOC requested
that consultations be held on December
16, 2016, which we note is after the
initiation date.14
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
12 See 19 CFR 351.303 (describing general filing
requirements); see also Antidumping and
Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011) and
Enforcement and Compliance; Change of Electronic
Filing System Name, 79 FR 69046 (November 20,
2014) for details of the Department’s electronic
filing requirements, which went into effect on
August 5, 2011. Information on help using ACCESS
can be found at https://access.trade.gov/help.aspx
and a handbook can be found at https://
access.trade.gov/help/Handbook%
20on%20Electronic%20 Filling%20Procedures.pdf.
13 See Letter of invitation from the Department
regarding, ‘‘Countervailing Duty Petition Certain
Hardwood Plywood Products from the People’s
Republic of China,’’ dated December 2, 2016.
14 See Department Memorandum,
‘‘Countervailing Duty Petition on Certain Hardwood
Plywood Products from the People’s Republic of
China: GOC Consultations,’’ dated December 7,
2016.
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does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) determine
industry support using a statistically
valid sampling method to poll the
‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
the Department and the ITC must apply
the same statutory definition regarding
the domestic like product,15 they do so
for different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law.16
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the Petition).
With regard to the domestic like
product, Petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigation. Based on our analysis of
the information submitted on the
record, we have determined that
hardwood plywood, as defined in the
scope, constitutes a single domestic like
product and we have analyzed industry
support in terms of that domestic like
product.17
15 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
17 For a discussion of the domestic like product
analysis in this case, see Countervailing Duty
16 See
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In determining whether Petitioners
have standing under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petition with reference to the
domestic like product as defined in the
‘‘Scope of the Investigation,’’ in
Appendix I of this notice. Petitioners
provided their own production of the
domestic like product in 2015.
Petitioners also provided data from the
Hardwood Plywood & Veneer
Association (HPVA) to determine total
2015 production of the domestic like
product by the entire domestic industry.
To establish industry support,
Petitioners compared their production
to the total 2015 production of the
domestic like product for the entire
domestic industry.18 We relied on data
Petitioners provided for purposes of
measuring industry support.19
On December 5, 2016, we received
comments on industry support from
FEA, a U.S. importer of the subject
merchandise, and Ashley Furniture
Industries, Inc.; Heritage Home Group,
Inc.; and Standard Furniture
Manufacturing Company, Inc., domestic
producers of wooden and upholstered
furniture and wooden furniture parts.20
Petitioners responded to these
comments on December 6, 2016.21
Our review of the data provided in the
Petition, General Issues Supplement,
and other information readily available
to the Department indicates that
Petitioners have established industry
support.22 First, the Petition established
support from domestic producers (or
workers) accounting for more than 50
percent of the total production of the
domestic like product and, as such, the
Department is not required to take
further action in order to evaluate
industry support (e.g., polling).23
Second, the domestic producers (or
Investigation Initiation Checklist: Certain
Hardwood Plywood Products from the People’s
Republic of China (PRC CVD Initiation Checklist),
at Attachment II, Analysis of Industry Support for
the Antidumping and Countervailing Duty Petitions
Covering Certain Hardwood Plywood Products from
the People’s Republic of China (Attachment II). This
checklist is dated concurrently with this notice and
on file electronically via ACCESS. Access to
documents filed via ACCESS is also available in the
Central Records Unit, Room B8024 of the main
Department of Commerce building.
18 See Volume I of the Petition, at 3 and Exhibits
I–3 and I–8; see also General Issues Supplement, at
6–8 and Exhibit I–Supp–3.
19 Id. For further discussion, see PRC CVD
Initiation Checklist, at Attachment II.
20 See FEA Letter and Furniture Producers’ Letter.
21 See Petitioners’ Revised Scope and Response to
FEA Letter; see also Petitioners’ Response to
Furniture Producers’ Letter.
22 See PRC CVD Initiation Checklist, at
Attachment II.
23 See section 702(c)(4)(D) of the Act; see also
PRC CVD Initiation Checklist, at Attachment II.
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workers) have met the statutory criteria
for industry support under section
702(c)(4)(A)(i) of the Act because the
domestic producers (or workers) who
support the Petition account for at least
25 percent of the total production of the
domestic like product.24 Finally, the
domestic producers (or workers) have
met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of
the Act because the domestic producers
(or workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.25 Accordingly, the
Department determines that the Petition
was filed on behalf of the domestic
industry within the meaning of section
702(b)(1) of the Act.
The Department finds that Petitioners
filed the Petition on behalf of the
domestic industry because they are
interested parties as defined in section
771(9)(C) and (F) of the Act and they
have demonstrated sufficient industry
support with respect to the CVD
investigation that they are requesting
the Department initiate.26
Injury Test
Because the PRC is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from the PRC
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
Petitioners allege that imports of the
subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, Petitioners allege
that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.27
Petitioners contend that the industry’s
injured condition is illustrated by
reduced market share; underselling and
price suppression or depression; lost
sales and revenues; and negative impact
on the domestic industry’s key
indicators, including financial
performance, production, shipments,
24 See PRC CVD Initiation Checklist, at
Attachment II.
25 Id.
26 See PRC CVD Initiation Checklist, at
Attachment II.
27 See General Issues Supplement, at 8–9 and
Exhibit I–Supp–5.
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and capacity utilization.28 We have
assessed the allegations and supporting
evidence regarding material injury,
threat of material injury, and causation,
and we have determined that these
allegations are properly supported by
adequate evidence and meet the
statutory requirements for initiation.29
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Initiation of Countervailing Duty
Investigation
Section 702(b)(1) of the Act requires
the Department to initiate a CVD
investigation whenever an interested
party files a CVD petition on behalf of
an industry that: (1) Alleges elements
necessary for an imposition of a duty
under section 701(a) of the Act; and (2)
is accompanied by information
reasonably available to Petitioners
supporting the allegations.
Petitioners allege that producers/
exporters of hardwood plywood in the
PRC benefit from countervailable
subsidies bestowed by the GOC. The
Department examined the Petition and
finds that it complies with the
requirements of section 702(b)(1) of the
Act. Therefore, in accordance with
section 702(b)(1) of the Act, we are
initiating a CVD investigation to
determine whether manufacturers,
producers, or exporters of hardwood
plywood from the PRC receive
countervailable subsidies from the GOC
and various authorities thereof.
On June 29, 2015, the President of the
United States signed into law the Trade
Preferences Extension Act of 2015,
which made numerous amendments to
the AD and CVD law.30 The 2015 law
does not specify dates of application for
those amendments. On August 6, 2015,
the Department published an
interpretative rule, in which it
announced the applicability dates for
each amendment to the Act, except for
amendments contained in section 771(7)
of the Act, which relate to
determinations of material injury by the
ITC.31 The amendments to sections 776
and 782 of the Act are applicable to all
28 See Volume I of the Petition, at 14–40 and
Exhibits I–6 through I–17; see also General Issues
Supplement, at 1, 8–11 and Exhibits I–Supp–2, I–
Supp–5, and I–Supp–6.
29 See PRC CVD Initiation Checklist, at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Certain Hardwood Plywood Products from
the People’s Republic of China.
30 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
31 See Dates of Application of Amendments to the
Antidumping and Countervailing Duty Laws Made
by the Trade Preferences Extension Act of 2015, 80
FR 46793 (August 6, 2015) (Applicability Notice).
The 2015 amendments may be found at https://
www.congress.gov/bill/114th-congress/house-bill/
1295/text/pl.
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determinations made on or after August
6, 2015, and, therefore, apply to this
CVD investigation.32
Based on our review of the petition,
we find that there is sufficient
information to initiate a CVD
investigation on 31 of the 33 alleged
programs in the PRC. For a full
discussion of the basis for our decision
to initiate on each program, see the PRC
CVD Initiation Checklist. A public
version of the initiation checklist for
this investigation is available on
ACCESS.
In accordance with section 703(b)(1)
of the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determination no later than
65 days after the date of this initiation.
Respondent Selection
The Department normally selects
respondents in a CVD investigation
using CBP entry data. However, for this
investigation, the HTSUS numbers the
subject merchandise would enter under
are basket categories containing many
products unrelated to hardwood
plywood, and the reported entry data
contain differing units of quantity.
Therefore, we cannot rely on CBP entry
data in selecting respondents. Instead,
for this investigation, the Department
will request quantity and value (Q&V)
information from known exporters and
producers identified, with complete
contact information, in the Petition. In
addition, the Department will post the
Q&V questionnaire along with filing
instructions on the Enforcement and
Compliance Web site at https://
www.trade.gov/enforcement/news.asp.
Producers/exporters of hardwood
plywood from the PRC that do not
receive Q&V questionnaires by mail may
still submit a response to the Q&V
questionnaire and can obtain a copy
from the Enforcement & Compliance
Web site. The Q&V response must be
submitted by the relevant PRC
exporters/producers no later than
December 22, 2016. All Q&V responses
must be filed electronically via
ACCESS.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOC via ACCESS. Because of the
particularly large number of producers/
exporters identified in the Petition, the
Department considers the service of the
public version of the Petition to the
foreign producers/exporters satisfied by
delivery of the public version to the
government of the PRC, consistent with
19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
hardwood plywood from the PRC are
materially injuring, or threatening
material injury to, a U.S. industry.33 A
negative ITC determination will result
in the investigation being terminated; 34
otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). The regulation
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. Time
limits for the submission of factual
information are addressed in 19 CFR
351.301, which provides specific time
limits based on the type of factual
information being submitted. Parties
should review the regulations prior to
submitting factual information in this
investigation.
Extension of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301
expires. For submissions that are due
from multiple parties simultaneously,
33 See
32 Id.,
PO 00000
at 46794–95.
Frm 00020
Fmt 4703
34 See
Sfmt 4703
E:\FR\FM\16DEN1.SGM
section 703(a)(2) of the Act.
section 703(a)(1) of the Act.
16DEN1
Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices
an extension request will be considered
untimely if it is filed after 10:00 a.m. on
the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in
the letter or memorandum setting forth
the deadline (including a specified time)
by which extension requests must be
filed to be considered timely. An
extension request must be made in a
separate, stand-alone submission; under
limited circumstances we will grant
untimely-filed requests for the extension
of time limits. Review Extension of
Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
submitting factual information in this
investigation.
mstockstill on DSK3G9T082PROD with NOTICES
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.35
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives.
Investigations initiated on the basis of
petitions filed on or after August 16,
2013, and other segments of any AD or
CVD proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.36 The
Department intends to reject factual
submissions if the submitting party does
not comply with the applicable revised
certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in this investigation should ensure that
they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
35 See
section 782(b) of the Act.
Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/
factual_info_final_rule_FAQ_07172013.pdf.
36 See
VerDate Sep<11>2014
18:42 Dec 15, 2016
Jkt 241001
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act.
Dated: December 8, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I—Scope of the Investigation
The merchandise subject to this
investigation is hardwood and decorative
plywood, and certain veneered panels as
described below. For purposes of this
proceeding, hardwood and decorative
plywood is defined as a generally flat,
multilayered plywood or other veneered
panel, consisting of two or more layers or
plies of wood veneers and a core, with the
face and/or back veneer made of nonconiferous wood (hardwood) or bamboo. The
veneers, along with the core may be glued or
otherwise bonded together. Hardwood and
decorative plywood may include products
that meet the American National Standard for
Hardwood and Decorative Plywood, ANSI/
HPVA HP–1–2016 (including any revisions
to that standard).
For purposes of this investigation a
‘‘veneer’’ is a slice of wood regardless of
thickness which is cut, sliced or sawed from
a log, bolt, or flitch. The face and back
veneers are the outermost veneer of wood on
either side of the core irrespective of
additional surface coatings or covers as
described below.
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 hardwood, softwood,
particleboard, or medium-density fiberboard
(‘‘MDF’’).
All hardwood plywood is included within
the scope of this investigation regardless of
whether or not the face and/or back veneers
are surface coated or covered and whether or
not such surface coating(s) or covers obscures
the grain, textures, or markings of the wood.
Examples of surface coatings and covers
include, but are not limited to: Ultra-violet
light cured polyurethanes; oil or oil-modified
or water based polyurethanes; wax; epoxyester finishes; moisture-cured urethanes;
paints; stains; paper; aluminum; high
pressure laminate; MDF; medium density
overlay (‘‘MDO’’); and phenolic film.
Additionally, the face veneer of hardwood
plywood may be sanded; smoothed or given
a ‘‘distressed’’ appearance through such
methods as hand-scraping or wire brushing.
All hardwood plywood is included within
the scope even if it is trimmed; cut-to-size;
notched; punched; drilled; or has underwent
other forms of minor processing.
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
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
91135
(48 x 96 inches), and 1219 x 3048 mm (48
x 120 inches).
Subject merchandise also includes
hardwood and decorative plywood that has
been further processed in a third country,
including but not limited to trimming,
cutting, notching, punching, drilling, or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the in-scope product.
The scope of the investigation excludes the
following items: (1) Structural plywood (also
known as ‘‘industrial plywood’’ or
‘‘industrial panels’’) that is manufactured 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),
and which has both a face and a back veneer
of coniferous wood; (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. See Multilayered Wood
Flooring from the People’s Republic of China,
76 FR 76,690 (Dec. 8, 2011) (amended final
determination of sales at less than fair value
and antidumping duty order), and
Multilayered Wood Flooring from the
People’s Republic of China, 76 FR 76.693
(Dec. 8, 2011) (countervailing duty order), as
amended by Multilayered Wood Flooring
from the People’s Republic of China:
Amended Antidumping and Countervailing
Duty Orders, 77 FR 5,484 (Feb. 3, 2012); (4)
multilayered wood flooring with a face
veneer of bamboo or composed entirely of
bamboo; (5) plywood which has a shape or
design other than a flat panel, with the
exception of any minor processing described
above; and (6) products made entirely from
bamboo and adhesives (also known as ‘‘solid
bamboo’’).
Imports of hardwood plywood are
primarily entered under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 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; 4412.31.4075;
4412.31.4080; 4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165; 4412.31.5175;
4412.31.6000; 4412.31.9100; 4412.32.0520;
4412.32.0540; 4412.32.0565; 4412.32.0570;
4412.32.2510; 4412.32.2525; 4412.32.2530;
4412.32.3125; 4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175; 4412.32.3185;
4412.32.5600; 4412.94.1030; 4412.94.1050;
4412.94.3105; 4412.94.3111; 4412.94.3121;
4412.94.3131; 4412.94.3141; 4412.94.3160;
4412.94.3161; 4412.94.3171; 4412.94.3175;
4412.94.4100; 4412.99.0600; 4412.99.1020;
4412.99.1030; 4412.99.1040; 4412.99.3110;
4412.99.3120; 4412.99.3130;9 4412.99.3140;
4412.99.3150; 4412.99.3160; 4412.99.3170;
4412.99.4100; 4412.99.5115; and
4412.99.5710.
Imports of hardwood plywood may also
enter under HTSUS subheadings
4412.39.1000; 4412.39.3000; 4412.39.4011;
4412.39.4012; 4412.39.4019; 4412.39.4031;
E:\FR\FM\16DEN1.SGM
16DEN1
91136
Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices
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; 4412.99.6000;
4412.99.7000; 4412.99.8000; 4412.99.9000;
4412.10.9000; 4412.94.5100; 4412.94.9500;
and 4412.99.9500. While the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
[FR Doc. 2016–30304 Filed 12–15–16; 8:45 am]
BILLING CODE 3510–DS–P
Postponement of Final Determination
and Extension of Provisional Measures
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–036]
Certain Biaxial Integral Geogrid
Products From the People’s Republic
of China: Extension of Final
Determination of Antidumping Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is extending the time
limits for the final determination of the
investigation of certain biaxial integral
geogrid products (‘‘geogrids’’) from the
People’s Republic of China (‘‘PRC’’).
The period of investigation (‘‘POI’’) is
July 1, 2015, through December 31,
2015.
DATES: Effective December 16, 2016.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit or Julia Hancock,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–4031 or
(202) 482–1394, respectively.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY:
Background
The Department published the notice
of initiation of this investigation on
February 16, 2016.1 On June 24, 2016,
the companion countervailing duty
(‘‘CVD’’) investigation of geogrids from
the PRC published a notice aligning the
final CVD determination with the final
determination of the antidumping duty
(‘‘AD’’) investigation in accordance with
section 705(a)(1) of the Tariff Act of
1930, as amended (the ‘‘Act’’), and 19
CFR 351.210(b)(4).2 On August 22, 2016,
1 See Certain Biaxial Integral Geogrid Products
From the People’s Republic of China: Initiation of
Less-Than-Fair-Value Investigation, 81 FR 7755
(February 16, 2016).
2 See Countervailing Duty Investigation of Certain
Biaxial Integral Geogrid Products From the People’s
VerDate Sep<11>2014
18:42 Dec 15, 2016
Jkt 241001
the Department published the
preliminary results of the AD
investigation of geogrids from the PRC.3
In that notice, the Department partially
extended the final determination,
stating that the final determination
would be issued no later than 120 days
after the date of publication of the
preliminary determination, pursuant to
section 735(a)(2) of the Act. The final
results are currently due no later than
December 20, 2016.
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by Petitioners. 19
CFR 351.210(e)(2) requires that requests
by respondents for postponement of a
final antidumping determination be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.
On July 11, 2016, pursuant to 19 CFR
351.210(b) and (e), Taian Modern Plastic
Co., Ltd. requested that, contingent
upon an affirmative preliminary
determination of sales at LTFV, the
Department postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.4
Because the final determination is not
fully extended, and in accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because (1) our
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are fully postponing the final
determination and extending the
Republic of China: Preliminary Determination and
Alignment of Final Determination With Final
Antidumping Duty Determination, 81 FR 41292
(June 24, 2016).
3 See Certain Biaxial Integral Geogrid Products
From the People’s Republic of China: Affirmative
Preliminary Determination of Sales at Less Than
Fair Value, Affirmative Determination of Critical
Circumstances, in Part, and Postponement of Final
Determination, 81 FR 56584 (August 22, 2016).
4 See Letter to the Secretary of Commerce from
Taian Modern Plastic Co., Ltd., ‘‘Certain Biaxial
Integral Geogrid Products from the People’s
Republic of China: Request to Extend Final
Determination’’ (July 11, 2016).
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
provisional measures. Accordingly, we
will make our final determination no
later than 135 days after the date of
publication of the preliminary
determination, pursuant to section
735(a)(2) of the Act.5 Therefore, the final
results are now due no later than
January 4, 2017.
We are issuing and publishing this
notice in accordance with sections
733(f) of the Act.
Dated: December 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–30311 Filed 12–15–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Reporting Requirements for Sea
Otter Interactions with the Pacific
Sardine Fishery; Coastal Pelagic Species
Fishery Management Plan.
OMB Control Number: 0648–0566.
Form Number(s): None.
Type of Request: Regular (extension of
a currently approved information
collection).
Number of Respondents: 2.
Average Hours per Response: 15
minutes.
Burden Hours: 1.
Needs and Uses: This request is for
extension of a currently approved
information collection.
On May 30, 2007, the National Marine
Fisheries Service (NMFS) published a
Final Rule (72 FR 29891) implementing
a requirement under the Coastal Pelagic
Species Fishery Management Plan (CPS
FMP) to report any interactions that may
occur between a CPS vessel and/or
fishing gear and sea otters.
Specifically, these reporting
requirements are:
1. If a southern sea otter is entangled
in a net, regardless of whether the
animal is injured or killed, such an
occurrence must be reported within 24
hours to the Regional Administrator,
NMFS West Coast Region.
5 See
E:\FR\FM\16DEN1.SGM
also 19 CFR 351.210(e).
16DEN1
Agencies
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91131-91136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30304]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective December 8, 2016.
FOR FURTHER INFORMATION CONTACT: Justin Neuman at (202) 482-0486, or
Matthew Renkey at (202) 482-2312, AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On November 18, 2016, the Department of Commerce (Department)
received a countervailing duty (CVD) petition concerning imports of
certain hardwood plywood products (hardwood plywood) from the People's
Republic of China (PRC), filed in proper form on behalf of the
Coalition for Fair Trade in Hardwood Plywood and its individual members
(Petitioners).\1\
---------------------------------------------------------------------------
\1\ See the Petition for the Imposition of Antidumping and
Countervailing Duties Pursuant to Sections 701 and 731 of the Tariff
Act of 1930, as Amended, dated November 18, 2016 (Petition), at
Volumes I and III. The members of the Coalition for Fair Trade in
Hardwood Plywood are: Columbia Forest Products; Commonwealth Plywood
Co., Ltd.; Murphy Plywood; Roseburg Forest Products Co.; States
Industries LLC; and Timber Products Company.
---------------------------------------------------------------------------
On November 22, 2016, the Department requested additional
information and clarification of certain areas of the Petition.\2\
Petitioners filed responses to these requests on November 29, 2016.\3\
On December 5, 2016, Far East America, Inc. (FEA), a U.S. importer of
hardwood plywood, provided comments on domestic industry support for
the Petitions and requested that the Department poll the domestic
industry to determine industry support.\4\ We also received comments on
industry support and a request to poll the domestic industry from
Ashley Furniture Industries, Inc.; Heritage
[[Page 91132]]
Home Group, Inc.; and Standard Furniture Manufacturing Company, U.S.
producers of wooden and upholstered furniture and wooden furniture
parts, on December 5, 2016.\5\ On December 6, 2016, Petitioners
provided a response to FEA's comments on industry support and provided
further clarification regarding the scope.\6\ On December 7, 2016,
Petitioners provided a response to the Furniture Producers' Letter.\7\
On December 7, 2016, the Government of the PRC provided comments on
industry support and requested the Department poll the industry to
determine industry support.\8\ In accordance with section 702(b)(1) of
the Tariff Act of 1930, as amended (the Act), Petitioners allege that
the Government of the PRC (GOC) is providing countervailable subsidies
(within the meaning of sections 701 and 771(5) of the Act) with respect
to imports of hardwood plywood from the PRC, and that imports of
hardwood plywood from the PRC are materially injuring, or threaten
material injury to, the domestic industry producing hardwood plywood in
the United States. Also, consistent with section 702(b)(1) of the Act,
for those alleged programs on which we are initiating a CVD
investigation, the Petition is accompanied by information reasonably
available to Petitioners supporting their allegations.
---------------------------------------------------------------------------
\2\ See Letters from the Department to Petitioners entitled,
``Petitions for the Imposition of Antidumping and Countervailing
Duties on Imports of Certain Hardwood Plywood Products from the
People's Republic of China: Supplemental Questions,'' dated November
22, 2016 (General Issues Supplemental Questionnaire) and ``Petitions
for the Imposition of Antidumping and Countervailing Duties on
Imports of Certain Hardwood Plywood Products from the People's
Republic of China: Supplemental Questions,'' dated November 23, 2016
(CVD Supplemental Questionnaire).
\3\ See Letter from Petitioners to the Department entitled,
``Certain Hardwood Plywood Products from the People's Republic of
China: Response to the Department's November 22, 2016 Supplemental
Questions Regarding Volume I of the Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated November 29, 2016
(General Issues Supplement); see also Letter from Petitioners to the
Department entitled, ``Certain Hardwood Plywood Products from the
People's Republic of China: Response to the Department's November
23, 2016 Supplemental Questions Regarding Volume III of the Petition
for the Imposition of Countervailing Duties,'' dated November 29,
2016 (CVD Supplemental Response).
\4\ See Letter from FEA to the Department entitled, ``Hardwood
Plywood Products from the People's Republic of China: Request for
Polling,'' dated December 5, 2016 (FEA Letter).
\5\ See Letter from Ashley Furniture Industries, Inc.; Heritage
Home Group, Inc.; and Standard Furniture Manufacturing Company, Inc.
to the Department entitled, ``Hardwood Plywood Products from the
People's Republic of China: Challenge to Petition's Industry
Support,'' dated December 5, 2016 (Furniture Producers' Letter).
\6\ See Letter from Petitioners to the Department entitled,
``Certain Hardwood Plywood Products from the People's Republic of
China,'' dated December 6, 2016, (Petitioners' Revised Scope and
Response to FEA Letter).
\7\ See Letter from Petitioners to the Department entitled,
``Certain Hardwood Plywood Products from the People's Republic of
China: Petitioners' Response to Domestic Furniture Producers'
December 5, 2016 Letter,'' dated December 7, 2016 (Petitioners'
Response to Furniture Producers' Letter).
\8\ See Memo to the File, dated December 7, 2016, which contains
the GOC's industry support comments (GOC Comments).
---------------------------------------------------------------------------
The Department finds that Petitioners filed this Petition on behalf
of the domestic industry because Petitioners are interested parties as
defined in section 771(9)(C) and (F) of the Act. The Department also
finds that Petitioners demonstrated sufficient industry support with
respect to the initiation of the CVD investigation that Petitioners are
requesting.\9\
---------------------------------------------------------------------------
\9\ See the ``Determination of Industry Support for the
Petition'' section below.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on November 18, 2016, pursuant to 19
CFR 351.204(b)(2), the period of investigation is January 1, through
December 31, 2015.
Scope of the Investigation
The product covered by this investigation is hardwood plywood from
the PRC. For a full description of the scope of this investigation, see
the ``Scope of the Investigation,'' in Appendix I of this notice.
Comments on Scope of the Investigation
During our review of the Petition, we issued questions to, and
received responses from, Petitioners pertaining to the proposed scope
to ensure that the scope language in the Petition would be an accurate
reflection of the products for which the domestic industry is seeking
relief.\10\
---------------------------------------------------------------------------
\10\ See General Issues Supplemental Questionnaire; see also
General Issues Supplement at 1-5; see also Petitioners' Revised
Scope and Response to FEA Letter.
---------------------------------------------------------------------------
As discussed in the preamble to the Department's regulations,\11\
we are setting aside a period for interested parties to raise issues
regarding product coverage (scope). The Department will consider all
comments received from parties and, if necessary, will consult with
parties prior to the issuance of the preliminary determination. If
scope comments include factual information (see 19 CFR 351.102(b)(21)),
all such factual information should be limited to public information.
In order to facilitate preparation of its questionnaires, the
Department requests all interested parties to submit such comments by
5:00 p.m. Eastern Time (ET) on Wednesday, December 28, 2016. Any
rebuttal comments, which may include factual information, must be filed
by 5:00 p.m. ET on Monday, January 9, 2017.
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\11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
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The Department requests that any factual information the parties
consider relevant to the scope of the investigation be submitted during
this time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party may contact the Department and
request permission to submit the additional information. All such
comments must also be filed on the record of the concurrent AD
investigation.
Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement & Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS).\12\ An electronically
filed document must be received successfully in its entirety by the
time and date when it is due. Documents excepted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement & Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, and stamped with the date and time of receipt by
the applicable deadlines.
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\12\ See 19 CFR 351.303 (describing general filing
requirements); see also Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures; Administrative Protective
Order Procedures, 76 FR 39263 (July 6, 2011) and Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of the Department's electronic
filing requirements, which went into effect on August 5, 2011.
Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook% 20on%20Electronic%20
Filling%20Procedures.pdf.
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Consultations
Pursuant to section 702(b)(4)(A)(i) of the Act, the Department
notified representatives of the GOC of the receipt of the Petition.
Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the
Department provided representatives of the GOC the opportunity for
consultations with respect to the CVD petition.\13\ In response to the
Department's letter, the GOC requested that consultations be held on
December 16, 2016, which we note is after the initiation date.\14\
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\13\ See Letter of invitation from the Department regarding,
``Countervailing Duty Petition Certain Hardwood Plywood Products
from the People's Republic of China,'' dated December 2, 2016.
\14\ See Department Memorandum, ``Countervailing Duty Petition
on Certain Hardwood Plywood Products from the People's Republic of
China: GOC Consultations,'' dated December 7, 2016.
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition
[[Page 91133]]
does not establish support of domestic producers or workers accounting
for more than 50 percent of the total production of the domestic like
product, the Department shall: (i) Poll the industry or rely on other
information in order to determine if there is support for the petition,
as required by subparagraph (A); or (ii) determine industry support
using a statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, the Department's
determination is subject to limitations of time and information.
Although this may result in different definitions of the like product,
such differences do not render the decision of either agency contrary
to law.\16\
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\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petition).
With regard to the domestic like product, Petitioners do not offer
a definition of the domestic like product distinct from the scope of
the investigation. Based on our analysis of the information submitted
on the record, we have determined that hardwood plywood, as defined in
the scope, constitutes a single domestic like product and we have
analyzed industry support in terms of that domestic like product.\17\
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\17\ For a discussion of the domestic like product analysis in
this case, see Countervailing Duty Investigation Initiation
Checklist: Certain Hardwood Plywood Products from the People's
Republic of China (PRC CVD Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Certain Hardwood Plywood Products from the
People's Republic of China (Attachment II). This checklist is dated
concurrently with this notice and on file electronically via ACCESS.
Access to documents filed via ACCESS is also available in the
Central Records Unit, Room B8024 of the main Department of Commerce
building.
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In determining whether Petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in Appendix I of this
notice. Petitioners provided their own production of the domestic like
product in 2015. Petitioners also provided data from the Hardwood
Plywood & Veneer Association (HPVA) to determine total 2015 production
of the domestic like product by the entire domestic industry. To
establish industry support, Petitioners compared their production to
the total 2015 production of the domestic like product for the entire
domestic industry.\18\ We relied on data Petitioners provided for
purposes of measuring industry support.\19\
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\18\ See Volume I of the Petition, at 3 and Exhibits I-3 and I-
8; see also General Issues Supplement, at 6-8 and Exhibit I-Supp-3.
\19\ Id. For further discussion, see PRC CVD Initiation
Checklist, at Attachment II.
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On December 5, 2016, we received comments on industry support from
FEA, a U.S. importer of the subject merchandise, and Ashley Furniture
Industries, Inc.; Heritage Home Group, Inc.; and Standard Furniture
Manufacturing Company, Inc., domestic producers of wooden and
upholstered furniture and wooden furniture parts.\20\ Petitioners
responded to these comments on December 6, 2016.\21\
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\20\ See FEA Letter and Furniture Producers' Letter.
\21\ See Petitioners' Revised Scope and Response to FEA Letter;
see also Petitioners' Response to Furniture Producers' Letter.
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Our review of the data provided in the Petition, General Issues
Supplement, and other information readily available to the Department
indicates that Petitioners have established industry support.\22\
First, the Petition established support from domestic producers (or
workers) accounting for more than 50 percent of the total production of
the domestic like product and, as such, the Department is not required
to take further action in order to evaluate industry support (e.g.,
polling).\23\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product.\24\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\25\
Accordingly, the Department determines that the Petition was filed on
behalf of the domestic industry within the meaning of section 702(b)(1)
of the Act.
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\22\ See PRC CVD Initiation Checklist, at Attachment II.
\23\ See section 702(c)(4)(D) of the Act; see also PRC CVD
Initiation Checklist, at Attachment II.
\24\ See PRC CVD Initiation Checklist, at Attachment II.
\25\ Id.
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The Department finds that Petitioners filed the Petition on behalf
of the domestic industry because they are interested parties as defined
in section 771(9)(C) and (F) of the Act and they have demonstrated
sufficient industry support with respect to the CVD investigation that
they are requesting the Department initiate.\26\
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\26\ See PRC CVD Initiation Checklist, at Attachment II.
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Injury Test
Because the PRC is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from the PRC materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
Petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, Petitioners allege
that subject imports exceed the negligibility threshold provided for
under section 771(24)(A) of the Act.\27\
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\27\ See General Issues Supplement, at 8-9 and Exhibit I-Supp-5.
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Petitioners contend that the industry's injured condition is
illustrated by reduced market share; underselling and price suppression
or depression; lost sales and revenues; and negative impact on the
domestic industry's key indicators, including financial performance,
production, shipments,
[[Page 91134]]
and capacity utilization.\28\ We have assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, and causation, and we have determined that these allegations
are properly supported by adequate evidence and meet the statutory
requirements for initiation.\29\
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\28\ See Volume I of the Petition, at 14-40 and Exhibits I-6
through I-17; see also General Issues Supplement, at 1, 8-11 and
Exhibits I-Supp-2, I-Supp-5, and I-Supp-6.
\29\ See PRC CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Hardwood Plywood Products from the People's
Republic of China.
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Initiation of Countervailing Duty Investigation
Section 702(b)(1) of the Act requires the Department to initiate a
CVD investigation whenever an interested party files a CVD petition on
behalf of an industry that: (1) Alleges elements necessary for an
imposition of a duty under section 701(a) of the Act; and (2) is
accompanied by information reasonably available to Petitioners
supporting the allegations.
Petitioners allege that producers/exporters of hardwood plywood in
the PRC benefit from countervailable subsidies bestowed by the GOC. The
Department examined the Petition and finds that it complies with the
requirements of section 702(b)(1) of the Act. Therefore, in accordance
with section 702(b)(1) of the Act, we are initiating a CVD
investigation to determine whether manufacturers, producers, or
exporters of hardwood plywood from the PRC receive countervailable
subsidies from the GOC and various authorities thereof.
On June 29, 2015, the President of the United States signed into
law the Trade Preferences Extension Act of 2015, which made numerous
amendments to the AD and CVD law.\30\ The 2015 law does not specify
dates of application for those amendments. On August 6, 2015, the
Department published an interpretative rule, in which it announced the
applicability dates for each amendment to the Act, except for
amendments contained in section 771(7) of the Act, which relate to
determinations of material injury by the ITC.\31\ The amendments to
sections 776 and 782 of the Act are applicable to all determinations
made on or after August 6, 2015, and, therefore, apply to this CVD
investigation.\32\
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\30\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
\31\ See Dates of Application of Amendments to the Antidumping
and Countervailing Duty Laws Made by the Trade Preferences Extension
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice).
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
\32\ Id., at 46794-95.
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Based on our review of the petition, we find that there is
sufficient information to initiate a CVD investigation on 31 of the 33
alleged programs in the PRC. For a full discussion of the basis for our
decision to initiate on each program, see the PRC CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
Respondent Selection
The Department normally selects respondents in a CVD investigation
using CBP entry data. However, for this investigation, the HTSUS
numbers the subject merchandise would enter under are basket categories
containing many products unrelated to hardwood plywood, and the
reported entry data contain differing units of quantity. Therefore, we
cannot rely on CBP entry data in selecting respondents. Instead, for
this investigation, the Department will request quantity and value
(Q&V) information from known exporters and producers identified, with
complete contact information, in the Petition. In addition, the
Department will post the Q&V questionnaire along with filing
instructions on the Enforcement and Compliance Web site at https://www.trade.gov/enforcement/news.asp.
Producers/exporters of hardwood plywood from the PRC that do not
receive Q&V questionnaires by mail may still submit a response to the
Q&V questionnaire and can obtain a copy from the Enforcement &
Compliance Web site. The Q&V response must be submitted by the relevant
PRC exporters/producers no later than December 22, 2016. All Q&V
responses must be filed electronically via ACCESS.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. Because of the particularly large
number of producers/exporters identified in the Petition, the
Department considers the service of the public version of the Petition
to the foreign producers/exporters satisfied by delivery of the public
version to the government of the PRC, consistent with 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of hardwood plywood from the PRC are materially
injuring, or threatening material injury to, a U.S. industry.\33\ A
negative ITC determination will result in the investigation being
terminated; \34\ otherwise, this investigation will proceed according
to statutory and regulatory time limits.
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\33\ See section 703(a)(2) of the Act.
\34\ See section 703(a)(1) of the Act.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by the Department; and (v) evidence other than
factual information described in (i)-(iv). The regulation requires any
party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct. Time limits for the
submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Parties should review the regulations
prior to submitting factual information in this investigation.
Extension of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301 expires. For submissions
that are due from multiple parties simultaneously,
[[Page 91135]]
an extension request will be considered untimely if it is filed after
10:00 a.m. on the due date. Under certain circumstances, we may elect
to specify a different time limit by which extension requests will be
considered untimely for submissions which are due from multiple parties
simultaneously. In such a case, we will inform parties in the letter or
memorandum setting forth the deadline (including a specified time) by
which extension requests must be filed to be considered timely. An
extension request must be made in a separate, stand-alone submission;
under limited circumstances we will grant untimely-filed requests for
the extension of time limits. Review Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to
submitting factual information in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\35\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives. Investigations initiated on the basis of petitions
filed on or after August 16, 2013, and other segments of any AD or CVD
proceedings initiated on or after August 16, 2013, should use the
formats for the revised certifications provided at the end of the Final
Rule.\36\ The Department intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
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\35\ See section 782(b) of the Act.
\36\ See Certification of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, the
Department published Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate in this investigation should
ensure that they meet the requirements of these procedures (e.g., the
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act.
Dated: December 8, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I--Scope of the Investigation
The merchandise subject to this investigation is hardwood and
decorative plywood, and certain veneered panels as described below.
For purposes of this proceeding, hardwood and decorative plywood is
defined as a generally flat, multilayered plywood or other veneered
panel, consisting of two or more layers or plies of wood veneers and
a core, with the face and/or back veneer made of non-coniferous wood
(hardwood) or bamboo. The veneers, along with the core may be glued
or otherwise bonded together. Hardwood and decorative plywood may
include products that meet the American National Standard for
Hardwood and Decorative Plywood, ANSI/HPVA HP-1-2016 (including any
revisions to that standard).
For purposes of this investigation a ``veneer'' is a slice of
wood regardless of thickness which is cut, sliced or sawed from a
log, bolt, or flitch. The face and back veneers are the outermost
veneer of wood on either side of the core irrespective of additional
surface coatings or covers as described below.
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 hardwood, softwood,
particleboard, or medium-density fiberboard (``MDF'').
All hardwood plywood is included within the scope of this
investigation regardless of whether or not the face and/or back
veneers are surface coated or covered and whether or not such
surface coating(s) or covers obscures the grain, textures, or
markings of the wood. Examples of surface coatings and covers
include, but are not limited to: Ultra-violet light cured
polyurethanes; oil or oil-modified or water based polyurethanes;
wax; epoxy-ester finishes; moisture-cured urethanes; paints; stains;
paper; aluminum; high pressure laminate; MDF; medium density overlay
(``MDO''); and phenolic film. Additionally, the face veneer of
hardwood plywood may be sanded; smoothed or given a ``distressed''
appearance through such methods as hand-scraping or wire brushing.
All hardwood plywood is included within the scope even if it is
trimmed; cut-to-size; notched; punched; drilled; or has underwent
other forms of minor processing.
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).
Subject merchandise also includes hardwood and decorative
plywood that has been further processed in a third country,
including but not limited to trimming, cutting, notching, punching,
drilling, or any other processing that would not otherwise remove
the merchandise from the scope of the investigation if performed in
the country of manufacture of the in-scope product.
The scope of the investigation excludes the following items: (1)
Structural plywood (also known as ``industrial plywood'' or
``industrial panels'') that is manufactured 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),
and which has both a face and a back veneer of coniferous wood; (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. See Multilayered Wood Flooring from the
People's Republic of China, 76 FR 76,690 (Dec. 8, 2011) (amended
final determination of sales at less than fair value and antidumping
duty order), and Multilayered Wood Flooring from the People's
Republic of China, 76 FR 76.693 (Dec. 8, 2011) (countervailing duty
order), as amended by Multilayered Wood Flooring from the People's
Republic of China: Amended Antidumping and Countervailing Duty
Orders, 77 FR 5,484 (Feb. 3, 2012); (4) multilayered wood flooring
with a face veneer of bamboo or composed entirely of bamboo; (5)
plywood which has a shape or design other than a flat panel, with
the exception of any minor processing described above; and (6)
products made entirely from bamboo and adhesives (also known as
``solid bamboo'').
Imports of hardwood plywood are primarily entered under the
following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 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; 4412.31.4075; 4412.31.4080; 4412.31.5125;
4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.5175;
4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540;
4412.32.0565; 4412.32.0570; 4412.32.2510; 4412.32.2525;
4412.32.2530; 4412.32.3125; 4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.5600;
4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111;
4412.94.3121; 4412.94.3131; 4412.94.3141; 4412.94.3160;
4412.94.3161; 4412.94.3171; 4412.94.3175; 4412.94.4100;
4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040;
4412.99.3110; 4412.99.3120; 4412.99.3130;9 4412.99.3140;
4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100;
4412.99.5115; and 4412.99.5710.
Imports of hardwood plywood may also enter under HTSUS
subheadings 4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012;
4412.39.4019; 4412.39.4031;
[[Page 91136]]
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; 4412.99.6000;
4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.10.9000;
4412.94.5100; 4412.94.9500; and 4412.99.9500. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this investigation is
dispositive.
[FR Doc. 2016-30304 Filed 12-15-16; 8:45 am]
BILLING CODE 3510-DS-P