Countervailing Duty Investigation of Certain Hardwood Plywood Products From the People's Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part, 53473-53477 [2017-24864]

Download as PDF Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices (CAS) numbers, generally depending upon the feedstock used: 67784–80–9 (soybean oil methyl esters); 91051–34–2 (palm oil methyl esters); 91051–32–0 (palm kernel oil methyl esters); 73891–99–3 (rapeseed oil methyl esters); 61788–61–2 (tallow methyl esters); 68990–52–3 (vegetable oil methyl esters); 129828–16–6 (canola oil methyl esters); 67762–26–9 (unsaturated alkylcarboxylic acid methyl ester); or 68937–84–8 (fatty acids, C12–C18, methyl ester). The B100 product subject to the investigation is currently classifiable under subheading 3826.00.1000 of the Harmonized Tariff Schedule of the United States (HTSUS), while the B99 product is currently classifiable under HTSUS subheading 3826.00.3000. Although the HTSUS subheadings, ASTM specifications, and CAS numbers are provided for convenience and customs purposes, the written description of the scope is dispositive. [FR Doc. 2017–24858 Filed 11–15–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–052] Countervailing Duty Investigation of Certain Hardwood Plywood Products From the People’s Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that countervailable subsidies are being provided to producers and exporters of certain hardwood plywood products (hardwood plywood) from the People’s Republic of China (PRC). The period of investigation is January 1, 2015, through December 31, 2015. For information on the estimated subsidy rates, see the ‘‘Suspension of Liquidation’’ section of this notice. DATES: Applicable November 16, 2017. FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Justin Neuman, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202.482.2312 or 202.482.0486, respectively. asabaliauskas on DSKBBXCHB2PROD with NOTICES AGENCY: SUPPLEMENTARY INFORMATION: Background The petitioner in this investigation is the Coalition for Fair Trade in Hardwood Plywood and its individual members, Columbia Forest Products, VerDate Sep<11>2014 16:52 Nov 15, 2017 Jkt 244001 Commonwealth Plywood Inc., Murphy Plywood, Roseburg Forest Products Co., States Industries, Inc., and Timber Products Company (the petitioners). In addition to the Government of China (GOC), the mandatory respondents in this investigation are Linyi Sanfortune Wood Co., Ltd. (Sanfortune) and Dongfang Bayley Wood Co., Ltd. (Bayley Wood). The Department has determined that Bayley Wood is cross-owned with Linyi Yinhe Panel Factory, a producer of subject merchandise, and will refer to them collectively as ‘‘Bayley Wood.’’ The Department published its Preliminary Determination on April 25, 2017.1 On October 24, 2017, the Department issued a Post-Preliminary Analysis.2 A complete summary of the events that occurred since the Preliminary Determination, as well as a full discussion of the issues raised by the parties for this final determination, may be found in the Issues and Decision Memorandum accompanying the Final Affirmative Determination,3 which is dated concurrently with, and hereby adopted by, this notice. The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). Access to ACCESS is available to registered users at https:// access.trade.gov and to all parties in the Central Records Unit, Room B8024 of the Department’s main building. In addition, a complete version of the Issues and Decision Memorandum can be viewed at http:// enforcement.trade.gov/frn. The signed Issues and Decision Memorandum and the electronic version are identical in content. Methodology The Department is conducting this countervailing duty (CVD) investigation in accordance with section 701 of the Tariff Act of 1930, as amended (Act). For each of the subsidy programs found 1 See Certain Hardwood Plywood Products from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination with Final Antidumping Duty Determination, 82 FR 19022 (April 25, 2017) (Preliminary Determination). 2 See Department Memorandum, ‘‘Certain Hardwood Plywood Products from the People’s Republic of China: Post-Preliminary Analysis,’’ dated October 24, 2017 (Post-Preliminary Analysis). 3 See Department Memorandum, ‘‘Countervailing Duty Investigation of Certain Hardwood Plywood Products from the People’s Republic of China: Issues and Decision Memorandum for the Final Affirmative Determination,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decisions Memorandum). PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 53473 to be countervailable, we determine that there is a subsidy (i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient) and that the subsidy is specific. For a full description of the methodology underlying our final determination, see the Issues and Decisions Memorandum. Scope of the Investigation The product covered by this investigation is hardwood plywood from the PRC. For a complete description of the scope of this investigation, see Appendix II. Analysis of Subsidy Programs and Comments Received All issues raised in the comments filed by interested parties to this proceeding are discussed in the Issues and Decision Memorandum. A list of the issues raised by interested parties and responded to by the Department in the Issues and Decisions Memorandum are attached at Appendix I to this notice. Use of Adverse Facts Available For purposes of this final determination, we relied on facts available, and because certain respondents did not act to the best of their ability in responding to the Department’s requests for information, we drew an adverse inference, where appropriate, in selecting from among the facts otherwise available.4 A full discussion of our decision to rely on adverse facts available is presented in the ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section of the Issues and Decisions Memorandum. Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, and minor corrections accepted at verification, we made certain changes to the respondents’ subsidy rate calculations since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum. Final Affirmative Determination of Critical Circumstances, in Part In the Preliminary Determination, the Department found that critical circumstances exist with respect to imports of hardwood plywood from the PRC for Bayley Wood and all other exporters or producers not individually examined (including those that did not respond to our quantity and value 4 See E:\FR\FM\16NON1.SGM sections 776(a) and (b) of the Act. 16NON1 53474 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices (Q&V) questionnaire).5 Upon further analysis of the data and comments submitted by interested parties following the Preliminary Determination, we are modifying our findings for this final determination. Specifically, in accordance with section 705(a)(2) of the Act, we find that critical circumstances exist with respect to imports from Bayley Wood and the companies that did not respond to the Q&V questionnaire, but do not exist for Sanfortune and ‘‘all other’’ producers or exporters.6 Final Determination In accordance with section 705(c)(1)(B)(i)(I) of the Act, we calculated an estimated individual countervailable subsidy rate for each producer/exporter of the subject merchandise individually investigated. In accordance with section 705(c)(5)(A) of the Act, for companies not individually investigated, we applied an ‘‘all-others’’ rate, which is normally calculated by weighting the subsidy rates of the individual companies selected as mandatory respondents by those companies’ exports of the subject merchandise to the United States. Under section 705(c)(5)(A)(i) of the Act, the all-others rate excludes zero and de minimis rates calculated for the exporters and producers individually investigated, as well as rates based entirely on facts otherwise available. In this investigation, the only non-de minimis rate, or rate not based entirely on facts otherwise available, is the rate calculated for Sanfortune. Consequently, the rate calculated for Sanfortune is assigned as the ‘‘allothers’’ rate. Subsidy rate (percent) asabaliauskas on DSKBBXCHB2PROD with NOTICES Company Shandong Dongfang Bayley Wood Co., Ltd 7 ............................................................................................................................... Linyi Sanfortune Wood Co., Ltd .................................................................................................................................................... All-Others ....................................................................................................................................................................................... Anji Qichen Bamboo Industry Co. Ltd 8 ......................................................................................................................................... Deqing Shengqiang Wood Co., Ltd ............................................................................................................................................... Guangxi Sunway Cen.Xi Artificial Board Ltd ................................................................................................................................. Guangxi Sunway Forest Products Industry Co., Ltd ..................................................................................................................... Hebei Tongli Wood Co., Ltd .......................................................................................................................................................... Heze Fulin Wood Products Co., Ltd .............................................................................................................................................. Jiashan Minghong Wood Industry Co., Ltd ................................................................................................................................... Jiaxing Brilliant Import & Export Co., Ltd ...................................................................................................................................... Keens Products ............................................................................................................................................................................. King Sheng .................................................................................................................................................................................... Kunming Alston Ast Wood Products Co., Ltd ............................................................................................................................... Langfang Baomujie Wood Co., Ltd ............................................................................................................................................... Larkcop International Co., Ltd ....................................................................................................................................................... Linyi Cathay Pacific Wood Factory ............................................................................................................................................... Linyi Celtic Wood Co., Ltd ............................................................................................................................................................. Linyi Dongri Plywood Co., Ltd ....................................................................................................................................................... Linyi Hongma ................................................................................................................................................................................. Linyi Jinhua Wood Co., Ltd ........................................................................................................................................................... Linyi Kai Yi Arts and Crafts Co., Ltd ............................................................................................................................................. Linyi Laiyi Timber Industry Co., Ltd ............................................................................................................................................... Linyi Lianyi Wood Co., Ltd ............................................................................................................................................................ Linyi Raya Commerce ................................................................................................................................................................... Linyi Yutai Wood Co., Ltd .............................................................................................................................................................. Lishui Liancheng Pencil Manufacturing Co., Ltd ........................................................................................................................... Mol Consolidation Service ............................................................................................................................................................. Ningbo Asia Pulp and Paper ......................................................................................................................................................... Ningbo Zhonghua Paper ............................................................................................................................................................... Qiangsheng Wood Co., Ltd ........................................................................................................................................................... Qingdao Liansheng International Trading ..................................................................................................................................... Qufu Shengda Wood Co., Ltd ....................................................................................................................................................... Shandong Fengtai Wood Co., Ltd ................................................................................................................................................. Shandong Hongyang Fire Resistant ............................................................................................................................................. Shandong Xingang Group ............................................................................................................................................................. Shanghai Sunshine Decorative Materials Co., Ltd ....................................................................................................................... Shenghe Wood Company Ltd ....................................................................................................................................................... Shouguang Evergreen Im & Ex Co. Ltd 9 ..................................................................................................................................... Shouguang Taizhong Wood Co., Ltd ............................................................................................................................................ Siyang Jiayuan Woodindustry Co., Ltd ......................................................................................................................................... Siyang Senda Wood Industry Co., Ltd .......................................................................................................................................... Suqian Bairun Wood Industry Co., Ltd .......................................................................................................................................... Suqian Foreign Trade Co., Ltd ...................................................................................................................................................... Suqian Sulu Wood Industry Co., Ltd 10 ......................................................................................................................................... Suzbou Dong He Wood Co., Ltd ................................................................................................................................................... Tianjin Canex ................................................................................................................................................................................. Tianjin Zhanye Metal Products Co., Ltd ........................................................................................................................................ Xuzhou Fuyuan Wood Co., Ltd ..................................................................................................................................................... Xuzhou Hongwei Wood Co., Ltd ................................................................................................................................................... Xuzhou Ruilin Timber Co., Ltd ...................................................................................................................................................... Xuzhou Shenghe Wood Products ................................................................................................................................................. Xuzhou Woodhi Trading Co. Ltd ................................................................................................................................................... 5 See Preliminary Determination at 19023. VerDate Sep<11>2014 16:52 Nov 15, 2017 Jkt 244001 6 See PO 00000 the Issues and Decision Memorandum. Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1 194.90 22.98 22.98 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices Subsidy rate (percent) Company Xuzhou Yishun Brightwood Co. Ltd .............................................................................................................................................. Xuzhou Zhongda Building Materials Co., Ltd ................................................................................................................................ Xuzhou Zhongyuan Wood Co., Ltd ............................................................................................................................................... Yixing Lion-King Timber Industry Co., Ltd .................................................................................................................................... Zhejiang Deqing Shengqiang Wood Co., Ltd ................................................................................................................................ Zhejiang Fuerjia Wooden Company .............................................................................................................................................. Zhejiang Jufeng Wood Co., Ltd ..................................................................................................................................................... Zhejiang Xinyuan Bamboo Products Co., Ltd ............................................................................................................................... Zhejiang Yongyu Bamboo Joint-Stock Co., Ltd ............................................................................................................................ Disclosure We intend to disclose to parties in this proceeding the calculations performed for this final determination within five days of the date of public announcement of our final determination, in accordance with 19 CFR 351.224(b). Suspension of Liquidation 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 hardwood plywood from the PRC, that were entered, or withdrawn from warehouse, for consumption on or after April 25, 2017, the date of the publication of the Preliminary Determination in the Federal Register (except for those companies for which we made a preliminary affirmative determination of critical circumstances, as explained below). In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after August 23, 2017, but to continue the suspension of liquidation of all entries from April 25, 2017, through August 22, 2017. The Department continues to find that critical circumstances exist for those companies receiving AFA (i.e., Bayley Wood and those companies that did not respond to our quantity and value questionnaire),11 and therefore we will asabaliauskas on DSKBBXCHB2PROD with NOTICES 7 As discussed in the Preliminary Determination, the Department has found that Bayley Wood is cross-owned with Linyi Yinhe Panel Factory (Yinhe Panel), a producer of subject merchandise. The Department also applied total adverse facts available (AFA) to Bayley Wood and Yinhe Panel. 8 This company and those listed below are receiving the AFA rate because they did not respond to our quantity and value questionnaire. 9 This company was listed as having the following two ‘‘aka’’ names: Shouguang Evergreen Co., Ltd. and Weifang Evergreen Wood Co., Ltd. 10 This company was listed as having the following ‘‘aka’’ name: Suqian Sulu Import and Export Trading. 11 See footnote 8 above. VerDate Sep<11>2014 16:52 Nov 15, 2017 Jkt 244001 instruct CBP to continue to suspend liquidation of all entries of subject merchandise from the PRC-wide entity entered, or withdrawn from warehouse, for consumption on or after January 25, 2017, which is 90 days prior to the date of publication of the Preliminary Determination. CBP shall continue to require a cash deposit equal to the rates shown above. These instructions suspending liquidation will remain in effect until further notice. In accordance with the preliminary affirmative determination of critical circumstances, we instructed CBP to suspend liquidation of all entries of the subject merchandise from ‘‘all other’’ producers and exporters, which were entered or withdrawn from warehouse, on or after January 25, 2017, which is 90 days prior to April 25, 2017, the date of publication of the Preliminary Determination. Because we do not find critical circumstances for the ‘‘all-other’’ producers and exporters in this final determination, we will instruct CBP to terminate suspension of liquidation, and release any cash deposits or bonds, on imports during the 90-day period prior to the date of publication of the Preliminary Determination. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order and reinstate the suspension of liquidation under section 706(a) of the Act, requiring a cash deposit of estimated CVDs for such entries of subject 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. International Trade Commission Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary PO 00000 Frm 00026 Fmt 4703 53475 Sfmt 4703 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 194.90 information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Return or Destruction of Proprietary Information In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the 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, alternatively, 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 published pursuant to sections 705(d) and 777(i) of the Act. Dated: November 6, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of The Investigation IV. Scope Comments V. Subsidies Valuation VI. Benchmarks and Discount Rates VII. Final Determination of Critical Circumstances VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Analysis of Programs X. Analysis of Comments Comment 1: The Department’s Continued Use of AFA for Bayley Wood E:\FR\FM\16NON1.SGM 16NON1 53476 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices Comment 2: Selection of Electricity AFA Benchmark Comment 3: Whether Sanfortune Was Uncreditworthy and Whether Certain of Its Loans Should Be Treated as LongTerm Loans Comment 4: Whether Two Grants Received by Sanfortune Should Be Consolidated Comment 5: Treatment of Sanfortune’s Outstanding Time Drafts Comment 6: Electricity for LTAR Benefit Attribution for Sanfortune Comment 7: Land for LTAR Benefit Attribution for Sanfortune Comment 8: Whether Certain of Sanfortune’s Loans Are Export Loans Comment 9: Correction of Mistranslations in the GOC’s Explanation of Transformer Capacities Comment 10: Whether Loans to the Hardwood Plywood Industry Are Countervailable Comment 11: Whether the Department Should Apply AFA and Find the Provision of Electricity To Be Provided for LTAR Comment 12: Whether the Department Should Apply AFA to Find That Land Was Provided to Sanfortune for LTAR Comment 13: Whether the Department Should Apply AFA for the Specificity for Four of Sanfortune’s Reported Grants Comment 14: Whether JOC Yuantai Should Receive the All Others Rate, Rather Than the AFA Rate Comment 15: Critical Circumstances Comment 16: All-Others Rate Calculation Comment 17: Presentation of Sanfortune’s Drawer Slides at Verification Comment 18: Whether the Department Properly Initiated on the Petitioners’ New Subsidy Allegations Comment 19: Whether the Provision of Urea for LTAR Is Countervailable Comment 20: Whether the GOC Provided Formaldehyde to Sanfortune Comment 21: Whether the COG’s Provision of Timber, UF Resin, and Cut Timber for LTAR Is Specific Comment 22: Whether the Department Should Correct the Ocean Freight Data Used in Calculating the Urea and Formaldehyde Benchmarks Comment 23: Whether Veneers Are Included as Part of the Program for the Provision of Cut Timber for LTAR Comment 24: Export-Buyers’ Program XI. Recommendation asabaliauskas on DSKBBXCHB2PROD with NOTICES Appendix II 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 VerDate Sep<11>2014 16:52 Nov 15, 2017 Jkt 244001 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 (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 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 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 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; (6) products made entirely from bamboo and adhesives (also known as ‘‘solid bamboo’’); and (7) Phenolic Film Faced Plyform (PFF), also known as Phenolic Surface Film Plywood (PSF), defined as a panel with an ‘‘Exterior’’ or ‘‘Exposure 1’’ bond classification as is defined by The Engineered Wood Association, having an opaque phenolic film layer with a weight equal to or greater than 90g/m3 permanently bonded on both the face and back veneers and an opaque, moisture resistant coating applied to the edges. Excluded from the scope of this investigation are wooden furniture goods that, at the time of importation, are fully assembled and are ready for their intended uses. Also excluded from the scope of this investigation is ‘‘ready to assemble’’ (RTA) furniture. RTA furniture is defined as (A) furniture packaged for sale for ultimate purchase by an end-user that, at the time of importation, includes (1) all wooden components (in finished form) required to assemble a finished unit of furniture, (2) all accessory parts (e.g., screws, washers, dowels, nails, handles, knobs, adhesive glues) required to assemble a finished unit of furniture, and (3) instructions providing guidance on the assembly of a finished unit of furniture; (B) unassembled bathroom vanity cabinets, having a space for one or more sinks, that are imported with all unassembled hardwood and hardwood plywood components that have been cut-tofinal dimensional component shape/size, painted or stained prior to importation, and stacked within a singled shipping package, except for furniture feet which may be packed and shipped separately; or (C) unassembled bathroom vanity linen closets that are imported with all unassembled hardwood and hardwood plywood components that have been cut-to-final dimensional shape/size, painted or stained prior to importation, and stacked within a single shipping package, except for furniture feet which may be packed and shipped separately. Excluded from the scope of this investigation are kitchen cabinets that, at the time of importation, are fully assembled and are ready for their intended uses. Also excluded from the scope of this investigation are RTA kitchen cabinets. RTA kitchen cabinets are defined as kitchen cabinets packaged for sale for ultimate purchase by an E:\FR\FM\16NON1.SGM 16NON1 asabaliauskas on DSKBBXCHB2PROD with NOTICES Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices end-user that, at the time of importation, includes (1) all wooden components (in finished form) required to assemble a finished unit of cabinetry, (2) all accessory parts (e.g., screws, washers, dowels, nails, handles, knobs, hooks, adhesive glues) required to assemble a finished unit of cabinetry, and (3) instructions providing guidance on the assembly of a finished unit of cabinetry. Excluded from the scope of this investigation are finished table tops, which are table tops imported in finished form with pre-cut or drilled openings to attach the underframe or legs. The table tops are ready for use at the time of import and require no further finishing or processing. Excluded from the scope of this investigation are finished countertops that are imported in finished form and require no further finishing or manufacturing. Excluded from the scope of this investigation are laminated veneer lumber door and window components with (1) a maximum width of 44 millimeters, a thickness from 30 millimeters to 72 millimeters, and a length of less than 2413 millimeters (2) water boiling point exterior adhesive, (3) a modulus of elasticity of 1,500,000 pounds per square inch or higher, (4) finger-jointed or lap-jointed core veneer with all layers oriented so that the grain is running parallel or with no more than 3 dispersed layers of veneer oriented with the grain running perpendicular to the other layers; and (5) top layer machined with a curved edge and one or more profile channels throughout. 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; 4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510; 4412.31.2520; 4412.31.2610; 4412.31.2620; 4412.31.4040; 4412.31.4050; 4412.31.4060; 4412.31.4075; 4412.31.4080; 4412.31.4140; 4412.31.4150; 4412.31.4160; 4412.31.4180; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.5175; 4412.31.5235; 4412.31.5255; 4412.31.5265; 4412.31.5275; 4412.31.6000; 4412.31.6100; 4412.31.9100; 4412.31.9200; 4412.32.0520; 4412.32.0540; 4412.32.0565; 4412.32.0570; 4412.32.0620; 4412.32.0640; 4412.32.0670; 4412.32.2510; 4412.32.2525; 4412.32.2530; 4412.32.2610; 4412.32.2630; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.3235; 4412.32.3255; 4412.32.3265; 4412.32.3275; 4412.32.3285; 4412.32.5600; 4412.32.3235; 4412.32.3255; 4412.32.3265; 4412.32.3275; 4412.32.3285; 4412.32.5700; 4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3141; 4412.94.3161; 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 4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.10.9000; 4412.94.5100; 4412.94.9500; and 4412.99.9500. While the VerDate Sep<11>2014 16:52 Nov 15, 2017 Jkt 244001 HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. [FR Doc. 2017–24864 Filed 11–15–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration 53477 registered users at http:// access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Final Decision Memorandum can be accessed directly at http://enforcement.trade.gov. The signed and electronic versions of the Final Decision Memorandum are identical in content. [C–357–821] Period of Investigation Biodiesel From the Republic of Argentina: Final Affirmative Countervailing Duty Determination The period of investigation for which we are measuring subsidies is January 1, 2016, through December 31, 2016. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that countervailable subsidies are being provided to producers and exporters of biodiesel from the Republic of Argentina. The period of investigation is January 1, 2016, through December 31, 2016. DATES: Applicable November 16, 2017. FOR FURTHER INFORMATION CONTACT: Kathryn Wallace or Elfi Blum, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6251, or (202) 482–0197, respectively. Scope of the Investigation AGENCY: SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Determination on August 28, 2017.1 A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the accompanying Final Decision Memorandum.2 The Final Decision Memorandum is a public document, and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to 1 See Biodiesel from Argentina: Preliminary Affirmative Countervailing Duty Determination and Preliminary Affirmative Critical Circumstances Determination, in Part, 82 FR 40748 (Preliminary Determination) and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the final Determination in the Countervailing Duty Investigation of Biodiesel from the Republic of Argentina,’’ dated concurrently with this determination and hereby adopted by this notice (Final Decision Memorandum). PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 The scope of the investigation covers biodiesel from the Republic of Argentina. The Department did not receive any scope comments and has not updated the scope of the investigation since the Preliminary Determination. For a complete description of the scope of this investigation, see Appendix II to this notice. Final Negative Determination of Critical Circumstances In the Preliminary Determination, the Department determined that critical circumstances exist with respect to LDC Argentina S.A. (LDC Argentina) and Vicentin S.A.I.C. (Vicentin), but do not exist with respect to imports from all other producers or exporters of biodiesel from Argentina.3 As discussed in the Final Decision Memorandum, in accordance with section 705(a)(2) of the Tariff Act of 1930, as amended (the Act), the Department no longer finds critical circumstances with respect to imports from LDC Argentina and Vicentin. In addition, the Department continues to find that critical circumstances do not exist with respect to imports from all other producers or exporters of biodiesel from Argentina. Therefore, in accordance with section 705(a)(2) of the Act, the Department determines that critical circumstances do not exist with respect to LDC Argentina, Vicentin, and all other producers or exporters of subject merchandise. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs submitted by the interested parties in this proceeding, are discussed in the Final Decision Memorandum. A list of the issues raised by the parties and addressed by the 3 See Preliminary Determination at 82 FR 40749 and PDM at 5–8. E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53473-53477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24864]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-052]


Countervailing Duty Investigation of Certain Hardwood Plywood 
Products From the People's Republic of China: Final Affirmative 
Determination, and Final Affirmative Critical Circumstances 
Determination, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain hardwood plywood products (hardwood plywood) from the 
People's Republic of China (PRC). The period of investigation is 
January 1, 2015, through December 31, 2015. For information on the 
estimated subsidy rates, see the ``Suspension of Liquidation'' section 
of this notice.

DATES: Applicable November 16, 2017.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Justin Neuman, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone 202.482.2312 or 
202.482.0486, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The petitioner in this investigation is the Coalition for Fair 
Trade in Hardwood Plywood and its individual members, Columbia Forest 
Products, Commonwealth Plywood Inc., Murphy Plywood, Roseburg Forest 
Products Co., States Industries, Inc., and Timber Products Company (the 
petitioners). In addition to the Government of China (GOC), the 
mandatory respondents in this investigation are Linyi Sanfortune Wood 
Co., Ltd. (Sanfortune) and Dongfang Bayley Wood Co., Ltd. (Bayley 
Wood). The Department has determined that Bayley Wood is cross-owned 
with Linyi Yinhe Panel Factory, a producer of subject merchandise, and 
will refer to them collectively as ``Bayley Wood.''
    The Department published its Preliminary Determination on April 25, 
2017.\1\ On October 24, 2017, the Department issued a Post-Preliminary 
Analysis.\2\ A complete summary of the events that occurred since the 
Preliminary Determination, as well as a full discussion of the issues 
raised by the parties for this final determination, may be found in the 
Issues and Decision Memorandum accompanying the Final Affirmative 
Determination,\3\ which is dated concurrently with, and hereby adopted 
by, this notice. The Issues and Decision Memorandum is a public 
document and is available electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). Access to ACCESS is available to registered 
users at https://access.trade.gov and to all parties in the Central 
Records Unit, Room B8024 of the Department's main building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be viewed at http://enforcement.trade.gov/frn. The signed Issues and 
Decision Memorandum and the electronic version are identical in 
content.
---------------------------------------------------------------------------

    \1\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Preliminary Affirmative Countervailing Duty 
Determination, Preliminary Affirmative Critical Circumstances 
Determination, in Part, and Alignment of Final Determination with 
Final Antidumping Duty Determination, 82 FR 19022 (April 25, 2017) 
(Preliminary Determination).
    \2\ See Department Memorandum, ``Certain Hardwood Plywood 
Products from the People's Republic of China: Post-Preliminary 
Analysis,'' dated October 24, 2017 (Post-Preliminary Analysis).
    \3\ See Department Memorandum, ``Countervailing Duty 
Investigation of Certain Hardwood Plywood Products from the People's 
Republic of China: Issues and Decision Memorandum for the Final 
Affirmative Determination,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decisions Memorandum).
---------------------------------------------------------------------------

Methodology

    The Department is conducting this countervailing duty (CVD) 
investigation in accordance with section 701 of the Tariff Act of 1930, 
as amended (Act). For each of the subsidy programs found to be 
countervailable, we determine that there is a subsidy (i.e., a 
financial contribution by an ``authority'' that gives rise to a benefit 
to the recipient) and that the subsidy is specific. For a full 
description of the methodology underlying our final determination, see 
the Issues and Decisions Memorandum.

Scope of the Investigation

    The product covered by this investigation is hardwood plywood from 
the PRC. For a complete description of the scope of this investigation, 
see Appendix II.

Analysis of Subsidy Programs and Comments Received

    All issues raised in the comments filed by interested parties to 
this proceeding are discussed in the Issues and Decision Memorandum. A 
list of the issues raised by interested parties and responded to by the 
Department in the Issues and Decisions Memorandum are attached at 
Appendix I to this notice.

Use of Adverse Facts Available

    For purposes of this final determination, we relied on facts 
available, and because certain respondents did not act to the best of 
their ability in responding to the Department's requests for 
information, we drew an adverse inference, where appropriate, in 
selecting from among the facts otherwise available.\4\ A full 
discussion of our decision to rely on adverse facts available is 
presented in the ``Use of Facts Otherwise Available and Adverse 
Inferences'' section of the Issues and Decisions Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, and minor corrections accepted at verification, we made 
certain changes to the respondents' subsidy rate calculations since the 
Preliminary Determination. For a discussion of these changes, see the 
Issues and Decision Memorandum.

Final Affirmative Determination of Critical Circumstances, in Part

    In the Preliminary Determination, the Department found that 
critical circumstances exist with respect to imports of hardwood 
plywood from the PRC for Bayley Wood and all other exporters or 
producers not individually examined (including those that did not 
respond to our quantity and value

[[Page 53474]]

(Q&V) questionnaire).\5\ Upon further analysis of the data and comments 
submitted by interested parties following the Preliminary 
Determination, we are modifying our findings for this final 
determination. Specifically, in accordance with section 705(a)(2) of 
the Act, we find that critical circumstances exist with respect to 
imports from Bayley Wood and the companies that did not respond to the 
Q&V questionnaire, but do not exist for Sanfortune and ``all other'' 
producers or exporters.\6\
---------------------------------------------------------------------------

    \5\ See Preliminary Determination at 19023.
    \6\ See the Issues and Decision Memorandum.
---------------------------------------------------------------------------

Final Determination

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we 
calculated an estimated individual countervailable subsidy rate for 
each producer/exporter of the subject merchandise individually 
investigated.
    In accordance with section 705(c)(5)(A) of the Act, for companies 
not individually investigated, we applied an ``all-others'' rate, which 
is normally calculated by weighting the subsidy rates of the individual 
companies selected as mandatory respondents by those companies' exports 
of the subject merchandise to the United States. Under section 
705(c)(5)(A)(i) of the Act, the all-others rate excludes zero and de 
minimis rates calculated for the exporters and producers individually 
investigated, as well as rates based entirely on facts otherwise 
available. In this investigation, the only non-de minimis rate, or rate 
not based entirely on facts otherwise available, is the rate calculated 
for Sanfortune. Consequently, the rate calculated for Sanfortune is 
assigned as the ``all-others'' rate.

------------------------------------------------------------------------
                                                          Subsidy rate
                       Company                             (percent)
------------------------------------------------------------------------
Shandong Dongfang Bayley Wood Co., Ltd \7\...........             194.90
Linyi Sanfortune Wood Co., Ltd.......................              22.98
All-Others...........................................              22.98
Anji Qichen Bamboo Industry Co. Ltd \8\..............             194.90
Deqing Shengqiang Wood Co., Ltd......................             194.90
Guangxi Sunway Cen.Xi Artificial Board Ltd...........             194.90
Guangxi Sunway Forest Products Industry Co., Ltd.....             194.90
Hebei Tongli Wood Co., Ltd...........................             194.90
Heze Fulin Wood Products Co., Ltd....................             194.90
Jiashan Minghong Wood Industry Co., Ltd..............             194.90
Jiaxing Brilliant Import & Export Co., Ltd...........             194.90
Keens Products.......................................             194.90
King Sheng...........................................             194.90
Kunming Alston Ast Wood Products Co., Ltd............             194.90
Langfang Baomujie Wood Co., Ltd......................             194.90
Larkcop International Co., Ltd.......................             194.90
Linyi Cathay Pacific Wood Factory....................             194.90
Linyi Celtic Wood Co., Ltd...........................             194.90
Linyi Dongri Plywood Co., Ltd........................             194.90
Linyi Hongma.........................................             194.90
Linyi Jinhua Wood Co., Ltd...........................             194.90
Linyi Kai Yi Arts and Crafts Co., Ltd................             194.90
Linyi Laiyi Timber Industry Co., Ltd.................             194.90
Linyi Lianyi Wood Co., Ltd...........................             194.90
Linyi Raya Commerce..................................             194.90
Linyi Yutai Wood Co., Ltd............................             194.90
Lishui Liancheng Pencil Manufacturing Co., Ltd.......             194.90
Mol Consolidation Service............................             194.90
Ningbo Asia Pulp and Paper...........................             194.90
Ningbo Zhonghua Paper................................             194.90
Qiangsheng Wood Co., Ltd.............................             194.90
Qingdao Liansheng International Trading..............             194.90
Qufu Shengda Wood Co., Ltd...........................             194.90
Shandong Fengtai Wood Co., Ltd.......................             194.90
Shandong Hongyang Fire Resistant.....................             194.90
Shandong Xingang Group...............................             194.90
Shanghai Sunshine Decorative Materials Co., Ltd......             194.90
Shenghe Wood Company Ltd.............................             194.90
Shouguang Evergreen Im & Ex Co. Ltd \9\..............             194.90
Shouguang Taizhong Wood Co., Ltd.....................             194.90
Siyang Jiayuan Woodindustry Co., Ltd.................             194.90
Siyang Senda Wood Industry Co., Ltd..................             194.90
Suqian Bairun Wood Industry Co., Ltd.................             194.90
Suqian Foreign Trade Co., Ltd........................             194.90
Suqian Sulu Wood Industry Co., Ltd \10\..............             194.90
Suzbou Dong He Wood Co., Ltd.........................             194.90
Tianjin Canex........................................             194.90
Tianjin Zhanye Metal Products Co., Ltd...............             194.90
Xuzhou Fuyuan Wood Co., Ltd..........................             194.90
Xuzhou Hongwei Wood Co., Ltd.........................             194.90
Xuzhou Ruilin Timber Co., Ltd........................             194.90
Xuzhou Shenghe Wood Products.........................             194.90
Xuzhou Woodhi Trading Co. Ltd........................             194.90

[[Page 53475]]

 
Xuzhou Yishun Brightwood Co. Ltd.....................             194.90
Xuzhou Zhongda Building Materials Co., Ltd...........             194.90
Xuzhou Zhongyuan Wood Co., Ltd.......................             194.90
Yixing Lion-King Timber Industry Co., Ltd............             194.90
Zhejiang Deqing Shengqiang Wood Co., Ltd.............             194.90
Zhejiang Fuerjia Wooden Company......................             194.90
Zhejiang Jufeng Wood Co., Ltd........................             194.90
Zhejiang Xinyuan Bamboo Products Co., Ltd............             194.90
Zhejiang Yongyu Bamboo Joint-Stock Co., Ltd..........             194.90
------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed for this final determination within five days of 
the date of public announcement of our final determination, in 
accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------

    \7\ As discussed in the Preliminary Determination, the 
Department has found that Bayley Wood is cross-owned with Linyi 
Yinhe Panel Factory (Yinhe Panel), a producer of subject 
merchandise. The Department also applied total adverse facts 
available (AFA) to Bayley Wood and Yinhe Panel.
    \8\ This company and those listed below are receiving the AFA 
rate because they did not respond to our quantity and value 
questionnaire.
    \9\ This company was listed as having the following two ``aka'' 
names: Shouguang Evergreen Co., Ltd. and Weifang Evergreen Wood Co., 
Ltd.
    \10\ This company was listed as having the following ``aka'' 
name: Suqian Sulu Import and Export Trading.
---------------------------------------------------------------------------

Suspension of Liquidation

    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 hardwood 
plywood from the PRC, that were entered, or withdrawn from warehouse, 
for consumption on or after April 25, 2017, the date of the publication 
of the Preliminary Determination in the Federal Register (except for 
those companies for which we made a preliminary affirmative 
determination of critical circumstances, as explained below). In 
accordance with section 703(d) of the Act, we instructed CBP to 
discontinue the suspension of liquidation for CVD purposes for subject 
merchandise entered, or withdrawn from warehouse, on or after August 
23, 2017, but to continue the suspension of liquidation of all entries 
from April 25, 2017, through August 22, 2017.
    The Department continues to find that critical circumstances exist 
for those companies receiving AFA (i.e., Bayley Wood and those 
companies that did not respond to our quantity and value 
questionnaire),\11\ and therefore we will instruct CBP to continue to 
suspend liquidation of all entries of subject merchandise from the PRC-
wide entity entered, or withdrawn from warehouse, for consumption on or 
after January 25, 2017, which is 90 days prior to the date of 
publication of the Preliminary Determination. CBP shall continue to 
require a cash deposit equal to the rates shown above. These 
instructions suspending liquidation will remain in effect until further 
notice.
---------------------------------------------------------------------------

    \11\ See footnote 8 above.
---------------------------------------------------------------------------

    In accordance with the preliminary affirmative determination of 
critical circumstances, we instructed CBP to suspend liquidation of all 
entries of the subject merchandise from ``all other'' producers and 
exporters, which were entered or withdrawn from warehouse, on or after 
January 25, 2017, which is 90 days prior to April 25, 2017, the date of 
publication of the Preliminary Determination. Because we do not find 
critical circumstances for the ``all-other'' producers and exporters in 
this final determination, we will instruct CBP to terminate suspension 
of liquidation, and release any cash deposits or bonds, on imports 
during the 90-day period prior to the date of publication of the 
Preliminary Determination.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order and 
reinstate the suspension of liquidation under section 706(a) of the 
Act, requiring a cash deposit of estimated CVDs for such entries of 
subject 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.

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information relating to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the 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, alternatively, 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 published pursuant to sections 705(d) and 
777(i) of the Act.

    Dated: November 6, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of The Investigation
IV. Scope Comments
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Final Determination of Critical Circumstances
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Analysis of Comments
    Comment 1: The Department's Continued Use of AFA for Bayley Wood

[[Page 53476]]

    Comment 2: Selection of Electricity AFA Benchmark
    Comment 3: Whether Sanfortune Was Uncreditworthy and Whether 
Certain of Its Loans Should Be Treated as Long-Term Loans
    Comment 4: Whether Two Grants Received by Sanfortune Should Be 
Consolidated
    Comment 5: Treatment of Sanfortune's Outstanding Time Drafts
    Comment 6: Electricity for LTAR Benefit Attribution for 
Sanfortune
    Comment 7: Land for LTAR Benefit Attribution for Sanfortune
    Comment 8: Whether Certain of Sanfortune's Loans Are Export 
Loans
    Comment 9: Correction of Mistranslations in the GOC's 
Explanation of Transformer Capacities
    Comment 10: Whether Loans to the Hardwood Plywood Industry Are 
Countervailable
    Comment 11: Whether the Department Should Apply AFA and Find the 
Provision of Electricity To Be Provided for LTAR
    Comment 12: Whether the Department Should Apply AFA to Find That 
Land Was Provided to Sanfortune for LTAR
    Comment 13: Whether the Department Should Apply AFA for the 
Specificity for Four of Sanfortune's Reported Grants
    Comment 14: Whether JOC Yuantai Should Receive the All Others 
Rate, Rather Than the AFA Rate
    Comment 15: Critical Circumstances
    Comment 16: All-Others Rate Calculation
    Comment 17: Presentation of Sanfortune's Drawer Slides at 
Verification
    Comment 18: Whether the Department Properly Initiated on the 
Petitioners' New Subsidy Allegations
    Comment 19: Whether the Provision of Urea for LTAR Is 
Countervailable
    Comment 20: Whether the GOC Provided Formaldehyde to Sanfortune
    Comment 21: Whether the COG's Provision of Timber, UF Resin, and 
Cut Timber for LTAR Is Specific
    Comment 22: Whether the Department Should Correct the Ocean 
Freight Data Used in Calculating the Urea and Formaldehyde 
Benchmarks
    Comment 23: Whether Veneers Are Included as Part of the Program 
for the Provision of Cut Timber for LTAR
    Comment 24: Export-Buyers' Program
XI. Recommendation

Appendix II

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 76690 (December 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 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; 
(6) products made entirely from bamboo and adhesives (also known as 
``solid bamboo''); and (7) Phenolic Film Faced Plyform (PFF), also 
known as Phenolic Surface Film Plywood (PSF), defined as a panel 
with an ``Exterior'' or ``Exposure 1'' bond classification as is 
defined by The Engineered Wood Association, having an opaque 
phenolic film layer with a weight equal to or greater than 90g/m3 
permanently bonded on both the face and back veneers and an opaque, 
moisture resistant coating applied to the edges.
    Excluded from the scope of this investigation are wooden 
furniture goods that, at the time of importation, are fully 
assembled and are ready for their intended uses. Also excluded from 
the scope of this investigation is ``ready to assemble'' (RTA) 
furniture. RTA furniture is defined as (A) furniture packaged for 
sale for ultimate purchase by an end-user that, at the time of 
importation, includes (1) all wooden components (in finished form) 
required to assemble a finished unit of furniture, (2) all accessory 
parts (e.g., screws, washers, dowels, nails, handles, knobs, 
adhesive glues) required to assemble a finished unit of furniture, 
and (3) instructions providing guidance on the assembly of a 
finished unit of furniture; (B) unassembled bathroom vanity 
cabinets, having a space for one or more sinks, that are imported 
with all unassembled hardwood and hardwood plywood components that 
have been cut-to-final dimensional component shape/size, painted or 
stained prior to importation, and stacked within a singled shipping 
package, except for furniture feet which may be packed and shipped 
separately; or (C) unassembled bathroom vanity linen closets that 
are imported with all unassembled hardwood and hardwood plywood 
components that have been cut-to-final dimensional shape/size, 
painted or stained prior to importation, and stacked within a single 
shipping package, except for furniture feet which may be packed and 
shipped separately.
    Excluded from the scope of this investigation are kitchen 
cabinets that, at the time of importation, are fully assembled and 
are ready for their intended uses. Also excluded from the scope of 
this investigation are RTA kitchen cabinets. RTA kitchen cabinets 
are defined as kitchen cabinets packaged for sale for ultimate 
purchase by an

[[Page 53477]]

end-user that, at the time of importation, includes (1) all wooden 
components (in finished form) required to assemble a finished unit 
of cabinetry, (2) all accessory parts (e.g., screws, washers, 
dowels, nails, handles, knobs, hooks, adhesive glues) required to 
assemble a finished unit of cabinetry, and (3) instructions 
providing guidance on the assembly of a finished unit of cabinetry.
    Excluded from the scope of this investigation are finished table 
tops, which are table tops imported in finished form with pre-cut or 
drilled openings to attach the underframe or legs. The table tops 
are ready for use at the time of import and require no further 
finishing or processing.
    Excluded from the scope of this investigation are finished 
countertops that are imported in finished form and require no 
further finishing or manufacturing.
    Excluded from the scope of this investigation are laminated 
veneer lumber door and window components with (1) a maximum width of 
44 millimeters, a thickness from 30 millimeters to 72 millimeters, 
and a length of less than 2413 millimeters (2) water boiling point 
exterior adhesive, (3) a modulus of elasticity of 1,500,000 pounds 
per square inch or higher, (4) finger-jointed or lap-jointed core 
veneer with all layers oriented so that the grain is running 
parallel or with no more than 3 dispersed layers of veneer oriented 
with the grain running perpendicular to the other layers; and (5) 
top layer machined with a curved edge and one or more profile 
channels throughout.
    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; 
4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510; 
4412.31.2520; 4412.31.2610; 4412.31.2620; 4412.31.4040; 
4412.31.4050; 4412.31.4060; 4412.31.4075; 4412.31.4080; 
4412.31.4140; 4412.31.4150; 4412.31.4160; 4412.31.4180; 
4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 
4412.31.5175; 4412.31.5235; 4412.31.5255; 4412.31.5265; 
4412.31.5275; 4412.31.6000; 4412.31.6100; 4412.31.9100; 
4412.31.9200; 4412.32.0520; 4412.32.0540; 4412.32.0565; 
4412.32.0570; 4412.32.0620; 4412.32.0640; 4412.32.0670; 
4412.32.2510; 4412.32.2525; 4412.32.2530; 4412.32.2610; 
4412.32.2630; 4412.32.3125; 4412.32.3135; 4412.32.3155; 
4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.3235; 
4412.32.3255; 4412.32.3265; 4412.32.3275; 4412.32.3285; 
4412.32.5600; 4412.32.3235; 4412.32.3255; 4412.32.3265; 
4412.32.3275; 4412.32.3285; 4412.32.5700; 4412.94.1030; 
4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 
4412.94.3141; 4412.94.3161; 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 4412.99.6000; 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. 2017-24864 Filed 11-15-17; 8:45 am]
 BILLING CODE 3510-DS-P