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]
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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,
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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 https://
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).
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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
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sections 776(a) and (b) of the Act.
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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.
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6 See
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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.
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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
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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
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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
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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
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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
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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 https://
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 https://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]
-----------------------------------------------------------------------
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 https://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
