Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 12587-12592 [2019-06388]
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Federal Register / Vol. 84, No. 63 / Tuesday, April 2, 2019 / Notices
Notification to Importers
DEPARTMENT OF COMMERCE
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during these
PORs. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
International Trade Administration
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Commerce is issuing and publishing
the preliminary results of this new
shipper review in accordance with
sections 751(a)(2)(B) and 777(i) of the
Act, and 19 CFR 351.214 and
351.221(b)(4).
Dated: March 27, 2019.
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.
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Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Bona Fides Analysis
V. Discussion of the Methodology
A. Non-Market-Economy Country Status
B. Surrogate Country
C. Separate Rate
1. Absence of De Jure Control
2. Absence of De Facto Control
D. Fair Value Comparisons
1. Determination of Comparison Method
2. Results of the Differential Pricing
Analysis
E. U.S. Price
F. Date of Sale
G. Normal Value
H. Surrogate Values
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2019–06314 Filed 4–1–19; 8:45 am]
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Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China: Initiation
of Less-Than-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable March 26, 2019.
FOR FURTHER INFORMATION CONTACT:
Amanda Brings at (202) 482–3927 or
Rachel Greenberg at (202) 482–0652,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On March 6, 2019, the U.S.
Department of Commerce (Commerce)
received an antidumping duty (AD)
Petition concerning imports of wooden
cabinets and vanities and components
thereof (wooden cabinets and vanities)
from the People’s Republic of China
(China), filed in proper form on behalf
of the American Kitchen Cabinet
Alliance (the petitioner).1 The AD
Petition was accompanied by a
countervailing duty (CVD) Petition
concerning imports of wooden cabinets
and vanities from China.
Between March 11 and 20, 2019,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition.2 The petitioner filed
responses to these requests between
March 12 and 22, 2019.3
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Wooden Cabinets and Vanities from the
People’s Republic of China,’’ dated March 6, 2019
(the Petition); see also Memorandum, ‘‘Phone Call
with Counsel to the Petitioner,’’ dated March 26,
2019.
2 See Commerce’s Letters, ‘‘Re: Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Wooden Cabinets and Vanities
from the People’s Republic of China: Supplemental
Questions,’’ dated March 11, 2019 (General Issues
Supplemental Questionnaire) and ‘‘Re: Petitions for
the Imposition of Antidumping and Countervailing
Duties on Imports of Wooden Cabinets and Vanities
from the People’s Republic of China: Supplemental
Questions,’’ dated March 11, 2019 (AD
Supplemental Questionnaire). See also
Memorandum, ‘‘Phone Call with Counsel to the
Petitioner,’’ dated March 18, 2019 (March 18, 2019
Memorandum) and Memorandum, ‘‘Phone Call
with U.S. Customs and Border Protection Officials
and Counsel to the Petitioner,’’ dated March 20,
2019 (March 20, 2019 Memorandum).
3 See Petitioner’s Letter, ‘‘Wooden Cabinets and
Vanities from the People’s Republic of China:
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In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of wooden cabinets and vanities from
China are being, or are likely to be, sold
in the United States at less-than-fair
value (LTFV) within the meaning of
section 731 of the Act, and that such
imports are materially injuring, or
threatening material injury to, the
domestic industry producing wooden
cabinets and vanities in the United
States. Consistent with section 732(b)(1)
of the Act, the Petition is accompanied
by information reasonably available to
the petitioner supporting its allegations.
Commerce finds that the petitioner
filed this Petition on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(E) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested AD investigation.4
Period of Investigation
Because the Petition was filed on
March 6, 2019, the period of
investigation (POI) is July 1, 2018,
through December 31, 2018.
Scope of the Investigation
The merchandise covered by this
investigation consists of wooden
cabinets and vanities from China. For a
full description of the scope of this
investigation, see the Appendix to this
notice.
Comments on Scope of the Investigation
During our review of the Petition, we
contacted the petitioner regarding the
proposed scope to ensure that the scope
language in the Petition is an accurate
Petitioner’s Responses to Supplemental Questions
Regarding Petition Volume I Injury,’’ dated March
12, 2019 (General Issues Supplement); Petitioner’s
Letter, ‘‘Wooden Cabinets and Vanities from the
People’s Republic of China: Petitioner’s Responses
to Supplemental Questions Regarding Petition
Volume II China AD,’’ dated March 12, 2019 (AD
Supplement); Petitioner’s Letter, ‘‘Wooden Cabinets
and Vanities from the People’s Republic of China:
Second Supplemental Responses—Volume I
Injury,’’ dated March 20, 2019 (Second General
Issues Supplement); Petitioner’s Letter, ‘‘Wooden
Cabinets and Vanities from the People’s Republic of
China: Second Supplemental Responses—Volume II
Injury,’’ dated March 20, 2019 (Second AD
Supplement); and Petitioner’s Letter, ‘‘Wooden
Cabinets and Vanities from the People’s Republic of
China: Petitioner’s Response to Department of
Commerce’s March 20, 2019 Memorandum,’’ dated
March 22, 2019 (Scope Clarification).
4 See ‘‘Antidumping Duty Investigation Initiation
Checklist: Wooden Cabinets and Vanities from the
People’s Republic of China,’’ (AD Initiation
Checklist). This checklist is dated concurrently
with, and hereby adopted by, this notice and on file
electronically via ACCESS. Access to documents
filed via ACCESS is also available in the Central
Records Unit, Room B8024 of the main Department
of Commerce building.
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reflection of the products for which the
domestic industry is seeking relief.5 As
a result, the scope of the Petition was
modified to clarify the description of the
merchandise covered by the Petition.
The description of the merchandise
covered by this investigation, as
described in the Appendix to this
notice, reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).6 Commerce will consider all
comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information,7 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit scope comments by 5:00
p.m. Eastern Time (ET) on April 15,
2019, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on April 25, 2019, which
is 10 calendar days from the initial
comment deadline.8
Commerce requests that any factual
information the parties consider
relevant to the scope of the investigation
be submitted during this time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such comments must
also be filed on the record of the
concurrent CVD investigation.
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Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS).9
5 See General Issues Supplement; see also March
18, 2019 Memorandum, March 20, 2019
Memorandum, and Scope Clarification; see also
Memorandum, ‘‘Phone Call with Counsel to the
Petitioner,’’ dated March 21, 2019.
6 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
7 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
8 See 19 CFR 351.303(b).
9 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
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An electronically filed document must
be received successfully in its entirety
by the time and date it is due.
Documents exempted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with Enforcement and
Compliance’s APO/Dockets Unit, Room
18022, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, and stamped
with the date and time of receipt by the
applicable deadlines.
Comments on Product Characteristics
for AD Questionnaires
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of wooden cabinets and vanities to be
reported in response to Commerce’s AD
questionnaire. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant factors of production (FOPs)
accurately, as well as to develop
appropriate product-comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaire, all
comments must be filed by 5:00 p.m. ET
on April 15, 2019, which is 20 calendar
days from the signature date of this
notice.10 Any rebuttal comments must
be filed by 5:00 p.m. ET on April 25,
2019. All comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of this AD investigation.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook%20
on%20Electronic%20Filling%20Procedures.pdf.
10 See 19 CFR 351.303(b).
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producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,11 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.12
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the Petition.13
Based on our analysis of the information
submitted on the record, we have
determined that wooden cabinets and
vanities, as defined in the scope,
constitute a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.14
11 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
13 See Volume I of the Petition, at 18–20; see also
General Issues Supplement, at 6–7.
14 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see AD Initiation
12 See
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In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in the Appendix to this
notice. To establish industry support,
the petitioner provided 2018 shipments
of the domestic like product for the U.S.
producers that support the Petition.15
The petitioner estimated the production
of the domestic like product for the
entire domestic industry based on
shipment value data, because
production quantity data for the entire
domestic industry are not available, and
shipments are a close approximation of
production in the wooden cabinets and
vanities industry.16 The petitioner
compared the shipments of the
companies supporting the Petition to
the estimated total 2018 shipments of
the domestic like product for the entire
domestic industry.17 We relied on data
provided by the petitioner for purposes
of measuring industry support.18
On March 20, 2019, we received
comments on industry support from
American Home Furnishings Alliance
(AHFA), an alliance representing the
U.S. residential furniture industry, and
Fabuwood Cabinetry Corp. (Fabuwood),
a U.S. importer.19 On March 22, 2019,
we received industry support comments
from Huisen Furniture Longnan Co. Ltd.
(Huisen), a Chinese producer and
exporter of living room floor-standing
furniture, and Kimball Hospitality Inc.
(Kimball), a U.S. producer and importer
of hospitality furniture.20 The petitioner
Checklist, at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing
Duty Petitions Covering Wooden Cabinets and
Vanities from the People’s Republic of China
(Attachment II).
15 See Volume I of the Petition, at 2–4 and
Exhibits I–3, I–5, and I–7; see also General Issues
Supplement, at 10–14 and Exhibits I–Supp–5,
I–Supp–8 and I–Supp–12.
16 See Volume I of the Petition at 3 and Exhibits
I–3, I–4 and I–15; see also General Issues
Supplement, at 9.
17 See General Issues Supplement, at 10, 13, and
14.
18 See Volume I of the Petition, at 2–4 and
Exhibits I–3, I–4, I–5, and I–7; see also General
Issues Supplement, at 9–14 and Exhibits
I–Supp–5, I–Supp–8, I–Supp–10, I–Supp–11, and I–
Supp–12. For further discussion, see AD Initiation
Checklist, at Attachment II.
19 See AHFA’s Letter, ‘‘Wooden Cabinets and
Vanities from the People’s Republic of China:
Comments on Industry Support,’’ dated March 20,
2019 (AHFA’s Letter). See Fabuwood’s Letter,
‘‘Wooden Cabinets and Vanities from the People’s
Republic of China: Request to Dismiss Petitions or
Otherwise Postpone Initiation,’’ dated March 20,
2019 (Fabuwood’s Letter).
20 See Huisen’s Letter, ‘‘Wooden Cabinets and
Vanities from the People’s Republic of China:
Comments on Industry Support,’’ dated March 22,
2019 (Huisen’s Letter).
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responded to the industry support
comments from AHFA, Fabuwood,
Huisen, and Kimball on March 25,
2019.21
Our review of the data provided in the
Petition, the General Issues Supplement,
the Petitioner’s Letter, and other
information readily available to
Commerce indicates that the petitioner
has established industry support for the
Petition.22 First, the Petition established
support from domestic producers (or
workers) accounting for more than 50
percent of the total production of the
domestic like product and, as such,
Commerce is not required to take further
action in order to evaluate industry
support (e.g., polling).23 Second, the
domestic producers (or workers) have
met the statutory criteria for industry
support under section 732(c)(4)(A)(i) of
the Act because the domestic producers
(or workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.24 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.25 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 732(b)(1) of the
Act.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioner alleges that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.26
The petitioner contends that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
reduced market share; underselling and
21 See Petitioner’s Letter, ‘‘Wooden, Cabinets and
Vanities from the People’s Republic of China:
Petitioners Response to Request to Various Parties’
Requests to Dismiss or Postpone,’’ dated March 25,
2019 (Petitioner’s Letter).
22 See AD Initiation Checklist, at Attachment II.
23 See section 732(c)(4)(D) of the Act; see also AD
Initiation Checklist, at Attachment II.
24 See AD Initiation Checklist, at Attachment II.
25 Id.
26 See General Issues Supplement, at 15–16 and
Exhibits I–Supp–10 and I–Supp–13.
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price depression or suppression; lost
sales and revenues; closure of
manufacturing facilities and hindered
planned expansion efforts due to market
conditions caused by subject imports; a
decline in the domestic industry’s U.S.
production, capacity utilization,
commercial shipments, employment,
and financial performance; and the
magnitude of the alleged dumping
margins.27 We have assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, causation, as well as
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence, and
meet the statutory requirements for
initiation.28
Allegations of Sales at Less Than Fair
Value
The following is a description of the
allegation of sales at LTFV upon which
Commerce based its decision to initiate
an AD investigation of imports of
wooden cabinets and vanities from
China. The sources of data for the
deductions and adjustments relating to
U.S. price and normal value (NV) are
discussed in greater detail in the AD
Initiation Checklist.
Export Price
The petitioner based export price (EP)
on an offer for sale for wooden cabinets
produced in China and offered for sale
to a customer in the United States.29
The petitioner made deductions from
U.S. price for foreign inland freight and
foreign brokerage and handling
charges.30
Normal Value
With respect to China, Commerce
considers China to be an NME
country.31 In accordance with section
27 See Volume I of the Petitions, at 15–18, 21–35
and Exhibits I–4, I–11 through I–29; see also
General Issues Supplement, at 14–16 and Exhibits
I–Supp–10 and I–Supp–13.
28 See AD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Wooden
Cabinets and Vanities from the People’s Republic of
China (Attachment III).
29 See Volume II of the Petition, at 3 and Exhibit
II–2; see also AD Supplement, at 1 and Exhibit II–
Supp–2.
30 See Volume II of the Petition, at 5–7 and
Exhibit II–3, Exhibit II–7, Exhibit II–12; see also AD
Supplement, at 3 and Exhibit II–Supp–3, Exhibit II–
Supp–4, Exhibit II–Supp–5.
31 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017), and accompanying decision
memorandum, China’s Status as a Non-Market
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771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
we continue to treat China as an NME
country for purposes of the initiation of
this investigation. Accordingly, NV in
China is appropriately based on FOPs
valued in a surrogate market economy
country, in accordance with section
773(c) of the Act.32
The Petition claims that Brazil is an
appropriate surrogate country for China
because it is a market economy that is
at a level of economic development
comparable to that of China and it is a
significant producer of comparable
merchandise.33 The petitioner provided
publicly available information from
Brazil to value all FOPs. Based on the
information provided by the petitioner,
we determine that it is appropriate to
use Brazil as a surrogate country for
initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Factors of Production
Because information regarding the
volume of inputs consumed by the
Chinese producer/exporter was not
reasonably available, the Petition used
the product-specific consumption rates
of a U.S. wooden cabinets and vanities
producer as a surrogate to estimate the
Chinese manufacturer’s FOPs.34 The
Petition valued the estimated FOPs
using surrogate values from Brazil, as
noted above. 35 The Petition used an
average exchange rate to convert the
data to U.S. dollars, where applicable.
The petitioner calculated factory
overhead, selling, general and
administrative expenses, and profit
based on the experience of a Brazilian
producer of wooden cabinets.36
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Fair Value Comparisons
Based on the data provided by the
Petition, there is reason to believe that
imports of wooden cabinets and vanities
from China are being, or are likely to be,
Economy, unchanged in Certain Aluminum Foil
from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 83
FR 9282 (March 5, 2018).
32 See AD Initiation Checklist.
33 Id. at 9–10 and Exhibit II–9, Exhibit II–10.
34 Id. at 2, 10–11 and Exhibit II–11, Exhibit II–12.
35 Id. at 14–17.
36 See Volume II of the Petition at 15–17 and
Exhibit II–21 and Exhibit II–22.
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sold in the United States at LTFV. Based
on comparisons of EP to NV, in
accordance with sections 772 and 773 of
the Act, the estimated dumping margins
for wooden cabinets and vanities from
China range from 177.36 to 262.18
percent.37
Initiation of LTFV Investigation
Based upon the examination of the
Petition on wooden cabinets and
vanities from China, we find that the
Petition meets the requirements of
section 732 of the Act. Therefore, we are
initiating an AD investigation to
determine whether imports of wooden
cabinets and vanities from China are
being, or are likely to be, sold in the
United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determination no later than 140 days
after the date of this initiation.
Respondent Selection
The petitioner named 727 companies
in China as producers/exporters of
wooden cabinets and vanities.38 After
considering our resources, Commerce
has determined that we do not have
sufficient administrative resources to
issue quantity and value (Q&V)
questionnaires to all 727 identified
producers and exporters. Therefore,
Commerce has determined to limit the
number of Q&V questionnaires we will
send out to exporters and producers
identified in U.S. Customs and Border
Protection (CBP) data for U.S. imports of
wooden cabinets and vanities during the
POI under the appropriate Harmonized
Tariff Schedule of the United States
numbers listed in the ‘‘Scope of the
Investigation,’’ in the Appendix.
Accordingly, Commerce will send Q&V
questionnaires to the largest producers
and exporters that are identified in the
CBP data for which there is address
information on the record.
On March 26, 2019, Commerce
released CBP data on imports of wooden
cabinets and vanities from China under
APO to all parties with access to
information protected by APO and
indicated that interested parties wishing
to comment on the CBP data must do so
within three business days of the
publication date of the notice of
initiation of this investigation.39 We
37 See Second AD Supplement at Exhibit II–
Supp–2–3; see also AD Initiation Checklist.
38 See Petition Volume I at Exhibit I–9; see also
General Issues Supplement at Exhibit I–Supp–1.
39 See Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Wooden Cabinets and Vanities from
China: Release of U.S. Customs and Border
Protection Data;’’ dated March 26, 2019.
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further stated that we will not accept
rebuttal comments.
In addition, Commerce will post the
Q&V questionnaire along with filing
instructions on the Enforcement and
Compliance website at https://
www.trade.gov/enforcement/news.asp.
In accordance with our standard
practice for respondent selection in AD
cases involving NME countries, we
intend to base respondent selection on
the responses to the Q&V questionnaire
that we receive.
Producers/exporters of wooden
cabinets and vanities from China that do
not receive Q&V questionnaires by mail
may still submit a response to the Q&V
questionnaire and can obtain a copy
from the Enforcement & Compliance
website. The Q&V response must be
submitted by the relevant China
exporters/producers no later than April
15, 2019. All Q&V responses must be
filed electronically via ACCESS.
Separate Rates
In order to obtain separate-rate status
in an NME investigation, exporters and
producers must submit a separate-rate
application.40 The specific requirements
for submitting a separate-rate
application in the China investigation
are outlined in detail in the application
itself, which is available on Commerce’s
website at https://enforcement.trade.gov/
nme/nme-sep-rate.html. The separaterate application will be due 30 days
after publication of this initiation
notice.41 Exporters and producers who
submit a separate-rate application and
have been selected as mandatory
respondents will be eligible for
consideration for separate-rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from China
submit a response to both the Q&V
questionnaire and the separate-rate
application by the respective deadlines
in order to receive consideration for
separate-rate status. Companies not
filing a timely Q&V response will not
receive separate rate consideration.
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
40 See Policy Bulletin 05.1: Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving Non-Market
Economy Countries (April 5, 2005), available at
https://enforcement.trade.gov/policy/bull05-1.pdf
(Policy Bulletin 05.1).
41 Although in past investigations this deadline
was 60 days, consistent with 19 CFR 351.301(a),
which states that ‘‘the Secretary may request any
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days.
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investigation. The Separate Rates and
Combination Rates Bulletin states:
{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that the Department will now assign in
its NME Investigation will be specific to
those producers that supplied the exporter
during the period of investigation. Note,
however, that one rate is calculated for the
exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.42
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
government of China via ACCESS.
Because of the particularly large number
of producers/exporters identified in the
Petition, Commerce considers the
service of the public version of the
Petition to the foreign producers/
exporters satisfied by delivery of the
public version to the government of
China, consistent with 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
amozie on DSK9F9SC42PROD with NOTICES
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
wooden cabinets and vanities from
China are materially injuring or
threatening material injury to a U.S.
industry.43 A negative ITC
determination will result in the
investigation being terminated.44
Otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
42 See
43 See
Policy Bulletin 05.1 at 6 (emphasis added).
section 733(a) of the Act.
44 Id.
VerDate Sep<11>2014
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Any party, when
submitting factual information, must
specify under which subsection of 19
CFR 351.102(b)(21) the information is
being submitted 45 and, if the
information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.46 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Please review the regulations
prior to submitting factual information
in this investigation.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in a
letter or memorandum of the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, stand-alone
submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Parties should review Extension
of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
submitting factual information in these
investigations.
Certification Requirements
Any party submitting factual
information in an AD or CVD
45 See
46 See
18:45 Apr 01, 2019
Jkt 247001
PO 00000
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
Frm 00017
Fmt 4703
Sfmt 4703
12591
proceeding must certify to the accuracy
and completeness of that information.47
Parties must use the certification
formats provided in 19 CFR
351.303(g).48 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
administrative protective order (APO) in
accordance with 19 CFR 351.305. On
January 22, 2008, Commerce published
Antidumping and Countervailing Duty
Proceedings: Documents Submission
Procedures; APO Procedures, 73 FR
3634 (January 22, 2008). Parties wishing
to participate in this investigation
should ensure that they meet the
requirements of these procedures (e.g.,
the filing of letters of appearance as
discussed in 19 CFR 351.103(d)).
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: March 28, 2019.
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
Scope of the Investigation
The merchandise subject to this
investigation consists of wooden cabinets
and vanities that are for permanent
installation (including floor mounted, wall
mounted, ceiling hung or by attachment of
plumbing), and wooden components thereof.
Wooden cabinets and vanities and wooden
components are made substantially of wood
products, including solid wood and
engineered wood products (including those
made from wood particles, fibers, or other
wooden materials such as plywood, strand
board, block board, particle board, or
fiberboard), or bamboo. Wooden cabinets and
vanities consist of a cabinet box (which
typically includes a top, bottom, sides, back,
base blockers, ends/end panels, stretcher
rails, toe kicks, and/or shelves) and may or
may not include a frame, door, drawers and/
or shelves. Subject merchandise includes
wooden cabinets and vanities with or
without wood veneers, wood, paper or other
overlays, or laminates, with or without nonwood components or trim such as metal,
marble, glass, plastic, or other resins,
47 See
section 782(b) of the Act.
also Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
48 See
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whether or not surface finished or
unfinished, and whether or not completed.
Wooden cabinets and vanities are covered
by the investigation whether or not they are
imported attached to, or in conjunction with,
faucets, metal plumbing, sinks and/or sink
bowls, or countertops. If wooden cabinets or
vanities are imported attached to, or in
conjunction with, such merchandise, only
the wooden cabinet or vanity is covered by
the scope.
Subject merchandise includes the
following wooden component parts of
cabinets and vanities: (1) Wooden cabinet
and vanity frames (2) wooden cabinet and
vanity boxes (which typically include a top,
bottom, sides, back, base blockers, ends/end
panels, stretcher rails, toe kicks, and/or
shelves), (3) wooden cabinet or vanity doors,
(4) wooden cabinet or vanity drawers and
drawer components (which typically include
sides, backs, bottoms, and faces), (5) back
panels and end panels, (6) and desks,
shelves, and tables that are attached to or
incorporated in the subject merchandise.
Subject merchandise includes all
unassembled, assembled and/or ‘‘ready to
assemble’’ (RTA) wooden cabinets and
vanities, also commonly known as ‘‘flat
packs,’’ except to the extent such
merchandise is already covered by the scope
of antidumping and countervailing duty
orders on Hardwood Plywood from the
People’s Republic of China. See Certain
Hardwood Plywood Products from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair
Value, and Antidumping Duty Order, 83 FR
504 (January 4, 2018); Certain Hardwood
Plywood Products from the People’s Republic
of China: Countervailing Duty Order, 83 FR
513 (January 4, 2018). RTA wooden cabinets
and vanities are defined as cabinets or
vanities packaged so that at the time of
importation they may include: (1) Wooden
components required to assemble a cabinet or
vanity (including drawer faces and doors);
and (2) parts (e.g., screws, washers, dowels,
nails, handles, knobs, adhesive glues)
required to assemble a cabinet or vanity.
RTAs may enter the United States in one or
in multiple packages.
Subject merchandise also includes wooden
cabinets and vanities and in-scope
components that have been further processed
in a third country, including but not limited
to one or more of the following: trimming,
cutting, notching, punching, drilling,
painting, staining, finishing, assembly, 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.
Excluded from the scope of this
investigation, if entered separate from a
wooden cabinet or vanity are:
(1) Aftermarket accessory items which may
be added to or installed into an interior of a
cabinet and which are not considered a
structural or core component of a wooden
cabinet or vanity. Aftermarket accessory
items may be made of wood, metal, plastic,
composite material, or a combination thereof
that can be inserted into a cabinet and which
are utilized in the function of organization/
accessibility on the interior of a cabinet; and
include:
VerDate Sep<11>2014
18:45 Apr 01, 2019
Jkt 247001
• Inserts or dividers which are placed into
drawer boxes with the purpose of organizing
or dividing the internal portion of the drawer
into multiple areas for the purpose of
containing smaller items such as cutlery,
utensils, bathroom essentials, etc.
• Round or oblong inserts that rotate
internally in a cabinet for the purpose of
accessibility to foodstuffs, dishware, general
supplies, etc.
(2) Solid wooden accessories including
corbels and rosettes, which serve the primary
purpose of decoration and personalization.
(3) Non-wooden cabinet hardware
components including metal hinges,
brackets, catches, locks, drawer slides,
fasteners (nails, screws, tacks, staples),
handles, and knobs.
Also excluded from the scope of this
investigation are:
(1) All products covered by the scope of
the antidumping duty order on Wooden
Bedroom Furniture from the People’s
Republic of China. See Notice of Amended
Final Determination of Sales at Less Than
Fair Value and Antidumping Duty Order:
Wooden Bedroom Furniture From the
People’s Republic of China, 70 FR 329
(January 4, 2005).
(2) All products covered by the scope of
the antidumping and countervailing duty
orders on Hardwood Plywood from the
People’s Republic of China. See Certain
Hardwood Plywood Products from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair
Value, and Antidumping Duty Order, 83 FR
504 (January 4, 2018); Certain Hardwood
Plywood Products from the People’s Republic
of China: Countervailing Duty Order, 83 FR.
513 (January 4, 2018).
Imports of subject merchandise are
classified under Harmonized Tariff Schedule
of the United States (HTSUS) statistical
numbers 9403.40.9060 and 9403.60.8081.
The subject component parts of wooden
cabinets and vanities may be entered into the
United States under HTSUS statistical
number 9403.90.7080. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
[FR Doc. 2019–06388 Filed 4–1–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG920
North Pacific Fishery Management
Council; Public Meeting
Bycatch Workshop will meet April 15,
2019 through April 16, 2019.
The meeting will be held on
Monday, April 15, 2019, from 8:30 a.m.
to 5 p.m. and Tuesday, April 16, 2019,
from 8 a.m. to 12 p.m., Pacific Standard
Time.
DATES:
The meeting will be held in
the Traynor Room, Building 4 at the
Alaska Fisheries Science Center, 7600
Sand Point Way NE, Seattle, WA 98115.
Council address: North Pacific
Fishery Management Council, 605 W
4th Ave., Suite 306, Anchorage, AK
99501–2252; telephone: (907) 271–2809.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Diana Stram, Council staff; telephone:
(907) 271–2806.
SUPPLEMENTARY INFORMATION:
Agenda
Monday, April 15, 2019 to Tuesday,
April 16, 2019
The agenda will include a review and
discussion of existing salmon bycatch
genetics evaluations and discussion of
and plan for proposed improvements to
facilitate better use of information by
stakeholders for bycatch avoidance. The
Agenda is subject to change, and the
latest version will be posted at https://
meetings.npfmc.org/Meeting/Details/
603 prior to the meeting, along with
meeting materials.
Public Comment
Public comment letters will be
accepted and should be submitted either
electronically to https://
meetings.npfmc.org/Meeting/Details/
603 or through the mail: North Pacific
Fishery Management Council, 605 W
4th Ave., Suite 306, Anchorage, AK
99501–2252. In-person oral public
testimony will be accepted at the
discretion of the chair.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Shannon Gleason
at (907) 271–2809 at least 7 working
days prior to the meeting date.
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public workshop.
Dated: March 27, 2019.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
The North Pacific Fishery
Management Council (Council) Salmon
BILLING CODE 3510–22–P
AGENCY:
SUMMARY:
PO 00000
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[FR Doc. 2019–06315 Filed 4–1–19; 8:45 am]
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]]>Agencies
[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Notices]
[Pages 12587-12592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06388]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-106]
Wooden Cabinets and Vanities and Components Thereof From the
People's Republic of China: Initiation of Less-Than-Fair-Value
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable March 26, 2019.
FOR FURTHER INFORMATION CONTACT: Amanda Brings at (202) 482-3927 or
Rachel Greenberg at (202) 482-0652, AD/CVD Operations, Office V,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
The Petition
On March 6, 2019, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) Petition concerning imports of wooden
cabinets and vanities and components thereof (wooden cabinets and
vanities) from the People's Republic of China (China), filed in proper
form on behalf of the American Kitchen Cabinet Alliance (the
petitioner).\1\ The AD Petition was accompanied by a countervailing
duty (CVD) Petition concerning imports of wooden cabinets and vanities
from China.
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Wooden Cabinets and
Vanities from the People's Republic of China,'' dated March 6, 2019
(the Petition); see also Memorandum, ``Phone Call with Counsel to
the Petitioner,'' dated March 26, 2019.
---------------------------------------------------------------------------
Between March 11 and 20, 2019, Commerce requested supplemental
information pertaining to certain aspects of the Petition.\2\ The
petitioner filed responses to these requests between March 12 and 22,
2019.\3\
---------------------------------------------------------------------------
\2\ See Commerce's Letters, ``Re: Petitions for the Imposition
of Antidumping and Countervailing Duties on Imports of Wooden
Cabinets and Vanities from the People's Republic of China:
Supplemental Questions,'' dated March 11, 2019 (General Issues
Supplemental Questionnaire) and ``Re: Petitions for the Imposition
of Antidumping and Countervailing Duties on Imports of Wooden
Cabinets and Vanities from the People's Republic of China:
Supplemental Questions,'' dated March 11, 2019 (AD Supplemental
Questionnaire). See also Memorandum, ``Phone Call with Counsel to
the Petitioner,'' dated March 18, 2019 (March 18, 2019 Memorandum)
and Memorandum, ``Phone Call with U.S. Customs and Border Protection
Officials and Counsel to the Petitioner,'' dated March 20, 2019
(March 20, 2019 Memorandum).
\3\ See Petitioner's Letter, ``Wooden Cabinets and Vanities from
the People's Republic of China: Petitioner's Responses to
Supplemental Questions Regarding Petition Volume I Injury,'' dated
March 12, 2019 (General Issues Supplement); Petitioner's Letter,
``Wooden Cabinets and Vanities from the People's Republic of China:
Petitioner's Responses to Supplemental Questions Regarding Petition
Volume II China AD,'' dated March 12, 2019 (AD Supplement);
Petitioner's Letter, ``Wooden Cabinets and Vanities from the
People's Republic of China: Second Supplemental Responses--Volume I
Injury,'' dated March 20, 2019 (Second General Issues Supplement);
Petitioner's Letter, ``Wooden Cabinets and Vanities from the
People's Republic of China: Second Supplemental Responses--Volume II
Injury,'' dated March 20, 2019 (Second AD Supplement); and
Petitioner's Letter, ``Wooden Cabinets and Vanities from the
People's Republic of China: Petitioner's Response to Department of
Commerce's March 20, 2019 Memorandum,'' dated March 22, 2019 (Scope
Clarification).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of wooden
cabinets and vanities from China are being, or are likely to be, sold
in the United States at less-than-fair value (LTFV) within the meaning
of section 731 of the Act, and that such imports are materially
injuring, or threatening material injury to, the domestic industry
producing wooden cabinets and vanities in the United States. Consistent
with section 732(b)(1) of the Act, the Petition is accompanied by
information reasonably available to the petitioner supporting its
allegations.
Commerce finds that the petitioner filed this Petition on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(E) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested AD investigation.\4\
---------------------------------------------------------------------------
\4\ See ``Antidumping Duty Investigation Initiation Checklist:
Wooden Cabinets and Vanities from the People's Republic of China,''
(AD Initiation Checklist). This checklist is dated concurrently
with, and hereby adopted by, this notice and on file electronically
via ACCESS. Access to documents filed via ACCESS is also available
in the Central Records Unit, Room B8024 of the main Department of
Commerce building.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on March 6, 2019, the period of
investigation (POI) is July 1, 2018, through December 31, 2018.
Scope of the Investigation
The merchandise covered by this investigation consists of wooden
cabinets and vanities from China. For a full description of the scope
of this investigation, see the Appendix to this notice.
Comments on Scope of the Investigation
During our review of the Petition, we contacted the petitioner
regarding the proposed scope to ensure that the scope language in the
Petition is an accurate
[[Page 12588]]
reflection of the products for which the domestic industry is seeking
relief.\5\ As a result, the scope of the Petition was modified to
clarify the description of the merchandise covered by the Petition. The
description of the merchandise covered by this investigation, as
described in the Appendix to this notice, reflects these
clarifications.
---------------------------------------------------------------------------
\5\ See General Issues Supplement; see also March 18, 2019
Memorandum, March 20, 2019 Memorandum, and Scope Clarification; see
also Memorandum, ``Phone Call with Counsel to the Petitioner,''
dated March 21, 2019.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\6\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\7\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope comments by 5:00 p.m. Eastern Time
(ET) on April 15, 2019, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on April 25, 2019, which is
10 calendar days from the initial comment deadline.\8\
---------------------------------------------------------------------------
\6\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\7\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\8\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
Commerce requests that any factual information the parties consider
relevant to the scope of the investigation be submitted during this
time period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such comments must also be filed
on the record of the concurrent CVD investigation.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\9\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, and stamped with the date and time of receipt by the applicable
deadlines.
---------------------------------------------------------------------------
\9\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics for AD Questionnaires
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of wooden cabinets and
vanities to be reported in response to Commerce's AD questionnaire.
This information will be used to identify the key physical
characteristics of the subject merchandise in order to report the
relevant factors of production (FOPs) accurately, as well as to develop
appropriate product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaire, all
comments must be filed by 5:00 p.m. ET on April 15, 2019, which is 20
calendar days from the signature date of this notice.\10\ Any rebuttal
comments must be filed by 5:00 p.m. ET on April 25, 2019. All comments
and submissions to Commerce must be filed electronically using ACCESS,
as explained above, on the record of this AD investigation.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\11\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\12\
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\11\ See section 771(10) of the Act.
\12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the Petition.\13\ Based on our analysis of the information submitted
on the record, we have determined that wooden cabinets and vanities, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\14\
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\13\ See Volume I of the Petition, at 18-20; see also General
Issues Supplement, at 6-7.
\14\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
AD Initiation Checklist, at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Wooden Cabinets and Vanities from the People's Republic of
China (Attachment II).
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[[Page 12589]]
In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the Appendix to
this notice. To establish industry support, the petitioner provided
2018 shipments of the domestic like product for the U.S. producers that
support the Petition.\15\ The petitioner estimated the production of
the domestic like product for the entire domestic industry based on
shipment value data, because production quantity data for the entire
domestic industry are not available, and shipments are a close
approximation of production in the wooden cabinets and vanities
industry.\16\ The petitioner compared the shipments of the companies
supporting the Petition to the estimated total 2018 shipments of the
domestic like product for the entire domestic industry.\17\ We relied
on data provided by the petitioner for purposes of measuring industry
support.\18\
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\15\ See Volume I of the Petition, at 2-4 and Exhibits I-3, I-5,
and I-7; see also General Issues Supplement, at 10-14 and Exhibits
I-Supp-5, I-Supp-8 and I-Supp-12.
\16\ See Volume I of the Petition at 3 and Exhibits I-3, I-4 and
I-15; see also General Issues Supplement, at 9.
\17\ See General Issues Supplement, at 10, 13, and 14.
\18\ See Volume I of the Petition, at 2-4 and Exhibits I-3, I-4,
I-5, and I-7; see also General Issues Supplement, at 9-14 and
Exhibits I-Supp-5, I-Supp-8, I-Supp-10, I-Supp-11, and I-Supp-12.
For further discussion, see AD Initiation Checklist, at Attachment
II.
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On March 20, 2019, we received comments on industry support from
American Home Furnishings Alliance (AHFA), an alliance representing the
U.S. residential furniture industry, and Fabuwood Cabinetry Corp.
(Fabuwood), a U.S. importer.\19\ On March 22, 2019, we received
industry support comments from Huisen Furniture Longnan Co. Ltd.
(Huisen), a Chinese producer and exporter of living room floor-standing
furniture, and Kimball Hospitality Inc. (Kimball), a U.S. producer and
importer of hospitality furniture.\20\ The petitioner responded to the
industry support comments from AHFA, Fabuwood, Huisen, and Kimball on
March 25, 2019.\21\
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\19\ See AHFA's Letter, ``Wooden Cabinets and Vanities from the
People's Republic of China: Comments on Industry Support,'' dated
March 20, 2019 (AHFA's Letter). See Fabuwood's Letter, ``Wooden
Cabinets and Vanities from the People's Republic of China: Request
to Dismiss Petitions or Otherwise Postpone Initiation,'' dated March
20, 2019 (Fabuwood's Letter).
\20\ See Huisen's Letter, ``Wooden Cabinets and Vanities from
the People's Republic of China: Comments on Industry Support,''
dated March 22, 2019 (Huisen's Letter).
\21\ See Petitioner's Letter, ``Wooden, Cabinets and Vanities
from the People's Republic of China: Petitioners Response to Request
to Various Parties' Requests to Dismiss or Postpone,'' dated March
25, 2019 (Petitioner's Letter).
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Our review of the data provided in the Petition, the General Issues
Supplement, the Petitioner's Letter, and other information readily
available to Commerce indicates that the petitioner has established
industry support for the Petition.\22\ First, the Petition established
support from domestic producers (or workers) accounting for more than
50 percent of the total production of the domestic like product and, as
such, Commerce is not required to take further action in order to
evaluate industry support (e.g., polling).\23\ Second, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(i) of the Act because the domestic
producers (or workers) who support the Petition account for at least 25
percent of the total production of the domestic like product.\24\
Finally, the domestic producers (or workers) have met the statutory
criteria for industry support under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or workers) who support the Petition
account for more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the Petition.\25\ Accordingly, Commerce
determines that the Petition was filed on behalf of the domestic
industry within the meaning of section 732(b)(1) of the Act.
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\22\ See AD Initiation Checklist, at Attachment II.
\23\ See section 732(c)(4)(D) of the Act; see also AD Initiation
Checklist, at Attachment II.
\24\ See AD Initiation Checklist, at Attachment II.
\25\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\26\
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\26\ See General Issues Supplement, at 15-16 and Exhibits I-
Supp-10 and I-Supp-13.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
lost sales and revenues; closure of manufacturing facilities and
hindered planned expansion efforts due to market conditions caused by
subject imports; a decline in the domestic industry's U.S. production,
capacity utilization, commercial shipments, employment, and financial
performance; and the magnitude of the alleged dumping margins.\27\ We
have assessed the allegations and supporting evidence regarding
material injury, threat of material injury, causation, as well as
negligibility, and we have determined that these allegations are
properly supported by adequate evidence, and meet the statutory
requirements for initiation.\28\
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\27\ See Volume I of the Petitions, at 15-18, 21-35 and Exhibits
I-4, I-11 through I-29; see also General Issues Supplement, at 14-16
and Exhibits I-Supp-10 and I-Supp-13.
\28\ See AD Initiation Checklist, at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions Covering Wooden
Cabinets and Vanities from the People's Republic of China
(Attachment III).
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Allegations of Sales at Less Than Fair Value
The following is a description of the allegation of sales at LTFV
upon which Commerce based its decision to initiate an AD investigation
of imports of wooden cabinets and vanities from China. The sources of
data for the deductions and adjustments relating to U.S. price and
normal value (NV) are discussed in greater detail in the AD Initiation
Checklist.
Export Price
The petitioner based export price (EP) on an offer for sale for
wooden cabinets produced in China and offered for sale to a customer in
the United States.\29\ The petitioner made deductions from U.S. price
for foreign inland freight and foreign brokerage and handling
charges.\30\
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\29\ See Volume II of the Petition, at 3 and Exhibit II-2; see
also AD Supplement, at 1 and Exhibit II-Supp-2.
\30\ See Volume II of the Petition, at 5-7 and Exhibit II-3,
Exhibit II-7, Exhibit II-12; see also AD Supplement, at 3 and
Exhibit II-Supp-3, Exhibit II-Supp-4, Exhibit II-Supp-5.
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Normal Value
With respect to China, Commerce considers China to be an NME
country.\31\ In accordance with section
[[Page 12590]]
771(18)(C)(i) of the Act, any determination that a foreign country is
an NME country shall remain in effect until revoked by Commerce.
Therefore, we continue to treat China as an NME country for purposes of
the initiation of this investigation. Accordingly, NV in China is
appropriately based on FOPs valued in a surrogate market economy
country, in accordance with section 773(c) of the Act.\32\
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\31\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and
accompanying decision memorandum, China's Status as a Non-Market
Economy, unchanged in Certain Aluminum Foil from the People's
Republic of China: Final Determination of Sales at Less Than Fair
Value, 83 FR 9282 (March 5, 2018).
\32\ See AD Initiation Checklist.
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The Petition claims that Brazil is an appropriate surrogate country
for China because it is a market economy that is at a level of economic
development comparable to that of China and it is a significant
producer of comparable merchandise.\33\ The petitioner provided
publicly available information from Brazil to value all FOPs. Based on
the information provided by the petitioner, we determine that it is
appropriate to use Brazil as a surrogate country for initiation
purposes.
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\33\ Id. at 9-10 and Exhibit II-9, Exhibit II-10.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by the
Chinese producer/exporter was not reasonably available, the Petition
used the product-specific consumption rates of a U.S. wooden cabinets
and vanities producer as a surrogate to estimate the Chinese
manufacturer's FOPs.\34\ The Petition valued the estimated FOPs using
surrogate values from Brazil, as noted above. \35\ The Petition used an
average exchange rate to convert the data to U.S. dollars, where
applicable. The petitioner calculated factory overhead, selling,
general and administrative expenses, and profit based on the experience
of a Brazilian producer of wooden cabinets.\36\
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\34\ Id. at 2, 10-11 and Exhibit II-11, Exhibit II-12.
\35\ Id. at 14-17.
\36\ See Volume II of the Petition at 15-17 and Exhibit II-21
and Exhibit II-22.
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Fair Value Comparisons
Based on the data provided by the Petition, there is reason to
believe that imports of wooden cabinets and vanities from China are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV, in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for wooden cabinets and vanities
from China range from 177.36 to 262.18 percent.\37\
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\37\ See Second AD Supplement at Exhibit II-Supp-2-3; see also
AD Initiation Checklist.
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Initiation of LTFV Investigation
Based upon the examination of the Petition on wooden cabinets and
vanities from China, we find that the Petition meets the requirements
of section 732 of the Act. Therefore, we are initiating an AD
investigation to determine whether imports of wooden cabinets and
vanities from China are being, or are likely to be, sold in the United
States at LTFV. In accordance with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 140 days after the date of this initiation.
Respondent Selection
The petitioner named 727 companies in China as producers/exporters
of wooden cabinets and vanities.\38\ After considering our resources,
Commerce has determined that we do not have sufficient administrative
resources to issue quantity and value (Q&V) questionnaires to all 727
identified producers and exporters. Therefore, Commerce has determined
to limit the number of Q&V questionnaires we will send out to exporters
and producers identified in U.S. Customs and Border Protection (CBP)
data for U.S. imports of wooden cabinets and vanities during the POI
under the appropriate Harmonized Tariff Schedule of the United States
numbers listed in the ``Scope of the Investigation,'' in the Appendix.
Accordingly, Commerce will send Q&V questionnaires to the largest
producers and exporters that are identified in the CBP data for which
there is address information on the record.
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\38\ See Petition Volume I at Exhibit I-9; see also General
Issues Supplement at Exhibit I-Supp-1.
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On March 26, 2019, Commerce released CBP data on imports of wooden
cabinets and vanities from China under APO to all parties with access
to information protected by APO and indicated that interested parties
wishing to comment on the CBP data must do so within three business
days of the publication date of the notice of initiation of this
investigation.\39\ We further stated that we will not accept rebuttal
comments.
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\39\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Wooden Cabinets and Vanities from China: Release of U.S. Customs and
Border Protection Data;'' dated March 26, 2019.
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In addition, Commerce will post the Q&V questionnaire along with
filing instructions on the Enforcement and Compliance website at https://www.trade.gov/enforcement/news.asp. In accordance with our standard
practice for respondent selection in AD cases involving NME countries,
we intend to base respondent selection on the responses to the Q&V
questionnaire that we receive.
Producers/exporters of wooden cabinets and vanities from China that
do not receive Q&V questionnaires by mail may still submit a response
to the Q&V questionnaire and can obtain a copy from the Enforcement &
Compliance website. The Q&V response must be submitted by the relevant
China exporters/producers no later than April 15, 2019. All Q&V
responses must be filed electronically via ACCESS.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate-rate application.\40\
The specific requirements for submitting a separate-rate application in
the China investigation are outlined in detail in the application
itself, which is available on Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate
application will be due 30 days after publication of this initiation
notice.\41\ Exporters and producers who submit a separate-rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate-rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from China submit a
response to both the Q&V questionnaire and the separate-rate
application by the respective deadlines in order to receive
consideration for separate-rate status. Companies not filing a timely
Q&V response will not receive separate rate consideration.
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\40\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving Non-Market Economy Countries (April 5, 2005), available at
https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin
05.1).
\41\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME
[[Page 12591]]
investigation. The Separate Rates and Combination Rates Bulletin
states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the Department will now
assign in its NME Investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\42\
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\42\ See Policy Bulletin 05.1 at 6 (emphasis added).
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the government of China via ACCESS. Because of the
particularly large number of producers/exporters identified in the
Petition, Commerce considers the service of the public version of the
Petition to the foreign producers/exporters satisfied by delivery of
the public version to the government of China, consistent with 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of wooden cabinets and vanities from China are
materially injuring or threatening material injury to a U.S.
industry.\43\ A negative ITC determination will result in the
investigation being terminated.\44\ Otherwise, this investigation will
proceed according to statutory and regulatory time limits.
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\43\ See section 733(a) of the Act.
\44\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Any party, when submitting factual
information, must specify under which subsection of 19 CFR
351.102(b)(21) the information is being submitted \45\ and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\46\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Please review the regulations prior to
submitting factual information in this investigation.
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\45\ See 19 CFR 351.301(b).
\46\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\47\
Parties must use the certification formats provided in 19 CFR
351.303(g).\48\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\47\ See section 782(b) of the Act.
\48\ See also Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305. On January 22, 2008, Commerce published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to
participate in this investigation should ensure that they meet the
requirements of these procedures (e.g., the filing of letters of
appearance as discussed in 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: March 28, 2019.
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
Scope of the Investigation
The merchandise subject to this investigation consists of wooden
cabinets and vanities that are for permanent installation (including
floor mounted, wall mounted, ceiling hung or by attachment of
plumbing), and wooden components thereof. Wooden cabinets and
vanities and wooden components are made substantially of wood
products, including solid wood and engineered wood products
(including those made from wood particles, fibers, or other wooden
materials such as plywood, strand board, block board, particle
board, or fiberboard), or bamboo. Wooden cabinets and vanities
consist of a cabinet box (which typically includes a top, bottom,
sides, back, base blockers, ends/end panels, stretcher rails, toe
kicks, and/or shelves) and may or may not include a frame, door,
drawers and/or shelves. Subject merchandise includes wooden cabinets
and vanities with or without wood veneers, wood, paper or other
overlays, or laminates, with or without non-wood components or trim
such as metal, marble, glass, plastic, or other resins,
[[Page 12592]]
whether or not surface finished or unfinished, and whether or not
completed.
Wooden cabinets and vanities are covered by the investigation
whether or not they are imported attached to, or in conjunction
with, faucets, metal plumbing, sinks and/or sink bowls, or
countertops. If wooden cabinets or vanities are imported attached
to, or in conjunction with, such merchandise, only the wooden
cabinet or vanity is covered by the scope.
Subject merchandise includes the following wooden component
parts of cabinets and vanities: (1) Wooden cabinet and vanity frames
(2) wooden cabinet and vanity boxes (which typically include a top,
bottom, sides, back, base blockers, ends/end panels, stretcher
rails, toe kicks, and/or shelves), (3) wooden cabinet or vanity
doors, (4) wooden cabinet or vanity drawers and drawer components
(which typically include sides, backs, bottoms, and faces), (5) back
panels and end panels, (6) and desks, shelves, and tables that are
attached to or incorporated in the subject merchandise.
Subject merchandise includes all unassembled, assembled and/or
``ready to assemble'' (RTA) wooden cabinets and vanities, also
commonly known as ``flat packs,'' except to the extent such
merchandise is already covered by the scope of antidumping and
countervailing duty orders on Hardwood Plywood from the People's
Republic of China. See Certain Hardwood Plywood Products from the
People's Republic of China: Amended Final Determination of Sales at
Less Than Fair Value, and Antidumping Duty Order, 83 FR 504 (January
4, 2018); Certain Hardwood Plywood Products from the People's
Republic of China: Countervailing Duty Order, 83 FR 513 (January 4,
2018). RTA wooden cabinets and vanities are defined as cabinets or
vanities packaged so that at the time of importation they may
include: (1) Wooden components required to assemble a cabinet or
vanity (including drawer faces and doors); and (2) parts (e.g.,
screws, washers, dowels, nails, handles, knobs, adhesive glues)
required to assemble a cabinet or vanity. RTAs may enter the United
States in one or in multiple packages.
Subject merchandise also includes wooden cabinets and vanities
and in-scope components that have been further processed in a third
country, including but not limited to one or more of the following:
trimming, cutting, notching, punching, drilling, painting, staining,
finishing, assembly, 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.
Excluded from the scope of this investigation, if entered
separate from a wooden cabinet or vanity are:
(1) Aftermarket accessory items which may be added to or
installed into an interior of a cabinet and which are not considered
a structural or core component of a wooden cabinet or vanity.
Aftermarket accessory items may be made of wood, metal, plastic,
composite material, or a combination thereof that can be inserted
into a cabinet and which are utilized in the function of
organization/accessibility on the interior of a cabinet; and
include:
Inserts or dividers which are placed into drawer boxes
with the purpose of organizing or dividing the internal portion of
the drawer into multiple areas for the purpose of containing smaller
items such as cutlery, utensils, bathroom essentials, etc.
Round or oblong inserts that rotate internally in a
cabinet for the purpose of accessibility to foodstuffs, dishware,
general supplies, etc.
(2) Solid wooden accessories including corbels and rosettes,
which serve the primary purpose of decoration and personalization.
(3) Non-wooden cabinet hardware components including metal
hinges, brackets, catches, locks, drawer slides, fasteners (nails,
screws, tacks, staples), handles, and knobs.
Also excluded from the scope of this investigation are:
(1) All products covered by the scope of the antidumping duty
order on Wooden Bedroom Furniture from the People's Republic of
China. See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture
From the People's Republic of China, 70 FR 329 (January 4, 2005).
(2) All products covered by the scope of the antidumping and
countervailing duty orders on Hardwood Plywood from the People's
Republic of China. See Certain Hardwood Plywood Products from the
People's Republic of China: Amended Final Determination of Sales at
Less Than Fair Value, and Antidumping Duty Order, 83 FR 504 (January
4, 2018); Certain Hardwood Plywood Products from the People's
Republic of China: Countervailing Duty Order, 83 FR. 513 (January 4,
2018).
Imports of subject merchandise are classified under Harmonized
Tariff Schedule of the United States (HTSUS) statistical numbers
9403.40.9060 and 9403.60.8081. The subject component parts of wooden
cabinets and vanities may be entered into the United States under
HTSUS statistical number 9403.90.7080. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this investigation is
dispositive.
[FR Doc. 2019-06388 Filed 4-1-19; 8:45 am]
BILLING CODE 3510-DS-P
