Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders, 27081-27084 [2019-12285]

Download as PDF Federal Register / Vol. 84, No. 112 / Tuesday, June 11, 2019 / Notices DEPARTMENT OF COMMERCE khammond on DSKBBV9HB2PROD with NOTICES Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). Agency: Committee for the Implementation of Textile Agreements. Title: Interim Procedures for Considering Requests under the Commercial Availability Provision of the United States—Peru Trade Promotion Agreement Implementation Act. Form Number(s): N/A. OMB Control Number: 0625–0265. Type of Request: Regular submission. Number of Respondents: 16 (10 for Requests; 3 for Responses; 3 for Rebuttals). Average Hours per Response: 8 hours per Request; 2 hours per Response; and 1 hour per Rebuttal. Burden Hours: 89. Needs and Uses: The United States and Peru negotiated the U.S.-Peru Trade Promotion Agreement (the Agreement), which entered into force on February 1, 2009. Subject to the rules of origin in Annex 4.1 of the Agreement, pursuant to the textile provisions of the Agreement, a fabric, yarn, or fiber produced in Peru or the United States and traded between the two countries is entitled to duty-free tariff treatment. Annex 3–B of the Agreement also lists specific fabrics, yarns, and fibers that the two countries agreed are not available in commercial quantities in a timely manner from producers in Peru or the United States. The items listed in Annex 3–B are commercially unavailable fabrics, yarns, and fibers. Articles containing these items are entitled to duty-free or preferential treatment despite containing inputs not produced in Peru or the United States. The list of commercially unavailable fabrics, yarns, and fibers may be changed pursuant to the commercial availability provision in Chapter 3, Article 3.3, Paragraphs 5–7 of the Agreement. Section 203(o) of the Act implements the commercial availability provision of the Agreement. Under this provision, interested entities from Peru or the United States have the right to request that a specific fabric, yarn, or fiber be added to, or removed from, the list of commercially unavailable fabrics, yarns, and fibers in Annex 3–B. Section 203(o) of the Act provides that the President may modify the list of VerDate Sep<11>2014 17:36 Jun 10, 2019 Jkt 247001 fabrics, yarns, and fibers in Annex 3–B by determining whether additional fabrics, yarns, or fibers are not available in commercial quantities in a timely manner in the United States or Peru, and that the President will issue procedures governing the submission of requests and providing an opportunity for interested entities to submit comments. The President delegated the responsibility for publishing the procedures and administering commercial availability requests to CITA, which issues procedures and acts on requests through the U.S. Department of Commerce, Office of Textiles and Apparel (OTEXA) (See Proclamation No. 8341, 74 FR 4105, Jan. 22, 2009). Interim procedures to implement these responsibilities were published in the Federal Register on August 14, 2009. (See Interim Procedures for Considering Requests Under the Commercial Availability Provision of the United States-Peru Trade Promotion Agreement Implementation Act and Estimate of Burden for Collection of Information, 74 FR 41111, Aug. 14, 2009) (Commercial Availability Procedures). The intent of the Commercial Availability Procedures is to foster the use of U.S. and regional products by implementing procedures that allow products to be placed on or removed from a product list, on a timely basis, and in a manner that is consistent with normal business practice. The procedures are intended to facilitate the transmission of requests; allow the market to indicate the availability of the supply of products that are the subject of requests; make available promptly, to interested entities and the public, information regarding the requests for products and offers received for those products; ensure wide participation by interested entities and parties; allow for careful review and consideration of information provided to substantiate requests and responses; and provide timely public dissemination of information used by CITA in making commercial availability determinations. CITA must collect certain information about fabric, yarn, or fiber technical specifications and the production capabilities of Peruvian and U.S. textile producers to determine whether certain fabrics, yarns, or fibers are available in commercial quantities in a timely manner in the United States or Peru, subject to Section 203(o) of the Act. Affected Public: Business or other forprofit. Frequency: Varies. Respondent’s Obligation: Voluntary. This information collection request may be viewed at reginfo.gov. Follow PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 27081 the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2019–12242 Filed 6–10–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–051, C–570–052] Certain Hardwood Plywood Products From the People’s Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain hardwood plywood with face and back veneers of radiata and/or agathis pine that: (1) Has a Toxic Substances Control Act (TSCA) or California Air Resources Board (CARB) label certifying that it is compliant with TSCA/CARB requirements; and (2) is made with a resin, the majority of which is comprised of one or more of three product types—urea formaldehyde, polyvinyl acetate, and/or soy—(inquiry merchandise), exported from the People’s Republic of China (China), is circumventing the antidumping (AD) and countervailing duty (CVD) orders on certain hardwood plywood products from China. DATES: Applicable June 11, 2019. FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, or Hannah Falvey 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) 482–0652, or (202) 482–4889 respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 21, 2018, Commerce published in the Federal Register the notice of initiation of this anti- E:\FR\FM\11JNN1.SGM 11JNN1 27082 Federal Register / Vol. 84, No. 112 / Tuesday, June 11, 2019 / Notices circumvention inquiry.1 For a complete description of the events that followed the initiation of this inquiry, see the Preliminary Decision Memorandum.2 A list of topics included in the Preliminary Decision Memorandum is included at Appendix I to this notice. The Preliminary 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 registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Orders The products covered by the Orders are certain hardwood plywood products.3 For a complete description of the scope of the Orders, see the Preliminary Decision Memorandum.4 khammond on DSKBBV9HB2PROD with NOTICES Scope of the Anti-Circumvention Inquiry This anti-circumvention inquiry covers certain plywood products with face and back veneers of radiata and/or agathis pine that: (1) TSCA or CARB label certifying that it is compliant with TSCA/CARB requirements; and (2) is made with a resin, the majority of which is comprised of one or more of the following three product types: Urea formaldehyde, polyvinyl acetate, and/or soy exported from China. This preliminary ruling applies to all shipments of inquiry merchandise on or after the date of the initiation of this inquiry. Importers and exporters of plywood from China with both outer veneers made of a softwood species of 1 See Certain Hardwood Plywood Products from the People’s Republic of China: Initiation of AntiCircumvention Inquiry on the Antidumping Duty and Countervailing Duty Orders, 83 FR 47883 (September 21, 2018) (Initiation Notice). 2 See Memorandum, ‘‘Preliminary Decision Memorandum for the Anti-Circumvention Inquiry on the Antidumping and Countervailing Duty Orders on Certain Hardwood Plywood Products from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 3 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) and Certain Hardwood Plywood Products from the People’s Republic of China: Countervailing Duty Order, 82 FR 513 (January 4, 2018) (collectively, Orders). 4 See Preliminary Decision Memorandum. VerDate Sep<11>2014 17:36 Jun 10, 2019 Jkt 247001 wood (softwood plywood products), must certify that the softwood plywood products do not meet all three of the following criteria: (1) Have both outer veneers of radiata and/or agathis pine; (2) are made with a resin, the majority of which is comprised of urea formaldehyde, polyvinyl acetate, and/or soy; and (3) have a TSCA or CARB label certifying that they are compliant with TSCA/CARB requirements, as provided for in the certifications in the appendices to this Federal Register notice. Methodology Commerce is conducting this anticircumvention inquiry in accordance with section 781(d) of the Act. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Preliminary Finding As detailed in the Preliminary Decision Memorandum, we preliminarily determine that the inquiry merchandise exported from China is circumventing the Orders. As such, we preliminarily determine that it is appropriate to include this merchandise within the Orders and to instruct U.S. Customs and Border Protection (CBP) to suspend any entries of inquiry merchandise from China that entered the United States on or after the date of the initiation of this inquiry. Suspension of Liquidation In accordance with 19 CFR 351.225(l)(2), Commerce will direct CBP to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of inquiry merchandise that were entered, or withdrawn from warehouse, for consumption on or after September 18, 2018, the date of initiation of the anticircumvention inquiry. The suspension of liquidation instructions will remain in effect until further notice. Commerce will instruct CBP to require AD cash deposits equal to the China-wide rate of 182.90 percent and CVD cash deposits equal to the rate established for the China all-others rate of 22.98 percent, unless the importer/ exporter can certify to CBP that the Chinese-origin inquiry merchandise was supplied by a Chinese manufacturer with a company-specific separate rate. In that instance, the cash deposit rate will be the rate of the Chinese inquiry merchandise manufacturer that has its own rate.5 5 See, e.g., Glycine from the People’s Republic of China: Preliminary Partial Affirmative PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last final verification report is issued in this anticircumvention inquiry, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.6 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this anti-circumvention inquiry are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. International Trade Commission Notification Commerce, consistent with section 781(e) of the Act, has notified the International Trade Commission (ITC) of this preliminary determination to include the merchandise subject to this anti-circumvention inquiry within the Orders. Pursuant to section 781(e) of the Act, the ITC may request consultations concerning Commerce’s proposed inclusion of the inquiry merchandise. If, after consultations, the ITC believes that a significant injury issue is presented by the proposed inclusion, it will have 60 days from the date of notification by Commerce to provide written advice. Determination of Circumvention of the Antidumping Duty Order and Initiation of Scope Inquiry, 77 FR 21532, 21535 (April 10, 2012), unchanged in Glycine from the People’s Republic of China: Final Partial Affirmative Determination of Circumvention of the Antidumping Duty Order, 77 FR 73426 (December 10, 2012). 6 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). E:\FR\FM\11JNN1.SGM 11JNN1 Federal Register / Vol. 84, No. 112 / Tuesday, June 11, 2019 / Notices Notification to Interested Parties This determination is issued and published in accordance with section 781(d) of the Act and 19 CFR 351.225(j). Dated: June 4, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Scope of the Anti-Circumvention Inquiry V. Analytical Framework for Later-Developed Merchandise Anti-Circumvention Inquiry VI. Analysis VII. Additional Analysis VIII. Anti-Circumvention Determination IX. Certification Program X. Recommendation khammond on DSKBBV9HB2PROD with NOTICES Appendix II If an importer imports plywood from China with outer veneers both made of softwood plywood, and claims that its softwood plywood products produced in China do not meet all three of the following criteria: (1) Have both outer veneers of radiata and/or agathis pine; (2) are made with a resin, the majority of which is comprised of urea formaldehyde, polyvinyl acetate, and/or soy; and (3) have a Toxic Substances Control Act (TSCA) or California Air Resources Board (CARB) label certifying that they are compliant with TSCA/CARB requirements, then the importer is required to complete and maintain the importer certification attached hereto as Appendix III. The importer and exporter are required to maintain the exporter certification attached hereto as Appendix IV. The importer certification must be completed, signed, and dated at the time of the entry of the plywood product. The exporter certification must be completed, signed, and dated at the time of shipment of the relevant entries. For shipments and/or entries on or after June 4, 2019, but before the publication of this notice in the Federal Register, for which certifications are required, importers and exporters should complete the required certification within 30 days of the publication of this notice in the Federal Register. The importer and Chinese exporter are also required to maintain sufficient documentation supporting their certifications. The importer will not be required to submit the certifications or supporting documentation to CBP as part of the entry process. However, the importer and the exporter will be required to present the certifications and supporting documentation to the Department of Commerce (Commerce) and/or U.S. Customs and Border Protection (CBP), as applicable, upon request by the respective agency. Additionally, the claims made in the certifications and any supporting documentation are subject to verification by Commerce and/or CBP. The importer and exporter are required to maintain the VerDate Sep<11>2014 17:36 Jun 10, 2019 Jkt 247001 certifications and supporting documentation for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries. If it is determined that the certification and/ or documentation requirements in a certification have not been met, Commerce intends to instruct CBP to suspend, under the China Plywood orders (A–570–051, C–570– 052), all unliquidated entries for which these requirements were not met and require the importer to post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits equal to the rates as determined by Commerce. Entries suspended under A–570–051 and C–570–052 will be liquidated pursuant to applicable administrative reviews of the China orders or through the automatic liquidation process. Appendix II Importer Certification I hereby certify that: • My name is {INSERT COMPANY OFFICIAL’S NAME} and I am an official of {IMPORTING COMPANY}; • This certification pertains to {INSERT ENTRY NUMBER(S), ENTRY LINE NUMBER(S), AND PRODUCT CODE(S) REFERENCED ON ENTRY SUMMARY}; • I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the plywood with both outer veneers made of a softwood species of wood (softwood plywood products) produced in the People’s Republic of China (China) that entered under entry number(s) {INSERT ENTRY NUMBER(S)} and are covered by this certification. ‘‘Direct personal knowledge’’ for purposes of this certification refers to facts in records maintained by the importing company in the normal course of its business. The importer should have ‘‘direct personal knowledge’’ of the importation of the product (e.g., the name of the exporter) in its records; • I have personal knowledge of the facts regarding the production of the imported softwood plywood products covered by this certification. ‘‘Personal knowledge’’ for purposes of this certification includes facts obtained from another party (e.g., correspondence received by the importer (or exporter) from the producer regarding the materials used to produce the imported softwood plywood products); • The softwood plywood products produced in China that are covered by this certification are not subject to the orders on certain hardwood plywood products from China because they do not meet all three of the following criteria: (1) Have both outer veneers of radiata and/or agathis pine; (2) are made with a resin, the majority of which is comprised of urea formaldehyde, polyvinyl acetate, and/or soy; and (3) have a Toxic Substances Control Act (TSCA) or California Air Resources Board (CARB) label certifying that they are compliant with TSCA/CARB requirements; • I understand that {INSERT IMPORTING COMPANY NAME} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 27083 course of business, or documents obtained by the certifying party, for example, mill certificates, productions records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries; • I understand that {INSERT IMPORTING COMPANY NAME} is required to provide this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce); • I understand that {INSERT IMPORTING COMPANY NAME} is required to maintain a copy of the Exporter’s Certification for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries; • I understand that {INSERT IMPORTING COMPANY NAME} is required to maintain and provide a copy of the Exporter’s Certification and supporting records, upon request, to CBP and/or Commerce; • I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; • I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in: Æ Suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met, and Æ the requirement that the importer post applicable antidumping duty (AD) and/or countervailing duty (CVD) cash deposits (as appropriate) equal to the rates determined by Commerce; • I understand that agents of the importer, such as brokers, are not permitted to make this certification; • This certification was completed at the time of filing the entry summary for the relevant importation; and • I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. lllllllllllllllllllll NAME OF COMPANY OFFICIAL lllllllllllllllllllll SIGNATURE lllllllllllllllllllll TITLE lllllllllllllllllllll DATE Appendix IV Exporter Certification I hereby certify that: • My name is {INSERT COMPANY OFFICIAL’S NAME HERE} and I am an official of {INSERT NAME OF EXPORTING COMPANY}; • I have direct personal knowledge of the facts regarding the production and exportation of the plywood with both outer veneers made of a softwood species of wood (softwood plywood products) identified below; E:\FR\FM\11JNN1.SGM 11JNN1 khammond on DSKBBV9HB2PROD with NOTICES 27084 Federal Register / Vol. 84, No. 112 / Tuesday, June 11, 2019 / Notices • The softwood plywood products produced in China that are covered by this certification are not subject to the orders on certain hardwood plywood products from China because they do not meet all three of the following criteria: (1) Have both outer veneers of radiata and/or agathis pine; (2) are made with a resin, the majority of which is comprised of urea formaldehyde, polyvinyl acetate, and/or soy; and (3) have a Toxic Substances Control Act (TSCA) or California Air Resources Board (CARB) label certifying that they are compliant with TSCA/CARB requirements; • I understand that {INSERT NAME OF EXPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries; • I understand that {INSERT NAME OF EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer at the time of shipment; • I understand that {INSERT NAME OF EXPORTING COMPANY} is required to provide a copy of this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce); • I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/or Commerce; • I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in: Æ Suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met and Æ the requirement that the importer post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits equal to the rates as determined by Commerce; • This certification was completed at or prior to the time of shipment; and • I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. lllllllllllllllllllll NAME OF COMPANY OFFICIAL lllllllllllllllllllll SIGNATURE lllllllllllllllllllll TITLE lllllllllllllllllllll DATE [FR Doc. 2019–12285 Filed 6–10–19; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:36 Jun 10, 2019 Jkt 247001 DEPARTMENT OF COMMERCE International Trade Administration [C–570–926] Sodium Nitrite From the People’s Republic of China: Final Results of the Expedited Second Five Year (Sunset) Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on sodium nitrite from the People’s Republic of China (China) would be likely to lead to the continuation or recurrence of a countervailable subsidy at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. AGENCY: DATES: Applicable June 11, 2019. Leo Ayala or Jacqueline Arrowsmith, Office VII, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3945 or (202) 482–5255, respectively. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background On August 27, 2008, Commerce published the CVD order on sodium nitrite from China.1 On February 5, 2019, Commerce published the notice of initiation for the second sunset review of the CVD Order, pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).2 Subsequently, Commerce received a notice of intent to participate from Chemtrade Chemicals US LLC (Chemtrade), a domestic interested party, within the deadline specified in 19 CFR 351.218(d)(1)(i).3 Chemtrade claimed interested party status under section 771(9)(C) of the Act, as a producer of a domestic like product in the United States. In addition, Commerce received a complete substantive response to the notice of initiation from the petitioner 1 See Sodium Nitrite from the People’s Republic of China: Countervailing Duty Order, 73 FR 50595 (August 27, 2008) (CVD Order). 2 See Initiation of Five-Year (Sunset) Reviews, 84 FR 1705 (February 5, 2019). 3 See Chemtrade’s Letter, ‘‘Sodium Nitrite from China: Notice of Intent to Participate,’’ dated February 21, 2019. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 Commerce did not receive a response from the Government of the People’s Republic of China or any respondent interested parties. On March 20, 2019, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited (120-day) sunset review of the CVD Order. Scope of the Order The merchandise covered by this order is sodium nitrite in any form, at any purity level. A full description of the scope of the CVD Order is contained in the Issues and Decision Memorandum, which is hereby adopted by this notice.6 Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. The issues discussed include the likelihood of continuation or recurrence of a countervailable subsidy and the net countervailable subsidy rate likely to prevail if the CVD Order were revoked. A list of the topics discussed in the Issues and Decision Memorandum is attached to this notice as an Appendix. The Issues and 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 registered users at http:// access.trade.gov and in the Central Records Unit, Room B–8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. 4 See Chemtrade’s Letter, ‘‘Sodium Nitrite from Germany and China: Substantive Response to Notice of Initiation of Five-Year (Sunset) Review of the Antidumping Duty Orders and Countervailing Duty Order,’’ dated March 7, 2019. 5 See Letter from Commerce to the ITC, ‘‘Sunset Review Initiated on February 5, 2019 Applicable to January 2019,’’ dated March 20, 2019. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Second Sunset Review of the Countervailing Duty Order on Sodium Nitrite from the People’s Republic of China,’’ dated concurrently with and adopted by this notice (Issues and Decision Memorandum). E:\FR\FM\11JNN1.SGM 11JNN1

Agencies

[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Notices]
[Pages 27081-27084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12285]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-051, C-570-052]


Certain Hardwood Plywood Products From the People's Republic of 
China: Preliminary Affirmative Determination of Circumvention of the 
Antidumping Duty and Countervailing Duty Orders

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain hardwood plywood with face and back veneers of radiata 
and/or agathis pine that: (1) Has a Toxic Substances Control Act (TSCA) 
or California Air Resources Board (CARB) label certifying that it is 
compliant with TSCA/CARB requirements; and (2) is made with a resin, 
the majority of which is comprised of one or more of three product 
types--urea formaldehyde, polyvinyl acetate, and/or soy--(inquiry 
merchandise), exported from the People's Republic of China (China), is 
circumventing the antidumping (AD) and countervailing duty (CVD) orders 
on certain hardwood plywood products from China.

DATES: Applicable June 11, 2019.

FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, or Hannah Falvey 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) 482-0652, or (202) 
482-4889 respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 21, 2018, Commerce published in the Federal Register 
the notice of initiation of this anti-

[[Page 27082]]

circumvention inquiry.\1\ For a complete description of the events that 
followed the initiation of this inquiry, see the Preliminary Decision 
Memorandum.\2\ A list of topics included in the Preliminary Decision 
Memorandum is included at Appendix I to this notice. The Preliminary 
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 
registered users at https://access.trade.gov, and to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Initiation of Anti-Circumvention Inquiry on the 
Antidumping Duty and Countervailing Duty Orders, 83 FR 47883 
(September 21, 2018) (Initiation Notice).
    \2\ See Memorandum, ``Preliminary Decision Memorandum for the 
Anti-Circumvention Inquiry on the Antidumping and Countervailing 
Duty Orders on Certain Hardwood Plywood Products from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by the Orders are certain hardwood plywood 
products.\3\ For a complete description of the scope of the Orders, see 
the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------

    \3\ 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) 
and Certain Hardwood Plywood Products from the People's Republic of 
China: Countervailing Duty Order, 82 FR 513 (January 4, 2018) 
(collectively, Orders).
    \4\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Scope of the Anti-Circumvention Inquiry

    This anti-circumvention inquiry covers certain plywood products 
with face and back veneers of radiata and/or agathis pine that: (1) 
TSCA or CARB label certifying that it is compliant with TSCA/CARB 
requirements; and (2) is made with a resin, the majority of which is 
comprised of one or more of the following three product types: Urea 
formaldehyde, polyvinyl acetate, and/or soy exported from China. This 
preliminary ruling applies to all shipments of inquiry merchandise on 
or after the date of the initiation of this inquiry. Importers and 
exporters of plywood from China with both outer veneers made of a 
softwood species of wood (softwood plywood products), must certify that 
the softwood plywood products do not meet all three of the following 
criteria: (1) Have both outer veneers of radiata and/or agathis pine; 
(2) are made with a resin, the majority of which is comprised of urea 
formaldehyde, polyvinyl acetate, and/or soy; and (3) have a TSCA or 
CARB label certifying that they are compliant with TSCA/CARB 
requirements, as provided for in the certifications in the appendices 
to this Federal Register notice.

Methodology

    Commerce is conducting this anti-circumvention inquiry in 
accordance with section 781(d) of the Act. For a full description of 
the methodology underlying Commerce's preliminary determination, see 
the Preliminary Decision Memorandum.

Preliminary Finding

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine that the inquiry merchandise exported from 
China is circumventing the Orders. As such, we preliminarily determine 
that it is appropriate to include this merchandise within the Orders 
and to instruct U.S. Customs and Border Protection (CBP) to suspend any 
entries of inquiry merchandise from China that entered the United 
States on or after the date of the initiation of this inquiry.

Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2), Commerce will direct CBP 
to suspend liquidation and to require a cash deposit of estimated 
duties on unliquidated entries of inquiry merchandise that were 
entered, or withdrawn from warehouse, for consumption on or after 
September 18, 2018, the date of initiation of the anti-circumvention 
inquiry.
    The suspension of liquidation instructions will remain in effect 
until further notice. Commerce will instruct CBP to require AD cash 
deposits equal to the China-wide rate of 182.90 percent and CVD cash 
deposits equal to the rate established for the China all-others rate of 
22.98 percent, unless the importer/exporter can certify to CBP that the 
Chinese-origin inquiry merchandise was supplied by a Chinese 
manufacturer with a company-specific separate rate. In that instance, 
the cash deposit rate will be the rate of the Chinese inquiry 
merchandise manufacturer that has its own rate.\5\
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    \5\ See, e.g., Glycine from the People's Republic of China: 
Preliminary Partial Affirmative Determination of Circumvention of 
the Antidumping Duty Order and Initiation of Scope Inquiry, 77 FR 
21532, 21535 (April 10, 2012), unchanged in Glycine from the 
People's Republic of China: Final Partial Affirmative Determination 
of Circumvention of the Antidumping Duty Order, 77 FR 73426 
(December 10, 2012).
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Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last final verification report is 
issued in this anti-circumvention inquiry, unless the Secretary alters 
the time limit. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this anti-
circumvention inquiry are encouraged to submit with each argument: (1) 
A statement of the issue; (2) a brief summary of the argument; and (3) 
a table of authorities.
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    \6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined.

International Trade Commission Notification

    Commerce, consistent with section 781(e) of the Act, has notified 
the International Trade Commission (ITC) of this preliminary 
determination to include the merchandise subject to this anti-
circumvention inquiry within the Orders. Pursuant to section 781(e) of 
the Act, the ITC may request consultations concerning Commerce's 
proposed inclusion of the inquiry merchandise. If, after consultations, 
the ITC believes that a significant injury issue is presented by the 
proposed inclusion, it will have 60 days from the date of notification 
by Commerce to provide written advice.

[[Page 27083]]

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(d) of the Act and 19 CFR 351.225(j).

    Dated: June 4, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Scope of the Anti-Circumvention Inquiry
V. Analytical Framework for Later-Developed Merchandise Anti-
Circumvention Inquiry
VI. Analysis
VII. Additional Analysis
VIII. Anti-Circumvention Determination
IX. Certification Program
X. Recommendation

Appendix II

    If an importer imports plywood from China with outer veneers 
both made of softwood plywood, and claims that its softwood plywood 
products produced in China do not meet all three of the following 
criteria: (1) Have both outer veneers of radiata and/or agathis 
pine; (2) are made with a resin, the majority of which is comprised 
of urea formaldehyde, polyvinyl acetate, and/or soy; and (3) have a 
Toxic Substances Control Act (TSCA) or California Air Resources 
Board (CARB) label certifying that they are compliant with TSCA/CARB 
requirements, then the importer is required to complete and maintain 
the importer certification attached hereto as Appendix III.
    The importer and exporter are required to maintain the exporter 
certification attached hereto as Appendix IV. The importer 
certification must be completed, signed, and dated at the time of 
the entry of the plywood product. The exporter certification must be 
completed, signed, and dated at the time of shipment of the relevant 
entries. For shipments and/or entries on or after June 4, 2019, but 
before the publication of this notice in the Federal Register, for 
which certifications are required, importers and exporters should 
complete the required certification within 30 days of the 
publication of this notice in the Federal Register. The importer and 
Chinese exporter are also required to maintain sufficient 
documentation supporting their certifications. The importer will not 
be required to submit the certifications or supporting documentation 
to CBP as part of the entry process. However, the importer and the 
exporter will be required to present the certifications and 
supporting documentation to the Department of Commerce (Commerce) 
and/or U.S. Customs and Border Protection (CBP), as applicable, upon 
request by the respective agency. Additionally, the claims made in 
the certifications and any supporting documentation are subject to 
verification by Commerce and/or CBP. The importer and exporter are 
required to maintain the certifications and supporting documentation 
for the later of (1) a period of five years from the date of entry 
or (2) a period of three years after the conclusion of any 
litigation in United States courts regarding such entries. If it is 
determined that the certification and/or documentation requirements 
in a certification have not been met, Commerce intends to instruct 
CBP to suspend, under the China Plywood orders (A-570-051, C-570-
052), all unliquidated entries for which these requirements were not 
met and require the importer to post applicable antidumping duty 
(AD) and countervailing duty (CVD) cash deposits equal to the rates 
as determined by Commerce. Entries suspended under A-570-051 and C-
570-052 will be liquidated pursuant to applicable administrative 
reviews of the China orders or through the automatic liquidation 
process.

Appendix II

Importer Certification

    I hereby certify that:
     My name is {INSERT COMPANY OFFICIAL'S NAME{time}  and I 
am an official of {IMPORTING COMPANY{time} ;
     This certification pertains to {INSERT ENTRY NUMBER(S), 
ENTRY LINE NUMBER(S), AND PRODUCT CODE(S) REFERENCED ON ENTRY 
SUMMARY{time} ;
     I have direct personal knowledge of the facts regarding 
the importation into the Customs territory of the United States of 
the plywood with both outer veneers made of a softwood species of 
wood (softwood plywood products) produced in the People's Republic 
of China (China) that entered under entry number(s) {INSERT ENTRY 
NUMBER(S){time}  and are covered by this certification. ``Direct 
personal knowledge'' for purposes of this certification refers to 
facts in records maintained by the importing company in the normal 
course of its business. The importer should have ``direct personal 
knowledge'' of the importation of the product (e.g., the name of the 
exporter) in its records;
     I have personal knowledge of the facts regarding the 
production of the imported softwood plywood products covered by this 
certification. ``Personal knowledge'' for purposes of this 
certification includes facts obtained from another party (e.g., 
correspondence received by the importer (or exporter) from the 
producer regarding the materials used to produce the imported 
softwood plywood products);
     The softwood plywood products produced in China that 
are covered by this certification are not subject to the orders on 
certain hardwood plywood products from China because they do not 
meet all three of the following criteria: (1) Have both outer 
veneers of radiata and/or agathis pine; (2) are made with a resin, 
the majority of which is comprised of urea formaldehyde, polyvinyl 
acetate, and/or soy; and (3) have a Toxic Substances Control Act 
(TSCA) or California Air Resources Board (CARB) label certifying 
that they are compliant with TSCA/CARB requirements;
     I understand that {INSERT IMPORTING COMPANY NAME{time}  
is required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, mill certificates, productions 
records, invoices, etc.) for the later of (1) a period of five years 
from the date of entry or (2) a period of three years after the 
conclusion of any litigation in the United States courts regarding 
such entries;
     I understand that {INSERT IMPORTING COMPANY NAME{time}  
is required to provide this certification and supporting records, 
upon request, to U.S. Customs and Border Protection (CBP) and/or the 
Department of Commerce (Commerce);
     I understand that {INSERT IMPORTING COMPANY NAME{time}  
is required to maintain a copy of the Exporter's Certification for 
the later of (1) a period of five years from the date of entry or 
(2) a period of three years after the conclusion of any litigation 
in United States courts regarding such entries;
     I understand that {INSERT IMPORTING COMPANY NAME{time}  
is required to maintain and provide a copy of the Exporter's 
Certification and supporting records, upon request, to CBP and/or 
Commerce;
     I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
     I understand that failure to maintain the required 
certification and/or failure to substantiate the claims made herein 
will result in:
    [cir] Suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met, and
    [cir] the requirement that the importer post applicable 
antidumping duty (AD) and/or countervailing duty (CVD) cash deposits 
(as appropriate) equal to the rates determined by Commerce;
     I understand that agents of the importer, such as 
brokers, are not permitted to make this certification;
     This certification was completed at the time of filing 
the entry summary for the relevant importation; and
     I am aware that U.S. law (including, but not limited 
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who 
knowingly and willfully make material false statements to the U.S. 
government.

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NAME OF COMPANY OFFICIAL

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SIGNATURE

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TITLE

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DATE

Appendix IV

Exporter Certification

    I hereby certify that:
     My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time}  
and I am an official of {INSERT NAME OF EXPORTING COMPANY{time} ;
     I have direct personal knowledge of the facts regarding 
the production and exportation of the plywood with both outer 
veneers made of a softwood species of wood (softwood plywood 
products) identified below;

[[Page 27084]]

     The softwood plywood products produced in China that 
are covered by this certification are not subject to the orders on 
certain hardwood plywood products from China because they do not 
meet all three of the following criteria: (1) Have both outer 
veneers of radiata and/or agathis pine; (2) are made with a resin, 
the majority of which is comprised of urea formaldehyde, polyvinyl 
acetate, and/or soy; and (3) have a Toxic Substances Control Act 
(TSCA) or California Air Resources Board (CARB) label certifying 
that they are compliant with TSCA/CARB requirements;
     I understand that {INSERT NAME OF EXPORTING 
COMPANY{time}  is required to maintain a copy of this certification 
and sufficient documentation supporting this certification for the 
later of (1) a period of five years from the date of entry or (2) a 
period of three years after the conclusion of any litigation in the 
United States courts regarding such entries;
     I understand that {INSERT NAME OF EXPORTING 
COMPANY{time}  must provide this Exporter Certification to the U.S. 
importer at the time of shipment;
     I understand that {INSERT NAME OF EXPORTING 
COMPANY{time}  is required to provide a copy of this certification 
and supporting records, upon request, to U.S. Customs and Border 
Protection (CBP) and/or the Department of Commerce (Commerce);
     I understand that the claims made herein, and the 
substantiating documentation are subject to verification by CBP and/
or Commerce;
     I understand that failure to maintain the required 
certification and/or failure to substantiate the claims made herein 
will result in:
    [cir] Suspension of all unliquidated entries (and entries for 
which liquidation has not become final) for which these requirements 
were not met and
    [cir] the requirement that the importer post applicable 
antidumping duty (AD) and countervailing duty (CVD) cash deposits 
equal to the rates as determined by Commerce;
     This certification was completed at or prior to the 
time of shipment; and
     I am aware that U.S. law (including, but not limited 
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who 
knowingly and willfully make material false statements to the U.S. 
government.
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NAME OF COMPANY OFFICIAL

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SIGNATURE

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TITLE

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DATE

[FR Doc. 2019-12285 Filed 6-10-19; 8:45 am]
 BILLING CODE 3510-DS-P