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]
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Federal Register / Vol. 84, No. 112 / Tuesday, June 11, 2019 / Notices
DEPARTMENT OF COMMERCE
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Submission for OMB Review;
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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.
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Rebuttals).
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fabrics, yarns, and fibers in Annex 3–B
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Implementation Act and Estimate of
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Sheleen Dumas,
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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-
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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 https://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
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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.
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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
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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 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).
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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
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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
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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
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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;
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• 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
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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.
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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 https://
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 https://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 https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
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\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).
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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\
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\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.
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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.
---------------------------------------------------------------------------
\6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
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