Hardwood Plywood Products From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2019, 44862-44863 [2019-18450]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Notices]
[Pages 44862-44863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18450]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-051]


Hardwood Plywood Products From the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review; 2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has determined that a 
request for a new shipper review of the antidumping duty order on 
hardwood plywood products from the People's Republic of China meets the 
statutory and regulatory requirements for initiation. The period of 
review for this new shipper review is January 1, 2019 through June 30, 
2019.

DATES: Applicable August 27, 2019.

FOR FURTHER INFORMATION CONTACT: Jasun Moy, 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) 482-8194.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2018, Commerce published the antidumping duty order 
on hardwood plywood products (plywood) from the People's Republic of 
China (China).\1\ On July 30, 2019, Commerce received a timely new 
shipper review (NSR) request from Xuzhou Constant Forest Industry Co., 
Ltd. (Constant Forest), in accordance with section 751(a)(2)(B)(i) of 
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c).\2\ 
The deadline for the NSR initiation decision is August 30, 2019.
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    \1\ 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) 
(Order).
    \2\ See Constant Forest's Letter, ``Certain Hardwood Plywood 
Products from the People's Republic of China--Request for New 
Shipper Review,'' dated July 30, 2019.
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    In its submission, Constant Forest certified that it is both the 
producer and exporter of the subject merchandise upon which the NSR 
request is based.\3\ Pursuant to section 751(a)(2)(B)(i)(I) of the Act 
and 19 CFR 351.214(b)(2)(i), Constant Forest certified that it did not 
export plywood to the United States during the period of investigation 
(POI).\4\ Additionally, pursuant to section 751(a)(2)(B)(i)(II) of the 
Act and 19 CFR 351.214(b)(2)(iii)(A), Constant Forest certified that, 
since the initiation of the investigation, it has never been affiliated 
with any producer or exporter that exported plywood to the United 
States during the POI, including those not individually examined during 
the investigation.\5\ As required by 19 CFR 351.214(b)(2)(iii)(B), 
Constant Forest also certified that its export activities were not 
controlled by the Government of China.\6\ Constant Forest additionally 
certified that it has had no subsequent shipments of subject 
merchandise.\7\
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    \3\ Id. at Exhibit 1.
    \4\ Id.
    \5\ Id.
    \6\ Id.
    \7\ Id.

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[[Page 44863]]

    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Constant Forest submitted documentation 
establishing the following: (1) The date on which the company first 
shipped plywood for export to the United States and the date on which 
the plywood was first entered, or withdrawn from warehouse, for 
consumption; (2) the volume of its first shipment; and (3) the date of 
its first sale to an unaffiliated customer in the United States.\8\
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    \8\ Id. at Exhibit 2.
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    Commerce conducted a query of the U.S. Customs and Border 
Protection (CBP) database and confirmed that Constant Forest's shipment 
of subject merchandise had entered the United States for consumption 
and that liquidation of such entries had been properly suspended for 
antidumping duties. The information that Commerce examined was 
consistent with that provided by Constant Forest in its request. In 
particular, the CBP data confirmed the price and quantity reported by 
Constant Forest for the sale that forms the basis of this NSR request. 
Commerce also confirmed by examining CBP data that Constant Forest's 
entries were made during the period of review specified by Commerce's 
regulations.\9\
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    \9\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Information,'' dated concurrently with this notice; see 
also Memorandum, ``Initiation of Antidumping New Shipper Review: 
Hardwood Plywood Products from the People's Republic of China,'' 
dated concurrently with this notice (NSR Initiation Checklist).
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Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
an NSR within one year of the date on which its subject merchandise was 
first entered. Further, 19 CFR 351.214(d)(1) states that Commerce will 
initiate an NSR in the calendar month immediately following the 
anniversary month or the semiannual anniversary month if the request 
for review is made during the six-month period ending with the end of 
the anniversary month or the semi-annual anniversary month, whichever 
is applicable. In accordance with 19 CFR 351.214(g)(1)(i)(B), the 
period of review (POR) for an NSR initiated in the month immediately 
following the semiannual anniversary month will be the six-month period 
immediately preceding the semi-annual anniversary month. Constant 
Forest requested this NSR within one year of the date on which its 
plywood was first entered, and the request was filed in July 2019, 
which is the semiannual anniversary month of the Order. Therefore, the 
POR for this NSR is January 1, 2019 through June 30, 2019.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 
the information on the record, we find that the request from Constant 
Forest meets the threshold requirements for the initiation of an NSR 
for shipments of plywood from China produced and exported during the 
POR by Constant Forest.\10\ However, if the information supplied by 
Constant Forest is later found to be incorrect or insufficient during 
the course of this proceeding, Commerce may rescind the review or apply 
adverse facts available, pursuant to section 776 of the Act, depending 
upon the facts on record. Unless extended, Commerce intends to issue 
the preliminary results within 180 days from the date of initiation, 
and the final results within 90 days from the issuance of the 
preliminary results.\11\
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    \10\ See NSR Initiation Checklist.
    \11\ See section 751(a)(2)(B)(iii) of the Act and 19 CFR 
351.214(i).
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    It is our usual practice, in cases involving non-market economies, 
to require that a company seeking to establish eligibility for an AD 
rate separate from the country-wide rate (i.e., a separate rate) 
provide evidence of de jure and de facto absence of government control 
over the company's export activities.\12\ Accordingly, Commerce will 
issue questionnaires to Constant Forest that will include a section 
requesting information with regard to the company's export activities 
for the purpose of establishing its eligibility for a separate rate. 
The review will proceed if the response provides sufficient indication 
that Constant Forest is not subject to either de jure or de facto 
government control with respect to its exports of subject merchandise.
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    \12\ See Import Administration Policy Bulletin, Number: 05.1. 
(https://ia.ita.doc.gov/policy/bull05-1.pdf).
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    We will conduct this new shipper review in accordance with section 
751(a)(2)(B) of the Act, as amended by the Trade Facilitation and Trade 
Enforcement Act of 2015.\13\
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    \13\ The Trade Facilitation and Trade Enforcement Act of 2015 
removed from section 75l(a)(2)(B) of the Act the provision directing 
Commerce to instruct Customs and Border Protection to allow an 
importer the option of posting a bond or security in lieu of a cash 
deposit during the pendency of a new shipper review.
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    Because Constant Forest certified that it produced and exported 
subject merchandise, the sale of which is the basis for its request for 
an NSR, we will instruct CBP to continue to suspend liquidation of all 
entries of subject merchandise produced and exported by Constant 
Forest.
    To assist in its analysis of the bona fide nature of Constant 
Forest's sales, upon initiation of this NSR, Commerce will require 
Constant Forest to submit, on an ongoing basis, complete transaction 
information concerning any sales of subject merchandise to the United 
States that were made subsequent to the POR.
    Interested parties requiring access to propietary information in 
this proceeding should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
19 CFR 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).

    Dated: August 22, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2019-18450 Filed 8-26-19; 8:45 am]
 BILLING CODE 3510-DS-P