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

Download as PDF 44862 Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Notices Dated: August 20, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes From the Preliminary Results V. Discussion of the Issues Comment 1: Separate Rate Status for Sao Ta Seafood Factory Comment 2: Treatment of Quang Minh Seafood Co., Ltd. VI. Recommendation jspears on DSK3GMQ082PROD with NOTICES Appendix II Companies Subject to Review Determined To Be Part of the Vietnam-Wide Entity 1. A & CDN Foods Co., Ltd. 2. Amanda Seafood Co., Ltd. 3. An Huy B.T Co. Ltd. 4. Anh Koa Seafood 5. Anh Minh Quan Joint Stock Company 6. Asia Food Stuffs Import Export Co., Ltd. 7. B.O.P Company Limited 8. B.O.P. Limited Co. 9. Binh Dong Fisheries Joint Stock Company 10. Binh Thuan Import—Export Joint Stock Company (THAIMEX) 11. Ca Mau Agricultural Products and Foodstuff Imp-Exp Joint Stock Company (Agrimexco Camau) 12. Cholimex Food Joint Stock Company 13. CJ Cau Tre Foods Joint Stock Company 14. CJ Freshway (FIDES Food System Co., Ltd.) 15. Coastal Fisheries Development Corporation (‘‘COFIDEC’’) 16. Danang Seaproducts Import-Export Corporation (SEADANANG) 17. Dong Do Profo., Ltd. 18. Dong Hai Seafood Limited Company 19. Dong Phuong Seafood Co., Ltd. 20. Duc Cuong Seafood Trading Co., Ltd. 21. Gallant Dachan Seafood Co., Ltd. 22. Gallant Ocean (Vietnam) Co., Ltd. also initiated as Gallant Ocean Viet Nam Co. Ltd. 23. Hanh An Trading Service Co., Ltd. 24. Hanoi Seaproducts Import & Export Joint Stock Corporation (Seaprodex Hanoi) 25. Hoa Trung Seafood Corporation (HSC) 26. Hoang Phuong Seafood Factory 27. HungHau Agricultural Joint Stock Company 28. Huynh Huong Seafood Processing 29. Huynh Huong Trading and Import-Export Joint Stock Company 30. JK Fish Co., Ltd. 31. Kaiyo Seafood Joint Stock Company 32. Khai Minh Trading Investment Corporation 33. Khanh Hoa Seafoods Exporting Company (KHASPEXCO) 34. Lam Son Import-Export Foodstuff Company Limited (Lamson Fimexco) 35. Long Toan Frozen Aquatic Products Joint Stock Company 36. Minh Bach Seafood Company Limited 37. Minh Cuong Seafood Import Export Processing Joint Stock Company (‘‘MC VerDate Sep<11>2014 19:12 Aug 26, 2019 Jkt 247001 Seafood’’), also initiated as Minh Cuong Seafood Import-Export Processing (‘‘MC Seafood’’) 38. Minh Phu Seafood Corporation 39. My Son Seafoods Factory 40. Nam Hai Foodstuff and Export Company Ltd 41. Namcan Seaproducts Import Export Joint Stock Company (Seanamico) 42. New Wind Seafood Co., Ltd. 43. Nha Trang Fisheries Joint Stock Company, also initiated as Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang Fisco’’) 44. Nhat Duc Co., Ltd. 45. Nigico Co., Ltd. 46. Phu Cuong Jostoco Corp., also initiated as Phu Cuong Jostoco Seafood Corporation 47. Phu Minh Hung Seafood Joint Stock Company 48. Phuong Nam Foodstuff Corp., also initiated as Phuong Nam Foodstuff Corp., Ltd. 49. Quang Minh Seafood Co., Ltd. 50. Quoc Ai Seafood Processing Import Export Co., Ltd. 51. Quoc Toan Seafood Processing Factory (Quoc Toan PTE) 52. Quy Nhon Frozen Seafoods Joint Stock Company 53. Saigon Aquatic Product Trading Joint Stock Company (APT Co.) 54. Saigon Food Joint Stock Company 55. Seafood Joint Stock Company No.4 56. South Ha Tinh Seaproducts ImportExport Joint Stock Company 57. Special Aquatic Products Joint Stock Company (SEASPIMEX VIETNAM) 58. T & P Seafood Company Limited 59. Tai Nguyen Seafood Co., Ltd. 60. Tan Phong Phu Seafood Co., Ltd. (‘‘TPP Co., Ltd.’’) also initiated as Tan Phong Phu Seafood Co., Ltd. (TPP Co. Ltd.) 61. Tan Thanh Loi Frozen Food Co., Ltd. 62. Thien Phu Export Seafood Processing Company Limited 63. Thinh Hung Co., Ltd. 64. Trang Corporation (Vietnam) 65. Trang Khan Seafood Co., Ltd. 66. Viet Nam Seaproducts—Joint Stock Company 67. Viet Phu Foods and Fish Corp. [FR Doc. 2019–18372 Filed 8–26–19; 8:45 am] BILLING CODE 3510–DS–P 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 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 AGENCY: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 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. 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 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. 3 Id. at Exhibit 1. 4 Id. 5 Id. 6 Id. 7 Id. E:\FR\FM\27AUN1.SGM 27AUN1 Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Notices 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 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 Period of Review jspears on DSK3GMQ082PROD with NOTICES 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 semiannual 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 sixmonth 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 8 Id. at Exhibit 2. 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). 9 See VerDate Sep<11>2014 19:12 Aug 26, 2019 Jkt 247001 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 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. 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 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 10 See NSR Initiation Checklist. section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(i). 12 See Import Administration Policy Bulletin, Number: 05.1. (http://ia.ita.doc.gov/policy/bull051.pdf). 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. 11 See PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 44863 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 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XV035 South Atlantic Fishery Management Council; Public Meetings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. AGENCY: The South Atlantic Fishery Management Council (Council) will hold meetings of the following: Personnel Committee/Committee of the Whole (Closed Session); Snapper Grouper Committee; Protected Resources Committee; Dolphin Wahoo Committee; Executive Finance Committee; Habitat Protection and Ecosystem-Based Management Committee; Joint Habitat Ecosystem, Shrimp, and Golden Crab Committee; and Mackerel Cobia Committee. The Council meeting week will include a training session for Council members on Robert’s Rules, a formal public comment period, and a meeting of the full Council. SUMMARY: The Council meeting will be held from 8:30 a.m. on Monday, September 16, 2019 until 1 p.m. on Friday, September 20, 2019. ADDRESSES: DATES: E:\FR\FM\27AUN1.SGM 27AUN1

Agencies

[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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \8\ Id. at Exhibit 2.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \10\ See NSR Initiation Checklist.
    \11\ See section 751(a)(2)(B)(iii) of the Act and 19 CFR 
351.214(i).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \12\ See Import Administration Policy Bulletin, Number: 05.1. 
(http://ia.ita.doc.gov/policy/bull05-1.pdf).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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