Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2017-2018, 54844-54846 [2019-22310]
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54844
Federal Register / Vol. 84, No. 198 / Friday, October 11, 2019 / Notices
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
August 29, 2019 Order and judgment
sustaining Commerce’s Final
Redetermination with respect to
commissions, and Hyosung’s motion for
partial final judgment, constitute a final
decision of the CIT that is not in
harmony with the Amended Final
Results. This notice is published in
fulfillment of the publication
requirements of Timken. Accordingly,
Commerce will continue the suspension
of liquidation of the subject
merchandise at issue pending expiration
of the period to appeal or, if appealed,
pending a final and conclusive court
decision.
Dated: October 4, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and/or exporters
subject to this administrative review
during the period of review (POR), April
25, 2017 through December 31, 2018.
Interested parties are invited to
comment on these preliminary results of
review.
DATES: Applicable October 11, 2019.
FOR FURTHER INFORMATION CONTACT:
Annathea Cook, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0250.
SUPPLEMENTARY INFORMATION:
Producer/exporter
Weightedaverage margin
(percent)
Hyosung Corporation ........
8.74
In the event that the CIT’s rulings are
not appealed or, if appealed, are upheld
by a final and conclusive court decision,
Commerce will instruct Customs and
Border Protection (CBP) to assess
antidumping duties on unliquidated
entries of subject merchandise based on
the revised dumping margins listed
above.
Cash Deposit Requirements
Since the Amended Final Results,
Commerce has established a new cash
deposit rate for Hyosung.9 Therefore,
this Final Redetermination, and as
affirmed by the Court, does not change
the later-established cash deposit rates
for Hyosung.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–052]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review and
Rescission of Review, in Part; 2017–
2018
AGENCY:
Because there is now a final court
decision, Commerce is amending the
Amended Final Results with respect to
the dumping margins calculated for
Hyosung. Based on the Final
Redetermination, as affirmed by the CIT,
the revised dumping margin for
Hyosung from August 1, 2013 through
July 31, 2014, is as follows:
9 See, e.g., Large Power Transformers from the
Republic of Korea: Amended Final Results of
Antidumping Duty Administrative Duty
Administrative Review; 2016–2017, 84 FR 16461
(April 19, 2019).
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Background
On April 1, 2019, Commerce
published the notices of initiation of the
administrative review of the
countervailing duty (CVD) order 1 on
certain hardwood plywood products
(hardwood plywood) from the People’s
Republic of China (China ).2 On May 2,
2019, Commerce published a correction
of the original Initiation Notice to
include additional companies for which
a review had been requested.3 Pursuant
to the Initiation Notice and Corrected
Initiation Notice, we initiated a review
on 59 companies.
On August 27, 2019, based on timely
requests for withdrawal of
1 See Certain Hardwood Plywood Products from
the People’s Republic of China: Countervailing Duty
Order, 83 FR 513 (January 4, 2018) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
12200 (April 1, 2019) (Initiation Notice).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
18777 (May 2, 2019) (Corrected Initiation Notice).
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administrative review, Commerce
partially rescinded the administrative
review for 47 entities. 4 In addition to
the companies for which we rescinded
the review in the Rescission Notice, we
are, concurrent with these preliminary
results, also rescinding the review with
respect to Linyi Celtic, whose requests
for review were also timely withdrawn.
In addition, as described further below,
Commerce is preliminarily rescinding
the review with respect to nine
additional companies for which CBP
data showed no reviewable entries,
leaving 2 companies subject to the
administrative review.5
From June 24, 2019 to August 15,
2019, Commerce selected Linyi Dahua
Wood Co., Ltd. (Linyi Dahua); Zhejiang
Dehua TB Import & Export Co., Ltd
(Zhejiang Dehua) and Jiangsu High
Hope Arser Co., Ltd. (High Hope), as
mandatory respondents.6 For a complete
description of the events that followed
the initiation of this administrative
review, see the Preliminary Decision
Memorandum.7
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s AD 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 Commerce
building. In addition, a complete
4 See Certain Hardwood Plywood Products from
the People’s Republic of China: Partial Rescission
of 2017–2018 Countervailing Duty Administrative
Review, 84 FR 44853 (August 27, 2019) (Partial
Rescission Notice).
5 See DeKieffer & Horgan, PPLC’s Letter,
‘‘Hardwood Plywood Products from the People’s
Republic of China: Withdrawal of Request for
Administrative Review,’’ dated June 25, 2019; see
also Richmond International Forest Products LLC’s
Letter, ‘‘Administrative Review of the
Countervailing Duty on Plywood Products from the
People’s Republic of China: Withdrawal of Request
for Review and Correction to June 21 Submission,’’
dated July 1, 2019.
6 See Memorandum, ‘‘Countervailing Duty
Administrative Review of Certain Hardwood
Plywood Products from the People’s Republic of
China: Respondent Selection,’’ dated June 24, 2019;
see also Memorandum, ‘‘Countervailing Duty
Administrative Review of Certain Hardwood
Plywood Products from the People’s Republic of
China: Replacement Respondent Selection,’’ dated
July 18, 2019; and Memorandum, ‘‘Countervailing
Duty Administrative Review of Certain Hardwood
Plywood Products from the People’s Republic of
China: Second Replacement Respondent Selection,’’
dated August 15, 2019. The review request for Linyi
Dahua was subsequently withdrawn and it was
included in the Partial Rescission Notice.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review: Certain Hardwood Plywood
Products from the People’s Republic of China;
2017–2018,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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Federal Register / Vol. 84, No. 198 / Friday, October 11, 2019 / Notices
version of the Preliminary Decision
Memorandum can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/. A list of
topics included in the Preliminary
Decision Memorandum is included at
the Appendix to this notice.
Scope of the Order
The merchandise subject to this order
is hardwood and decorative plywood,
and certain veneered panels. For the
purposes of this proceeding, hardwood
and decorative plywood are described
as a generally flat, multilayered
plywood or other veneered panel,
consisting of two or more layers of plies
of wood veneers and a core, with the
face and/or back veneer made of nonconiferous wood (hardwood) or bamboo.
For a complete description of the scope
of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
a full description of the methodology
underlying our preliminary results of
review, see the Preliminary Decision
Memorandum.
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that two
companies selected as mandatory
respondents for individual examination
(Zhejiang Dahua and High Hope), as
well as the Government of China, did
not act to the best of their ability to
respond to Commerce’s requests for
information, it drew an adverse
inference where appropriate in selecting
from among the facts otherwise
available. For further information, see
‘‘Use of Facts Otherwise Available and
Adverse Inferences’’ in the Preliminary
Decision Memorandum.
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party or parties that
requested a review withdraws the
request within 90 days of the
publication date of the notice of
initiation of the requested review. As
noted above, all requests for
administrative review were timely
withdrawn with regard to Linyi Celtic
Therefore, in accordance with 19 CFR
351.213(d)(1), we are rescinding this
administrative review with respect to
Linyi Celtic.
Additionally, it is Commerce’s
practice to rescind an administrative
review of a countervailing duty order,
pursuant to 19 CFR 351.213(d)(3), when
there are no reviewable entries of
subject merchandise during the POR for
which liquidation is suspended.8
Normally, upon completion of an
administrative review, the suspended
entries are liquidated at the
countervailing duty assessment rate for
the review period. See 19 CFR
351.212(b)(2). Therefore, for an
administrative review to be conducted,
there must be a reviewable, suspended
entry that Commerce can instruct CBP
to liquidate at the calculated
countervailing duty assessment rate for
the review period.9 Accordingly, in the
absence of reviewable, suspended
entries of subject merchandise during
the POR, we are preliminarily
rescinding this administrative review in
accordance with 19 CFR 351.213(d)(3)
for the following companies: Happy
Wood Industrial Group Co., Ltd; Jiangsu
Sunwell Cabinetry Co., Ltd.; Linyi
Bomei Furniture Co., Ltd.; Pingyi Jinniu
Wood Co., Ltd.; Qingdao Top P&Q
International Corp.; SAICG International
Trading Co., Ltd.; Shandong Huaxin
Jiasheng Wood Co., Ltd.; Shandong
Jinhua International Trading Co., Ltd.;
and Xuzhou Amish Import & Export Co.,
Ltd.
Preliminary Results of Review
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Subsidy rate
(percent)
Company
Zhejiang Dehua TB Import & Export Co., Ltd (Zhejiang Dehua) ........................................................................................................
Jiangsu High Hope Arser Co., Ltd. (High Hope) .................................................................................................................................
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Disclosure and Public Comment
Normally, Commerce discloses to
interested parties the calculations
performed in connection with the
preliminary results of a review within
ten days of its public announcement, or
if there is no public announcement,
within five days of the date of
publication of the notice of preliminary
results in the Federal Register, in
accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied AFA to the
companies under review (i.e., Zhejiang
Dahua and High Hope), in accordance
with section 776 of the Act, and because
our calculation of the AFA subsidy rate
is outlined in the Preliminary Decision
Memorandum,10 there are no further
calculations to disclose.
8 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
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17:56 Oct 10, 2019
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Assessment Rates and Cash Deposit
Requirement
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review. We intend to issue instructions
to CBP 15 days after publication of the
final results of review.
Pursuant to section 751(a)(2)(C) of the
Act, Commerce also intends to instruct
CBP to collect cash deposits of
estimated countervailing duties, in the
amounts shown above for each of the
respective companies shown above, on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017).
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194.90
194.90
cash deposits at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: October 3, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
9 See
19 CFR 351.213(d)(3).
Preliminary Decision Memorandum.
10 See
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Federal Register / Vol. 84, No. 198 / Friday, October 11, 2019 / Notices
IV. Application of The CVD Law to Imports
From the PRC
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Disclosure and Public Comment
VII. Recommendation
[FR Doc. 2019–22310 Filed 10–10–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
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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: National Institute of
Standards and Technology (NIST).
Title: NIST Invention Disclosure and
Inventor Information Collection.
OMB Control Number: 0693–XXXX.
Form Number(s): NIST DN–45.
Type of Request: Regular Submission.
New Collection.
Number of Respondents: Invention
Disclosure Form—10 per year; Inventor
Information Form—100 per year.
Average Hours per Response:
Invention Disclosure Form: 3 hours;
Inventor Information Form: 30 minutes.
Burden Hours: Invention Disclosure
Form: 30 hours; Inventor Information
Form: 50 hours.
Needs and Uses: The NIST DN–45
Invention Disclosure Form is used to
collect information pertaining to
inventions created by Federal
employees or by non-Federally
employed individuals who have created
an invention using NIST laboratory
facilities as NIST Associates. The
collection of this information is required
to protect the United States rights to
inventions created using Federal
resources. The information collected on
the form allows the Government to
determine: (1) If an invention has been
created; (2) the status of any statutory
bar that pertains to the potential
invention or that may pertain to the
invention in the future. The information
collected may allow the Government to
begin a patent application process
The Inventor Information Sheet is
used to collect from individuals who
have been named as potential inventors
on a NIST Invention Disclosure Form.
The collection of this information is
used for multiple purposes:
(1) Some of the information may be
required to file a patent application, if
VerDate Sep<11>2014
17:56 Oct 10, 2019
Jkt 250001
NIST seeks to protect a federally owned
invention, pursuant to 35 U.S.C. 207.
(2) The form, in part, is a statement
made by the respondent declaring
whether the respondent considers
herself/himself to be an inventor.
(3) Some of the information is needed
for NIST to determine potential
assignees with which NIST would
potentially negotiate consolidation of
rights and other patent related matters.
(4) Some of the information helps
NIST determine under which statutory
authority NIST may consolidate rights
in an invention with other potential
assignees.
(5) Country citizenship information is
required to determine whether a
Scientific and Technology agreement or
treaty with the respondent’s country
may impact the U.S. Government’s
rights to the invention.
The information is collected by the
Technology Partnerships Office and
shared with the Office of Chief Counsel
at NIST. The information may also be
shared with non-Governmental entities
that may have ownership rights to the
potential invention. The Government
collects this information to execute the
policy and objective of the Congress
expressed at 35 U.S.C. 200. 35 U.S.C.
207 authorizes Federal agencies to apply
for, obtain, and maintain patents or
other forms of protection . . . on
inventions in which the Federal
Government owns a right, title, or
interest. 35 U.S.C. 207 also authorizes
each Federal agency to undertake all
other suitable and necessary steps to
protect and administer rights to
federally owned inventions on behalf of
the Federal government. The
information collected through the NIST
DN–45 is necessary for NIST to execute
the authority granted at 35 U.S.C. 207.
Affected Public: Individuals.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
This information collection request
may be viewed at reginfo.gov. Follow
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. 2019–22313 Filed 10–10–19; 8:45 am]
BILLING CODE 3510–13–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XV102
South Atlantic Fishery Management
Council; Public Hearings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public hearings.
AGENCY:
SUMMARY: The South Atlantic Fishery
Management Council (Council) will
hold a series of public hearings via
webinar pertaining to Framework
Amendment 8 to the Fishery
Management Plan for Coastal Migratory
Pelagic Resources in the Gulf of Mexico
and Atlantic Region. The amendment
addresses commercial trip limits in the
Atlantic southern zone for commercial
king mackerel.
DATES: The public hearings will be held
via webinar on October 29 and 30, 2019.
ADDRESSES:
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405.
FOR FURTHER INFORMATION CONTACT: Kim
Iverson, Public Information Officer,
SAFMC; phone: (843) 571–4366 or toll
free (866) SAFMC–10; fax: (843) 769–
4520; email: kim.iverson@safmc.net.
SUPPLEMENTARY INFORMATION: The
public hearings will be conducted via
webinar and accessible via the internet
from the Council’s website at https://
safmc.net/safmc-meetings/publichearings-scoping-meetings/. The public
hearings will begin at 5 p.m.
Registration for the webinars is
required. Registration information, a
copy of the Public Hearing Document,
an online public comment form and any
additional information as needed will
be posted on the Council’s website at
https://safmc.net/safmc-meetings/
public-hearings-scoping-meetings/ as it
becomes available. Public comments
must be received by 5 p.m. on October
31, 2019.
Framework Amendment 8 to the Coastal
Migratory Pelagics FMP
The draft amendment currently
addresses commercial king mackerel
trip limits in the Atlantic southern zone
(North Carolina/South Carolina line to
the Miami-Dade/Monroe County,
Florida boundary) during season two
(October 1st to the end of February). At
their June 2019 meeting, the Council
requested the National Marine Fisheries
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]]>Agencies
[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Notices]
[Pages 54844-54846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22310]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Preliminary Results of Countervailing Duty Administrative Review
and Rescission of Review, in Part; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and/or
exporters subject to this administrative review during the period of
review (POR), April 25, 2017 through December 31, 2018. Interested
parties are invited to comment on these preliminary results of review.
DATES: Applicable October 11, 2019.
FOR FURTHER INFORMATION CONTACT: Annathea Cook, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-0250.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2019, Commerce published the notices of initiation of
the administrative review of the countervailing duty (CVD) order \1\ on
certain hardwood plywood products (hardwood plywood) from the People's
Republic of China (China ).\2\ On May 2, 2019, Commerce published a
correction of the original Initiation Notice to include additional
companies for which a review had been requested.\3\ Pursuant to the
Initiation Notice and Corrected Initiation Notice, we initiated a
review on 59 companies.
---------------------------------------------------------------------------
\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Countervailing Duty Order, 83 FR 513 (January 4,
2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 12200 (April 1, 2019) (Initiation
Notice).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 18777 (May 2, 2019) (Corrected
Initiation Notice).
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On August 27, 2019, based on timely requests for withdrawal of
administrative review, Commerce partially rescinded the administrative
review for 47 entities. \4\ In addition to the companies for which we
rescinded the review in the Rescission Notice, we are, concurrent with
these preliminary results, also rescinding the review with respect to
Linyi Celtic, whose requests for review were also timely withdrawn. In
addition, as described further below, Commerce is preliminarily
rescinding the review with respect to nine additional companies for
which CBP data showed no reviewable entries, leaving 2 companies
subject to the administrative review.\5\
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\4\ See Certain Hardwood Plywood Products from the People's
Republic of China: Partial Rescission of 2017-2018 Countervailing
Duty Administrative Review, 84 FR 44853 (August 27, 2019) (Partial
Rescission Notice).
\5\ See DeKieffer & Horgan, PPLC's Letter, ``Hardwood Plywood
Products from the People's Republic of China: Withdrawal of Request
for Administrative Review,'' dated June 25, 2019; see also Richmond
International Forest Products LLC's Letter, ``Administrative Review
of the Countervailing Duty on Plywood Products from the People's
Republic of China: Withdrawal of Request for Review and Correction
to June 21 Submission,'' dated July 1, 2019.
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From June 24, 2019 to August 15, 2019, Commerce selected Linyi
Dahua Wood Co., Ltd. (Linyi Dahua); Zhejiang Dehua TB Import & Export
Co., Ltd (Zhejiang Dehua) and Jiangsu High Hope Arser Co., Ltd. (High
Hope), as mandatory respondents.\6\ For a complete description of the
events that followed the initiation of this administrative review, see
the Preliminary Decision Memorandum.\7\
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\6\ See Memorandum, ``Countervailing Duty Administrative Review
of Certain Hardwood Plywood Products from the People's Republic of
China: Respondent Selection,'' dated June 24, 2019; see also
Memorandum, ``Countervailing Duty Administrative Review of Certain
Hardwood Plywood Products from the People's Republic of China:
Replacement Respondent Selection,'' dated July 18, 2019; and
Memorandum, ``Countervailing Duty Administrative Review of Certain
Hardwood Plywood Products from the People's Republic of China:
Second Replacement Respondent Selection,'' dated August 15, 2019.
The review request for Linyi Dahua was subsequently withdrawn and it
was included in the Partial Rescission Notice.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review: Certain
Hardwood Plywood Products from the People's Republic of China; 2017-
2018,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's AD 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
Commerce building. In addition, a complete
[[Page 54845]]
version of the Preliminary Decision Memorandum can be accessed directly
on the internet at https://enforcement.trade.gov/frn/. A list of topics
included in the Preliminary Decision Memorandum is included at the
Appendix to this notice.
Scope of the Order
The merchandise subject to this order is hardwood and decorative
plywood, and certain veneered panels. For the purposes of this
proceeding, hardwood and decorative plywood are described as a
generally flat, multilayered plywood or other veneered panel,
consisting of two or more layers of plies of wood veneers and a core,
with the face and/or back veneer made of non-coniferous wood (hardwood)
or bamboo. For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For a full description of the methodology underlying our
preliminary results of review, see the Preliminary Decision Memorandum.
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that two companies selected as
mandatory respondents for individual examination (Zhejiang Dahua and
High Hope), as well as the Government of China, did not act to the best
of their ability to respond to Commerce's requests for information, it
drew an adverse inference where appropriate in selecting from among the
facts otherwise available. For further information, see ``Use of Facts
Otherwise Available and Adverse Inferences'' in the Preliminary
Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party or parties
that requested a review withdraws the request within 90 days of the
publication date of the notice of initiation of the requested review.
As noted above, all requests for administrative review were timely
withdrawn with regard to Linyi Celtic Therefore, in accordance with 19
CFR 351.213(d)(1), we are rescinding this administrative review with
respect to Linyi Celtic.
Additionally, it is Commerce's practice to rescind an
administrative review of a countervailing duty order, pursuant to 19
CFR 351.213(d)(3), when there are no reviewable entries of subject
merchandise during the POR for which liquidation is suspended.\8\
Normally, upon completion of an administrative review, the suspended
entries are liquidated at the countervailing duty assessment rate for
the review period. See 19 CFR 351.212(b)(2). Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct CBP to liquidate at the
calculated countervailing duty assessment rate for the review
period.\9\ Accordingly, in the absence of reviewable, suspended entries
of subject merchandise during the POR, we are preliminarily rescinding
this administrative review in accordance with 19 CFR 351.213(d)(3) for
the following companies: Happy Wood Industrial Group Co., Ltd; Jiangsu
Sunwell Cabinetry Co., Ltd.; Linyi Bomei Furniture Co., Ltd.; Pingyi
Jinniu Wood Co., Ltd.; Qingdao Top P&Q International Corp.; SAICG
International Trading Co., Ltd.; Shandong Huaxin Jiasheng Wood Co.,
Ltd.; Shandong Jinhua International Trading Co., Ltd.; and Xuzhou Amish
Import & Export Co., Ltd.
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\8\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017).
\9\ See 19 CFR 351.213(d)(3).
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Preliminary Results of Review
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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Subsidy rate
Company (percent)
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Zhejiang Dehua TB Import & Export Co., Ltd (Zhejiang 194.90
Dehua).................................................
Jiangsu High Hope Arser Co., Ltd. (High Hope)........... 194.90
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Disclosure and Public Comment
Normally, Commerce discloses to interested parties the calculations
performed in connection with the preliminary results of a review within
ten days of its public announcement, or if there is no public
announcement, within five days of the date of publication of the notice
of preliminary results in the Federal Register, in accordance with 19
CFR 351.224(b). However, because Commerce preliminarily applied AFA to
the companies under review (i.e., Zhejiang Dahua and High Hope), in
accordance with section 776 of the Act, and because our calculation of
the AFA subsidy rate is outlined in the Preliminary Decision
Memorandum,\10\ there are no further calculations to disclose.
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\10\ See Preliminary Decision Memorandum.
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Assessment Rates and Cash Deposit Requirement
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, countervailing
duties on all appropriate entries covered by this review. We intend to
issue instructions to CBP 15 days after publication of the final
results of review.
Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends
to instruct CBP to collect cash deposits of estimated countervailing
duties, in the amounts shown above for each of the respective companies
shown above, on shipments of subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits at the most recent
company-specific or all-others rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 351.221(b)(4).
Dated: October 3, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
[[Page 54846]]
IV. Application of The CVD Law to Imports From the PRC
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Disclosure and Public Comment
VII. Recommendation
[FR Doc. 2019-22310 Filed 10-10-19; 8:45 am]
BILLING CODE 3510-DS-P
