Certain Hardwood Plywood Products From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders, 65783-65785 [2019-25889]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices
actual weight (generally referred to as ‘‘ultrapure’’ or ‘‘high purity’’ magnesium); (2)
products that contain less than 99.95 percent
but not less than 99.8 percent magnesium, by
actual weight (generally referred to as ‘‘pure’’
magnesium); and (3) chemical combinations
of magnesium and other material(s) in which
the magnesium content is 50 percent or
greater, but less than 99.8 percent, by actual
weight, whether or not conforming to an
‘‘ASTM Specification for Magnesium Alloy.’’
The scope of this investigation excludes
mixtures containing 90 percent or less
magnesium in granular or powder form by
actual weight and one or more of certain nonmagnesium granular materials to make
magnesium-based reagent mixtures,
including lime, calcium metal, calcium
silicon, calcium carbide, calcium carbonate,
carbon, slag coagulants, fluorspar, nepheline
syenite, feldspar, alumina (A1203), calcium
aluminate, soda ash, hydrocarbons, graphite,
coke, silicon, rare earth metals/mischmetal,
cryolite, silica/fly ash, magnesium oxide,
periclase, ferroalloys, dolomite lime, and
colemanite.
The merchandise subject to this
investigation is classifiable under items
8104.11.0000, 8104.19.0000, and
8104.30.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS items are provided for
convenience and customs purposes, the
written description of the merchandise under
investigation is dispositive.
DEPARTMENT OF COMMERCE
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
DATES:
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Whether To Treat Chlorine
and Sylvanite as By-products or Coproducts
Comment 2: Transfer Price of Wet
Carnallite
Comment 3: General and Administrative
Expenses Ratio
Comment 4: Constructed Value Selling
Expenses and Profit
Comment 5: U.S. Warehousing Expenses
Comment 6: Short-term Interest Rate,
Credit Expenses and Inventory Carrying
Costs
VI. Recommendation
khammond on DSKJM1Z7X2PROD with NOTICES
[FR Doc. 2019–25887 Filed 11–27–19; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
16:49 Nov 27, 2019
Jkt 250001
International Trade Administration
[A–570–051, C–570–052]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Affirmative Final Determination of
Circumvention of the Antidumping and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that certain
plywood products with face and back
veneers of radiata and/or agathis pine
that: (1) Have a Toxic Substances
Control Act (TSCA) or California Air
Resources Board (CARB) label certifying
that it is compliant with TSCA/CARB
requirements; and (2) are 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), exported
from the People’s Republic of China
(China), are circumventing the
antidumping duty (AD) and
countervailing duty (CVD) orders on
certain hardwood plywood products
from China.
AGENCY:
Effective Date: Applicable
November 29, 2019.
FOR FURTHER INFORMATION CONTACT:
Rachel Greenberg or Nicolas Mayora,
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) 482–3053, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Determination on June 11, 2019.1 A
summary of the events that occurred
since Commerce published the
Preliminary Determination may be
found in the Issues and Decision
Memorandum.2
1 See Certain Hardwood Plywood Products from
the People’s Republic of China: Preliminary
Affirmative Determination of Circumvention of the
Antidumping Duty and Countervailing Duty Orders,
84 FR 27081 (June 11, 2019) (Preliminary
Determination).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination of the
Anti-Circumvention Inquiry: Certain Hardwood
Plywood Products from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by this notice (Issues and Decision
Memorandum).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
65783
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) Have a TSCA or
CARB label certifying that it is
compliant with TSCA/CARB
requirements; and (2) are 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. Such
merchandise is referred to as ‘‘inquiry
merchandise.’’ This 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
in the certifications in the appendices to
this Federal Register notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues raised, and to which we
respond in the Issues and Decision
Memorandum, is attached in Appendix
I to this notice. 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 is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly 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.
Final Affirmative Determination of
Circumvention
As detailed in the Issues and Decision
Memorandum, we determine that the
inquiry merchandise exported from
E:\FR\FM\29NON1.SGM
29NON1
65784
Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Anti-Circumvention Inquiry
IV. Discussion of the Issues
V. Recommendation
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. 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
Appendix III
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
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
China is circumventing the Orders.3 As
such, we determine that it is appropriate
to include this merchandise within the
Orders and to continue 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(1)(3), Commerce will direct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of inquiry merchandise
(regardless of producer, exporter, or
importer) entered or withdrawn from
warehouse for consumption on or after
September 18, 2018, the date of
publication of the initiation of this
inquiry, until appropriate liquidation
instructions are issued.4 Commerce will
also instruct CBP to continue to require
a cash deposit of estimated duties at the
rate applicable to the exporter on all
unliquidated entries of inquiry
merchandise entered, or withdrawn
from warehouse, for consumption on or
after September 18, 2018.
Notification to Interested Parties
This affirmative anti-circumvention
determination is published in
accordance with section 781(d) of the
Act and 19 CFR 351.225.
Dated: November 22, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix I
3 See Certain Hardwood Plywood from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Order, 83 FR 504 (January 4,
2018) and Certain Hardwood Plywood from the
People’s Republic of China: Countervailing Duty
Order, 83 FR 513 (January 4, 2018) (collectively,
Orders).
4 See Certain Hardwood Plywood Products from
the People’s Republic of China: Initiation of AntiCircumvention Inquiry on the Antidumping Duty
and Countervailing Orders, 83 FR 47883 (September
21, 2018).
VerDate Sep<11>2014
16:49 Nov 27, 2019
Jkt 250001
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
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;1 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
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
1 Documentation should demonstrate that your
resin is not majority urea formaldehyde, polyvinyl
acetate, and/or soy, for example, by establishing the
chemical composition and relative percentage of the
resin’s ingredients.
E:\FR\FM\29NON1.SGM
29NON1
Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices
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
khammond on DSKJM1Z7X2PROD with NOTICES
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;
• 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;1 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
1 Documentation should demonstrate that your
resin is not majority urea formaldehyde, polyvinyl
acetate, and/or soy, for example, by establishing the
chemical composition and relative percentage of the
resin’s ingredients.
VerDate Sep<11>2014
16:49 Nov 27, 2019
Jkt 250001
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. 2019–25889 Filed 11–27–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–508–813]
Magnesium From Israel: Final
Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
magnesium from Israel. For information
on the estimated subsidy rates, see the
‘‘Final Determination’’ section of this
notice.
AGENCY:
DATES:
Applicable November 29, 2019.
FOR FURTHER INFORMATION CONTACT:
Ethan Talbott or Dana Mermelstein, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–1030 or (202) 482–1391,
respectively.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
65785
Background
Commerce published the Preliminary
Determination on May 8, 2019.1 A
summary of the events that occurred
since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum.2 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 is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the Issues
and Decision Memorandum are
identical in content.
Period of Investigation
The period of investigation is January
1, 2017 through December 31, 2017.
Scope of the Investigation
In accordance with the Preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope of the
investigation). No interested party
commented on the scope of the
investigation as it appeared in the
Initiation Notice.4 Therefore, Commerce
is not modifying the scope language as
it appeared in the Initiation Notice. See
the scope in Appendix I to this notice.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
1 See Magnesium from Israel: Preliminary
Affirmative Countervailing Duty Determination, and
Alignment of Final Determination with Final
Antidumping Duty Determination 84 FR 20092
(May 8, 2019) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Magnesium
from Israel,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
4 See Magnesium from Israel: Initiation of
Countervailing Duty Investigation 83 FR 58529
(November 20, 2018) (Initiation Notice).
E:\FR\FM\29NON1.SGM
29NON1
]]>Agencies
[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Notices]
[Pages 65783-65785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25889]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051, C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Affirmative Final Determination of Circumvention of the
Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
plywood products with face and back veneers of radiata and/or agathis
pine that: (1) Have a Toxic Substances Control Act (TSCA) or California
Air Resources Board (CARB) label certifying that it is compliant with
TSCA/CARB requirements; and (2) are 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), exported from the
People's Republic of China (China), are circumventing the antidumping
duty (AD) and countervailing duty (CVD) orders on certain hardwood
plywood products from China.
DATES: Effective Date: Applicable November 29, 2019.
FOR FURTHER INFORMATION CONTACT: Rachel Greenberg or Nicolas Mayora,
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)
482-3053, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Determination on June 11,
2019.\1\ A summary of the events that occurred since Commerce published
the Preliminary Determination may be found in the Issues and Decision
Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Preliminary Affirmative Determination of
Circumvention of the Antidumping Duty and Countervailing Duty
Orders, 84 FR 27081 (June 11, 2019) (Preliminary Determination).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination of the Anti-Circumvention Inquiry: Certain
Hardwood Plywood Products from the People's Republic of China,''
dated concurrently with, and hereby adopted by this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Anti-Circumvention Inquiry
This anti-circumvention inquiry covers certain plywood products
with face and back veneers of radiata and/or agathis pine that: (1)
Have a TSCA or CARB label certifying that it is compliant with TSCA/
CARB requirements; and (2) are 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. Such
merchandise is referred to as ``inquiry merchandise.'' This 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 in the certifications in the appendices to this Federal
Register notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised, and to
which we respond in the Issues and Decision Memorandum, is attached in
Appendix I to this notice. 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 is available to all parties in the Central
Records Unit, Room B8024 of the main Department of Commerce building.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly 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.
Final Affirmative Determination of Circumvention
As detailed in the Issues and Decision Memorandum, we determine
that the inquiry merchandise exported from
[[Page 65784]]
China is circumventing the Orders.\3\ As such, we determine that it is
appropriate to include this merchandise within the Orders and to
continue 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.
---------------------------------------------------------------------------
\3\ See Certain Hardwood Plywood from the People's Republic of
China: Amended Final Determination of Sales at Less Than Fair Value,
and Antidumping Order, 83 FR 504 (January 4, 2018) and Certain
Hardwood Plywood from the People's Republic of China: Countervailing
Duty Order, 83 FR 513 (January 4, 2018) (collectively, Orders).
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with 19 CFR 351.225(1)(3), Commerce will direct U.S.
Customs and Border Protection (CBP) to continue to suspend liquidation
of inquiry merchandise (regardless of producer, exporter, or importer)
entered or withdrawn from warehouse for consumption on or after
September 18, 2018, the date of publication of the initiation of this
inquiry, until appropriate liquidation instructions are issued.\4\
Commerce will also instruct CBP to continue to require a cash deposit
of estimated duties at the rate applicable to the exporter on all
unliquidated entries of inquiry merchandise entered, or withdrawn from
warehouse, for consumption on or after September 18, 2018.
---------------------------------------------------------------------------
\4\ See Certain Hardwood Plywood Products from the People's
Republic of China: Initiation of Anti-Circumvention Inquiry on the
Antidumping Duty and Countervailing Orders, 83 FR 47883 (September
21, 2018).
---------------------------------------------------------------------------
Notification to Interested Parties
This affirmative anti-circumvention determination is published in
accordance with section 781(d) of the Act and 19 CFR 351.225.
Dated: November 22, 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 Anti-Circumvention Inquiry
IV. Discussion of the Issues
V. 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. 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 III
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;\1\ 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;
---------------------------------------------------------------------------
\1\ Documentation should demonstrate that your resin is not
majority urea formaldehyde, polyvinyl acetate, and/or soy, for
example, by establishing the chemical composition and relative
percentage of the resin's ingredients.
---------------------------------------------------------------------------
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
[[Page 65785]]
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.
-----------------------------------------------------------------------
Name of Company Official
-----------------------------------------------------------------------
Signature
-----------------------------------------------------------------------
Title
-----------------------------------------------------------------------
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;
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;\1\ 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;
---------------------------------------------------------------------------
\1\ Documentation should demonstrate that your resin is not
majority urea formaldehyde, polyvinyl acetate, and/or soy, for
example, by establishing the chemical composition and relative
percentage of the resin's ingredients.
---------------------------------------------------------------------------
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.
-----------------------------------------------------------------------
Name of Company Official
-----------------------------------------------------------------------
Signature
-----------------------------------------------------------------------
Title
-----------------------------------------------------------------------
Date
[FR Doc. 2019-25889 Filed 11-27-19; 8:45 am]
BILLING CODE 3510-DS-P
