Certain Hardwood Plywood From the People's Republic of China: Notice of Covered Merchandise Referral and Initiation of Scope Inquiry, 3024-3026 [2020-00742]
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Federal Register / Vol. 85, No. 12 / Friday, January 17, 2020 / Notices
adequacy of remuneration under 19 CFR
351.511(a)(2), filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification
and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate
country and surrogate values and
rebuttal; (4) comments concerning CBP
data; and (5) Q&V questionnaires. Under
certain circumstances, Commerce may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case,
Commerce will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This policy also
requires that an extension request must
be made in a separate, stand-alone
submission, and clarifies the
circumstances under which Commerce
will grant untimely-filed requests for the
extension of time limits. Please review
the Final Rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: January 13, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–00748 Filed 1–16–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–051, C–570–052]
Certain Hardwood Plywood From the
People’s Republic of China: Notice of
Covered Merchandise Referral and
Initiation of Scope Inquiry
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to the Enforce and
Protect Act of 2015 (EAPA), the
Department of Commerce (Commerce)
received a covered merchandise referral
from U.S. Customs and Border
Protection (CBP) in connection with a
CBP EAPA investigation concerning the
antidumping duty (AD) and
countervailing duty (CVD) orders on
certain hardwood plywood from the
People’s Republic of China (China). In
accordance with EAPA, Commerce
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AGENCY:
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intends to determine whether the
merchandise subject to the referral is
covered by the scope of these orders and
promptly transmit its determination to
CBP. Commerce is providing notice of
the referral and inviting participation
from interested parties.
DATES: Applicable January 17, 2020.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta 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) 482–2593 or
(202) 482–3053, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2016, the Trade
Facilitation and Trade Enforcement Act
of 2015 was signed into law, which
contains Title IV—Prevention of
Evasion of Antidumping and
Countervailing Duty Orders (short title
‘‘Enforce and Protect Act of 2015’’ or
‘‘EAPA’’) (Pub. L. 114–125, 130 Stat.
122, 155, Feb. 24, 2016). Effective
August 22, 2016, section 421 of the
EAPA added section 517 to the Tariff
Act of 1930, as amended (the Act),
which establishes a formal process for
CBP to investigate allegations of the
evasion of AD/CVD orders. Section
517(b)(4)(A) of the Act provides that if,
during the course of an EAPA
investigation, CBP is unable to
determine whether the merchandise at
issue is covered merchandise within the
meaning of section 517(a)(3) of the Act,
it shall refer the matter to Commerce to
make such a determination. Section
517(a)(3) of the Act defines covered
merchandise as merchandise that is
subject to an AD order issued under
section 736 of the Act or a CVD order
issued under section 706 of the Act.
Section 517(b)(4)(B) of the Act states
that Commerce, after receiving a
covered merchandise referral from CBP,
shall determine whether the
merchandise is covered merchandise
and promptly transmit its determination
to CBP. The Act does not establish a
deadline within which Commerce must
issue its determination.
On September 16, 2019, Commerce
received a covered merchandise referral
from CBP regarding CBP EAPA
Investigation No. 7252 1 which concerns
1 See CBP’s Letter, ‘‘Scope Referral Request for
Merchandise under EAPA Cons. Investigation 7252,
Imported by Far East America, Inc., CIEL Group,
American Pacific Plywood, Interglobal Forest, and
Liberty Woods International, Inc., (Importers) and
Concerning the Investigation of Evasion of the
Antidumping and Countervailing Duty Orders on
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the Orders 2 on certain hardwood
plywood from China. Specifically, based
on an allegation by Plywood Source, a
company located in California, CBP has
requested that Commerce issue a
determination as to whether certain
hardwood plywood products produced
by Vietnam Finewood Company
Limited (Finewood) from China-origin
materials is covered merchandise
subject to the Orders.
Notification to Interested Parties
Commerce is hereby notifying
interested parties that it has received the
covered merchandise referral referenced
above, will begin a new segment of the
proceeding by initiating a scope inquiry
in accordance with 19 CFR 351.225(b),
and based on our finding in that scope
inquiry, intends to notify CBP as to
whether the merchandise subject to the
referral is covered merchandise within
the meaning of section 517(a)(3) of the
Act. Additionally, Commerce intends to
provide interested parties with the
opportunity to participate in this
segment of the proceeding, including
through the submission of comments,
and, if appropriate, new factual
information and verification.
Specifically, Commerce will notify
parties on the segment-specific service
list for this segment of the proceeding of
a schedule for comments. In addition,
Commerce may request factual
information from any person to assist in
making its determination, including
soliciting information directly from
Finewood to conduct our analysis, and
may verify submissions of factual
information, if Commerce determines
that such verification is appropriate.
Commerce intends to issue a final
determination within 120 days of the
publication of this notice (this deadline
may be extended if it is not practicable
to complete the final determination
within 120 days) and will promptly
transmit its final determination to CBP
in accordance with section 517(b)(4)(B)
of the Act.
In addition, Commerce may consider
conducting a separate
anticircumvention inquiry regarding
Hardwood Plywood from the People’s Republic of
China (A–570–051 and C–570–052),’’ dated
September 16, 2019. Commerce intends to make
available this document and any supporting
documents on Enforcement and Compliance’s
Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS)
within five days of publication of this notice.
2 See Certain Hardwood Plywood 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); see also Certain Hardwood Plywood from
the People’s Republic of China: Countervailing Duty
Order, 83 FR 513 (January 4, 2018) (collectively,
Orders).
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this covered merchandise referral if
parties submit the necessary
information addressing the criteria for
an anticircumvention inquiry in
accordance with section 781 of the Act.
Interested parties are requested to file
such comments and information onto
the record of this proceeding within 30
days of the publication of this notice in
the Federal Register.
Interested parties that wish to
participate in this segment of the
proceeding, and receive notice of the
final determination, must submit their
letters of appearance as discussed
below. Further, any party desiring
access to business proprietary
information in this segment of the
proceeding must file an application for
access to business proprietary
information under administrative
protective order (APO), as discussed
below.
Finally, we note that covered
merchandise referrals constitute a new
type of segment of a proceeding at
Commerce. Commerce intends to
develop its practice and procedures in
this area as it gains more experience.
Scope of the Orders on Hardwood
Plywood From China
For a complete description of the
scope of the orders, see the appendix to
this notice.
Filing Requirements
All submissions to Commerce must be
filed electronically using ACCESS.3 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due. Documents
exempted from the electronic
submission requirements must be filed
manually (i.e., in paper form) with
Enforcement and Compliance’s APO/
Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, and stamped with the date of
receipt by the applicable deadlines.
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Letters of Appearance and APO
Interested parties that wish to
participate in this segment of the
proceeding and be added to the public
service list for this segment of the
proceeding must file a letter of
3 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing
System Name, 79 FR 69046 (November 20, 2014),
for details of Commerce’s electronic filing
requirements. Information on help using ACCESS
can be found at https://access.trade.gov/help.aspx
and a handbook can be found at https://
access.trade.gov/help/Handbook%
20on%20Electronic%20Filing%20Procedures.pdf.
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appearance in accordance with 19 CFR
351.103(d)(1), with one exception: The
parties publicly identified by CBP in the
covered merchandise referral
(referenced above) are not required to
submit a letter of appearance, and will
be added to the public service list for
this segment of the proceeding by
Commerce.
Within 24 hours of this notice being
signed, Commerce placed a request for
an APO segment on the record 4 and
established an APO segment for use in
this proceeding. Commerce intends to
place the business proprietary versions
of the documents contained in the
covered merchandise referral on the
record of this proceeding in ACCESS
within five days of publication of this
notice.
Interested parties must submit
applications for disclosure under the
APO in accordance with the procedures
outlined in Commerce’s regulations at
19 CFR 351.305. Those procedures
apply to this segment of the proceeding,
with one exception: APO applicants
representing the parties that have been
identified by CBP as an importer in the
covered merchandise referral
(referenced above) are exempt from the
additional filing requirements for
importers pursuant to 19 CFR
351.305(d).
Dated: January 13, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Orders
The merchandise covered by the Orders is
hardwood and decorative plywood, and
certain veneered panels as described below.
For purposes of this proceeding, hardwood
and decorative plywood is defined as a
generally flat, multilayered plywood or other
veneered panel, consisting of two or more
layers or plies of wood veneers and a core,
with the face and/or back veneer made of
non-coniferous wood (hardwood) or bamboo.
The veneers, along with the core may be
glued or otherwise bonded together.
Hardwood and decorative plywood may
include products that meet the American
National Standard for Hardwood and
Decorative Plywood, ANSI/HPVA HP–1–
2016 (including any revisions to that
standard).
For purposes of the Orders, a ‘‘veneer’’ is
a slice of wood regardless of thickness which
is cut, sliced or sawed from a log, bolt, or
flitch. The face and back veneers are the
outermost veneer of wood on either side of
the core irrespective of additional surface
coatings or covers as described below.
4 See Memorandum, ‘‘Request for Establishment
of Administrative Protective Order: Hardwood
Plywood from the People’s Republic of China (A–
570–051 and C–570–052).’’
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The core of hardwood and decorative
plywood consists of the layer or layers of one
or more material(s) that are situated between
the face and back veneers. The core may be
composed of a range of materials, including
but not limited to hardwood, softwood,
particleboard, or medium-density fiberboard
(MDF).
All hardwood plywood is included within
the scope of the Orders regardless of whether
or not the face and/or back veneers are
surface coated or covered and whether or not
such surface coating(s) or covers obscures the
grain, textures, or markings of the wood.
Examples of surface coatings and covers
include, but are not limited to: Ultra violet
light cured polyurethanes; oil or oil-modified
or water based polyurethanes; wax; epoxyester finishes; moisture-cured urethanes;
paints; stains; paper; aluminum; high
pressure laminate; MDF; medium density
overlay (MDO); and phenolic film.
Additionally, the face veneer of hardwood
plywood may be sanded; smoothed or given
a ‘‘distressed’’ appearance through such
methods as hand-scraping or wire brushing.
All hardwood plywood is included within
the scope even if it is trimmed; cut-to-size;
notched; punched; drilled; or has underwent
other forms of minor processing.
All hardwood and decorative plywood is
included within the scope of the Orders,
without regard to dimension (overall
thickness, thickness of face veneer, thickness
of back veneer, thickness of core, thickness
of inner veneers, width, or length). However,
the most common panel sizes of hardwood
and decorative plywood are 1219 x 1829 mm
(48 x 72 inches), 1219 x 2438 mm (48 x 96
inches), and 1219 x 3048 mm (48 x 120
inches).
Subject merchandise also includes
hardwood and decorative plywood that has
been further processed in a third country,
including but not limited to trimming,
cutting, notching, punching, drilling, or any
other processing that would not otherwise
remove the merchandise from the scope of
the Orders if performed in the country of
manufacture of the in-scope product.
The scope of the Orders excludes the
following items: (1) Structural plywood (also
known as ‘‘industrial plywood’’ or
‘‘industrial panels’’) that is manufactured to
meet U.S. Products Standard PS 1–09, PS 2–
09, or PS 2–10 for Structural Plywood
(including any revisions to that standard or
any substantially equivalent international
standard intended for structural plywood),
and which has both a face and a back veneer
of coniferous wood; (2) products which have
a face and back veneer of cork; (3)
multilayered wood flooring, as described in
the antidumping duty and countervailing
duty orders on Multilayered Wood Flooring
from the People’s Republic of China, Import
Administration, International Trade
Administration. See Multilayered Wood
Flooring from the People’s Republic of China,
76 FR 76690 (December 8, 2011) (amended
final determination of sales at less than fair
value and antidumping duty order), and
Multilayered Wood Flooring from the
People’s Republic of China, 76 FR 76693
(December 8, 2011) (countervailing duty
order), as amended by Multilayered Wood
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Flooring from the People’s Republic of China:
Amended Antidumping and Countervailing
Duty Orders, 77 FR 5484 (February 3, 2012);
(4) multilayered wood flooring with a face
veneer of bamboo or composed entirely of
bamboo; (5) plywood which has a shape or
design other than a flat panel, with the
exception of any minor processing described
above; (6) products made entirely from
bamboo and adhesives (also known as ‘‘solid
bamboo’’); and (7) Phenolic Film Faced
Plyform (PFF), also known as Phenolic
Surface Film Plywood (PSF), defined as a
panel with an ‘‘Exterior’’ or ‘‘Exposure 1’’
bond classification as is defined by The
Engineered Wood Association, having an
opaque phenolic film layer with a weight
equal to or greater than 90g/m3 permanently
bonded on both the face and back veneers
and an opaque, moisture resistant coating
applied to the edges.
Excluded from the scope of the Orders are
wooden furniture goods that, at the time of
importation, are fully assembled and are
ready for their intended uses. Also excluded
from the scope of the Orders is ‘‘ready to
assemble’’ (RTA) furniture. RTA furniture is
defined as (A) furniture packaged for sale for
ultimate purchase by an end-user that, at the
time of importation, includes (1) all wooden
components (in finished form) required to
assemble a finished unit of furniture, (2) all
accessory parts (e.g., screws, washers,
dowels, nails, handles, knobs, adhesive
glues) required to assemble a finished unit of
furniture, and (3) instructions providing
guidance on the assembly of a finished unit
of furniture; (B) unassembled bathroom
vanity cabinets, having a space for one or
more sinks, that are imported with all
unassembled hardwood and hardwood
plywood components that have been cut-tofinal dimensional component shape/size,
painted or stained prior to importation, and
stacked within a singled shipping package,
except for furniture feet which may be
packed and shipped separately; or (C)
unassembled bathroom vanity linen closets
that are imported with all unassembled
hardwood and hardwood plywood
components that have been cut-to-final
dimensional shape/size, painted or stained
prior to importation, and stacked within a
single shipping package, except for furniture
feet which may be packed and shipped
separately.
Excluded from the scope of the Orders are
kitchen cabinets that, at the time of
importation, are fully assembled and are
ready for their intended uses. Also excluded
from the scope of the Orders are RTA kitchen
cabinets. RTA kitchen cabinets are defined as
kitchen cabinets packaged for sale for
ultimate purchase by an end-user that, at the
time of importation, includes (1) all wooden
components (in finished form) required to
assemble a finished unit of cabinetry, (2) all
accessory parts (e.g., screws, washers,
dowels, nails, handles, knobs, hooks,
adhesive glues) required to assemble a
finished unit of cabinetry, and (3)
instructions providing guidance on the
assembly of a finished unit of cabinetry.
Excluded from the scope of the Orders are
finished table tops, which are table tops
imported in finished form with pre-cut or
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drilled openings to attach the underframe or
legs. The table tops are ready for use at the
time of import and require no further
finishing or processing.
Excluded from the scope of the Orders are
finished countertops that are imported in
finished form and require no further
finishing or manufacturing.
Excluded from the scope of the Orders are
laminated veneer lumber door and window
components with (1) a maximum width of 44
millimeters, a thickness from 30 millimeters
to 72 millimeters, and a length of less than
2413 millimeters (2) water boiling point
exterior adhesive, (3) a modulus of elasticity
of 1,500,000 pounds per square inch or
higher, (4) finger-jointed or lap-jointed core
veneer with all layers oriented so that the
grain is running parallel or with no more
than 3 dispersed layers of veneer oriented
with the grain running perpendicular to the
other layers; and (5) top layer machined with
a curved edge and one or more profile
channels throughout.
Imports of hardwood plywood are
primarily entered under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 4412.10.0500;
4412.31.0520; 4412.31.0540; 4412.31.0560;
4412.31.0620; 4412.31.0640; 4412.31.0660;
4412.31.2510; 4412.31.2520; 4412.31.2610;
4412.31.2620; 4412.31.4040; 4412.31.4050;
4412.31.4060; 4412.31.4075; 4412.31.4080;
4412.31.4140; 4412.31.4150; 4412.31.4160;
4412.31.4180; 4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165; 4412.31.5175;
4412.31.5235; 4412.31.5255; 4412.31.5265;
4412.31.5275; 4412.31.6000; 4412.31.6100;
4412.31.9100; 4412.31.9200; 4412.32.0520;
4412.32.0540; 4412.32.0565; 4412.32.0570;
4412.32.0620; 4412.32.0640; 4412.32.0670;
4412.32.2510; 4412.32.2525; 4412.32.2530;
4412.32.2610; 4412.32.2630; 4412.32.3125;
4412.32.3135; 4412.32.3155; 4412.32.3165;
4412.32.3175; 4412.32.3185; 4412.32.3235;
4412.32.3255; 4412.32.3265; 4412.32.3275;
4412.32.3285; 4412.32.5600; 4412.32.3235;
4412.32.3255; 4412.32.3265; 4412.32.3275;
4412.32.3285; 4412.32.5700; 4412.94.1030;
4412.94.1050; 4412.94.3105; 4412.94.3111;
4412.94.3121; 4412.94.3141; 4412.94.3161;
4412.94.3175; 4412.94.4100; 4412.99.0600;
4412.99.1020; 4412.99.1030; 4412.99.1040;
4412.99.3110; 4412.99.3120; 4412.99.3130;
4412.99.3140; 4412.99.3150; 4412.99.3160;
4412.99.3170; 4412.99.4100; 4412.99.5115;
and 4412.99.5710.
Imports of hardwood plywood may also
enter under HTSUS subheadings
4412.99.6000; 4412.99.7000; 4412.99.8000;
4412.99.9000; 4412.10.9000; 4412.94.5100;
4412.94.9500; and 4412.99.9500. While the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the Orders
is dispositive.
[FR Doc. 2020–00742 Filed 1–16–20; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–834]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Final Results
of Antidumping Duty Administrative
Review; 2016–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that the producers/
exporters subject to this administrative
review made sales of subject
merchandise at less than normal value
during the period of review (POR),
November 14, 2016 through April 30,
2018.
DATES: Applicable January 17, 2020.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or David Crespo, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4682 or (202) 482–3693,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This review covers ten producers/
exporters of the subject merchandise.
Commerce selected two companies,
NLMK Verona SpA (NVR) and Officine
Tecnosider s.r.l. (OTS), for individual
examination. The producers and/or
exporters not selected for individual
examination are listed in the ‘‘Final
Results of the Review’’ section of this
notice.
On July 17, 2019, Commerce
published the Preliminary Results.1 For
a description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.2 On
October 23, 2019, we postponed the
final results by 57 days, until January
10, 2020.3
Commerce conducted this
administrative review in accordance
1 See Certain Carbon and Alloy Steel Cut-To
Length Plate from Italy: Preliminary Results of
Antidumping Duty Administrative Review; 2016–
2018, 84 FR 34121 (July 17, 2019) (Preliminary
Results).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2016–
2018 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel CutTo-Length Plate from Italy,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
3 See Memorandum, ‘‘Carbon and Alloy Steel CutTo-Length Plate from Italy: Extension of Deadline
for Final Results of 2016–2018 Antidumping Duty
Administrative Review,’’ dated October 23, 2019.
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]]>Agencies
[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Notices]
[Pages 3024-3026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00742]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051, C-570-052]
Certain Hardwood Plywood From the People's Republic of China:
Notice of Covered Merchandise Referral and Initiation of Scope Inquiry
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to the Enforce and Protect Act of 2015 (EAPA), the
Department of Commerce (Commerce) received a covered merchandise
referral from U.S. Customs and Border Protection (CBP) in connection
with a CBP EAPA investigation concerning the antidumping duty (AD) and
countervailing duty (CVD) orders on certain hardwood plywood from the
People's Republic of China (China). In accordance with EAPA, Commerce
intends to determine whether the merchandise subject to the referral is
covered by the scope of these orders and promptly transmit its
determination to CBP. Commerce is providing notice of the referral and
inviting participation from interested parties.
DATES: Applicable January 17, 2020.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta 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) 482-2593 or (202)
482-3053, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2016, the Trade Facilitation and Trade Enforcement
Act of 2015 was signed into law, which contains Title IV--Prevention of
Evasion of Antidumping and Countervailing Duty Orders (short title
``Enforce and Protect Act of 2015'' or ``EAPA'') (Pub. L. 114-125, 130
Stat. 122, 155, Feb. 24, 2016). Effective August 22, 2016, section 421
of the EAPA added section 517 to the Tariff Act of 1930, as amended
(the Act), which establishes a formal process for CBP to investigate
allegations of the evasion of AD/CVD orders. Section 517(b)(4)(A) of
the Act provides that if, during the course of an EAPA investigation,
CBP is unable to determine whether the merchandise at issue is covered
merchandise within the meaning of section 517(a)(3) of the Act, it
shall refer the matter to Commerce to make such a determination.
Section 517(a)(3) of the Act defines covered merchandise as merchandise
that is subject to an AD order issued under section 736 of the Act or a
CVD order issued under section 706 of the Act. Section 517(b)(4)(B) of
the Act states that Commerce, after receiving a covered merchandise
referral from CBP, shall determine whether the merchandise is covered
merchandise and promptly transmit its determination to CBP. The Act
does not establish a deadline within which Commerce must issue its
determination.
On September 16, 2019, Commerce received a covered merchandise
referral from CBP regarding CBP EAPA Investigation No. 7252 \1\ which
concerns the Orders \2\ on certain hardwood plywood from China.
Specifically, based on an allegation by Plywood Source, a company
located in California, CBP has requested that Commerce issue a
determination as to whether certain hardwood plywood products produced
by Vietnam Finewood Company Limited (Finewood) from China-origin
materials is covered merchandise subject to the Orders.
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\1\ See CBP's Letter, ``Scope Referral Request for Merchandise
under EAPA Cons. Investigation 7252, Imported by Far East America,
Inc., CIEL Group, American Pacific Plywood, Interglobal Forest, and
Liberty Woods International, Inc., (Importers) and Concerning the
Investigation of Evasion of the Antidumping and Countervailing Duty
Orders on Hardwood Plywood from the People's Republic of China (A-
570-051 and C-570-052),'' dated September 16, 2019. Commerce intends
to make available this document and any supporting documents on
Enforcement and Compliance's Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS) within five days
of publication of this notice.
\2\ See Certain Hardwood Plywood 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); see also
Certain Hardwood Plywood from the People's Republic of China:
Countervailing Duty Order, 83 FR 513 (January 4, 2018)
(collectively, Orders).
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Notification to Interested Parties
Commerce is hereby notifying interested parties that it has
received the covered merchandise referral referenced above, will begin
a new segment of the proceeding by initiating a scope inquiry in
accordance with 19 CFR 351.225(b), and based on our finding in that
scope inquiry, intends to notify CBP as to whether the merchandise
subject to the referral is covered merchandise within the meaning of
section 517(a)(3) of the Act. Additionally, Commerce intends to provide
interested parties with the opportunity to participate in this segment
of the proceeding, including through the submission of comments, and,
if appropriate, new factual information and verification. Specifically,
Commerce will notify parties on the segment-specific service list for
this segment of the proceeding of a schedule for comments. In addition,
Commerce may request factual information from any person to assist in
making its determination, including soliciting information directly
from Finewood to conduct our analysis, and may verify submissions of
factual information, if Commerce determines that such verification is
appropriate. Commerce intends to issue a final determination within 120
days of the publication of this notice (this deadline may be extended
if it is not practicable to complete the final determination within 120
days) and will promptly transmit its final determination to CBP in
accordance with section 517(b)(4)(B) of the Act.
In addition, Commerce may consider conducting a separate
anticircumvention inquiry regarding
[[Page 3025]]
this covered merchandise referral if parties submit the necessary
information addressing the criteria for an anticircumvention inquiry in
accordance with section 781 of the Act. Interested parties are
requested to file such comments and information onto the record of this
proceeding within 30 days of the publication of this notice in the
Federal Register.
Interested parties that wish to participate in this segment of the
proceeding, and receive notice of the final determination, must submit
their letters of appearance as discussed below. Further, any party
desiring access to business proprietary information in this segment of
the proceeding must file an application for access to business
proprietary information under administrative protective order (APO), as
discussed below.
Finally, we note that covered merchandise referrals constitute a
new type of segment of a proceeding at Commerce. Commerce intends to
develop its practice and procedures in this area as it gains more
experience.
Scope of the Orders on Hardwood Plywood From China
For a complete description of the scope of the orders, see the
appendix to this notice.
Filing Requirements
All submissions to Commerce must be filed electronically using
ACCESS.\3\ An electronically filed document must be received
successfully in its entirety by the time and date it is due. Documents
exempted from the electronic submission requirements must be filed
manually (i.e., in paper form) with Enforcement and Compliance's APO/
Dockets Unit, Room 18022, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, and stamped with the date
of receipt by the applicable deadlines.
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\3\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements. Information on help using ACCESS can be found at
https://access.trade.gov/help.aspx and a handbook can be found at
https://access.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf.
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Letters of Appearance and APO
Interested parties that wish to participate in this segment of the
proceeding and be added to the public service list for this segment of
the proceeding must file a letter of appearance in accordance with 19
CFR 351.103(d)(1), with one exception: The parties publicly identified
by CBP in the covered merchandise referral (referenced above) are not
required to submit a letter of appearance, and will be added to the
public service list for this segment of the proceeding by Commerce.
Within 24 hours of this notice being signed, Commerce placed a
request for an APO segment on the record \4\ and established an APO
segment for use in this proceeding. Commerce intends to place the
business proprietary versions of the documents contained in the covered
merchandise referral on the record of this proceeding in ACCESS within
five days of publication of this notice.
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\4\ See Memorandum, ``Request for Establishment of
Administrative Protective Order: Hardwood Plywood from the People's
Republic of China (A-570-051 and C-570-052).''
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Interested parties must submit applications for disclosure under
the APO in accordance with the procedures outlined in Commerce's
regulations at 19 CFR 351.305. Those procedures apply to this segment
of the proceeding, with one exception: APO applicants representing the
parties that have been identified by CBP as an importer in the covered
merchandise referral (referenced above) are exempt from the additional
filing requirements for importers pursuant to 19 CFR 351.305(d).
Dated: January 13, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by the Orders is hardwood and decorative
plywood, and certain veneered panels as described below. For
purposes of this proceeding, hardwood and decorative plywood is
defined as a generally flat, multilayered plywood or other veneered
panel, consisting of two or more layers or plies of wood veneers and
a core, with the face and/or back veneer made of non-coniferous wood
(hardwood) or bamboo. The veneers, along with the core may be glued
or otherwise bonded together. Hardwood and decorative plywood may
include products that meet the American National Standard for
Hardwood and Decorative Plywood, ANSI/HPVA HP-1-2016 (including any
revisions to that standard).
For purposes of the Orders, a ``veneer'' is a slice of wood
regardless of thickness which is cut, sliced or sawed from a log,
bolt, or flitch. The face and back veneers are the outermost veneer
of wood on either side of the core irrespective of additional
surface coatings or covers as described below.
The core of hardwood and decorative plywood consists of the
layer or layers of one or more material(s) that are situated between
the face and back veneers. The core may be composed of a range of
materials, including but not limited to hardwood, softwood,
particleboard, or medium-density fiberboard (MDF).
All hardwood plywood is included within the scope of the Orders
regardless of whether or not the face and/or back veneers are
surface coated or covered and whether or not such surface coating(s)
or covers obscures the grain, textures, or markings of the wood.
Examples of surface coatings and covers include, but are not limited
to: Ultra violet light cured polyurethanes; oil or oil-modified or
water based polyurethanes; wax; epoxy-ester finishes; moisture-cured
urethanes; paints; stains; paper; aluminum; high pressure laminate;
MDF; medium density overlay (MDO); and phenolic film. Additionally,
the face veneer of hardwood plywood may be sanded; smoothed or given
a ``distressed'' appearance through such methods as hand-scraping or
wire brushing. All hardwood plywood is included within the scope
even if it is trimmed; cut-to-size; notched; punched; drilled; or
has underwent other forms of minor processing.
All hardwood and decorative plywood is included within the scope
of the Orders, without regard to dimension (overall thickness,
thickness of face veneer, thickness of back veneer, thickness of
core, thickness of inner veneers, width, or length). However, the
most common panel sizes of hardwood and decorative plywood are 1219
x 1829 mm (48 x 72 inches), 1219 x 2438 mm (48 x 96 inches), and
1219 x 3048 mm (48 x 120 inches).
Subject merchandise also includes hardwood and decorative
plywood that has been further processed in a third country,
including but not limited to trimming, cutting, notching, punching,
drilling, or any other processing that would not otherwise remove
the merchandise from the scope of the Orders if performed in the
country of manufacture of the in-scope product.
The scope of the Orders excludes the following items: (1)
Structural plywood (also known as ``industrial plywood'' or
``industrial panels'') that is manufactured to meet U.S. Products
Standard PS 1-09, PS 2-09, or PS 2-10 for Structural Plywood
(including any revisions to that standard or any substantially
equivalent international standard intended for structural plywood),
and which has both a face and a back veneer of coniferous wood; (2)
products which have a face and back veneer of cork; (3) multilayered
wood flooring, as described in the antidumping duty and
countervailing duty orders on Multilayered Wood Flooring from the
People's Republic of China, Import Administration, International
Trade Administration. See Multilayered Wood Flooring from the
People's Republic of China, 76 FR 76690 (December 8, 2011) (amended
final determination of sales at less than fair value and antidumping
duty order), and Multilayered Wood Flooring from the People's
Republic of China, 76 FR 76693 (December 8, 2011) (countervailing
duty order), as amended by Multilayered Wood
[[Page 3026]]
Flooring from the People's Republic of China: Amended Antidumping
and Countervailing Duty Orders, 77 FR 5484 (February 3, 2012); (4)
multilayered wood flooring with a face veneer of bamboo or composed
entirely of bamboo; (5) plywood which has a shape or design other
than a flat panel, with the exception of any minor processing
described above; (6) products made entirely from bamboo and
adhesives (also known as ``solid bamboo''); and (7) Phenolic Film
Faced Plyform (PFF), also known as Phenolic Surface Film Plywood
(PSF), defined as a panel with an ``Exterior'' or ``Exposure 1''
bond classification as is defined by The Engineered Wood
Association, having an opaque phenolic film layer with a weight
equal to or greater than 90g/m3 permanently bonded on both the face
and back veneers and an opaque, moisture resistant coating applied
to the edges.
Excluded from the scope of the Orders are wooden furniture goods
that, at the time of importation, are fully assembled and are ready
for their intended uses. Also excluded from the scope of the Orders
is ``ready to assemble'' (RTA) furniture. RTA furniture is defined
as (A) furniture packaged for sale for ultimate purchase by an end-
user that, at the time of importation, includes (1) all wooden
components (in finished form) required to assemble a finished unit
of furniture, (2) all accessory parts (e.g., screws, washers,
dowels, nails, handles, knobs, adhesive glues) required to assemble
a finished unit of furniture, and (3) instructions providing
guidance on the assembly of a finished unit of furniture; (B)
unassembled bathroom vanity cabinets, having a space for one or more
sinks, that are imported with all unassembled hardwood and hardwood
plywood components that have been cut-to-final dimensional component
shape/size, painted or stained prior to importation, and stacked
within a singled shipping package, except for furniture feet which
may be packed and shipped separately; or (C) unassembled bathroom
vanity linen closets that are imported with all unassembled hardwood
and hardwood plywood components that have been cut-to-final
dimensional shape/size, painted or stained prior to importation, and
stacked within a single shipping package, except for furniture feet
which may be packed and shipped separately.
Excluded from the scope of the Orders are kitchen cabinets that,
at the time of importation, are fully assembled and are ready for
their intended uses. Also excluded from the scope of the Orders are
RTA kitchen cabinets. RTA kitchen cabinets are defined as kitchen
cabinets packaged for sale for ultimate purchase by an end-user
that, at the time of importation, includes (1) all wooden components
(in finished form) required to assemble a finished unit of
cabinetry, (2) all accessory parts (e.g., screws, washers, dowels,
nails, handles, knobs, hooks, adhesive glues) required to assemble a
finished unit of cabinetry, and (3) instructions providing guidance
on the assembly of a finished unit of cabinetry.
Excluded from the scope of the Orders are finished table tops,
which are table tops imported in finished form with pre-cut or
drilled openings to attach the underframe or legs. The table tops
are ready for use at the time of import and require no further
finishing or processing.
Excluded from the scope of the Orders are finished countertops
that are imported in finished form and require no further finishing
or manufacturing.
Excluded from the scope of the Orders are laminated veneer
lumber door and window components with (1) a maximum width of 44
millimeters, a thickness from 30 millimeters to 72 millimeters, and
a length of less than 2413 millimeters (2) water boiling point
exterior adhesive, (3) a modulus of elasticity of 1,500,000 pounds
per square inch or higher, (4) finger-jointed or lap-jointed core
veneer with all layers oriented so that the grain is running
parallel or with no more than 3 dispersed layers of veneer oriented
with the grain running perpendicular to the other layers; and (5)
top layer machined with a curved edge and one or more profile
channels throughout.
Imports of hardwood plywood are primarily entered under the
following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 4412.10.0500; 4412.31.0520; 4412.31.0540; 4412.31.0560;
4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510;
4412.31.2520; 4412.31.2610; 4412.31.2620; 4412.31.4040;
4412.31.4050; 4412.31.4060; 4412.31.4075; 4412.31.4080;
4412.31.4140; 4412.31.4150; 4412.31.4160; 4412.31.4180;
4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165;
4412.31.5175; 4412.31.5235; 4412.31.5255; 4412.31.5265;
4412.31.5275; 4412.31.6000; 4412.31.6100; 4412.31.9100;
4412.31.9200; 4412.32.0520; 4412.32.0540; 4412.32.0565;
4412.32.0570; 4412.32.0620; 4412.32.0640; 4412.32.0670;
4412.32.2510; 4412.32.2525; 4412.32.2530; 4412.32.2610;
4412.32.2630; 4412.32.3125; 4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.3235;
4412.32.3255; 4412.32.3265; 4412.32.3275; 4412.32.3285;
4412.32.5600; 4412.32.3235; 4412.32.3255; 4412.32.3265;
4412.32.3275; 4412.32.3285; 4412.32.5700; 4412.94.1030;
4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121;
4412.94.3141; 4412.94.3161; 4412.94.3175; 4412.94.4100;
4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040;
4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140;
4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100;
4412.99.5115; and 4412.99.5710.
Imports of hardwood plywood may also enter under HTSUS
subheadings 4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000;
4412.10.9000; 4412.94.5100; 4412.94.9500; and 4412.99.9500. While
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the Orders is
dispositive.
[FR Doc. 2020-00742 Filed 1-16-20; 8:45 am]
BILLING CODE 3510-DS-P
