Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 7270-7273 [2020-02469]
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Federal Register / Vol. 85, No. 26 / Friday, February 7, 2020 / Notices
date of publication of this notice.14
Hearing requests should contain: (1) The
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of issues to be discussed.
Issues raised in the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.15
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis
raised in any written briefs, not later
than 120 days after the publication of
these preliminary results in the Federal
Register, unless otherwise extended.16
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: January 31, 2020.
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
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2020–02468 Filed 2–6–20; 8:45 am]
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BILLING CODE 3510–DS–P
14 See
19 CFR 351.310(c).
15 Id.
16 See
section 751(a)(3)(A) of the Act.
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–051]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain producers and exporters of
certain hardwood plywood products
(hardwood plywood) from the People’s
Republic of China (China) made sales of
subject merchandise at prices below
normal value (NV) during the period of
review (POR) June 23, 2017 through
December 31, 2018. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable February 7, 2020.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 4, 2018, Commerce issued
an antidumping duty (AD) order on
hardwood plywood from China.1
Several interested parties requested that
Commerce conduct an administrative
review of the AD Order, and on April 1,
2019, Commerce published in the
Federal Register a notice of initiation of
an administrative review of the AD
Order for 58 producers/exporters for the
POR.2 Subsequent to the initiation of
the administrative review, several
interested parties timely withdrew their
request for 29 companies, and on
November 15, 2019, we published a
partial rescission of this administrative
review.3 On September 20, 2019,
Commerce extended the time limit for
completing the preliminary results of
1 See Certain Hardwood Plywood Products from
the People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 83 FR 504 (January
4, 2018) (AD Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
12200 (April 1, 2019) (Initiation Notice).
3 See Certain Hardwood Plywood Products from
the People’s Republic of China: Partial Rescission
of Antidumping Duty Administrative Review; 2017–
2018, 84 FR 62509 (November 15, 2019).
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this review.4 The current extended
deadline for completing the preliminary
results of this review is January 31,
2020.5
Scope of the Order
The product covered by the order is
hardwood plywood from China. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum.6
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). Commerce preliminarily
determines that the reported U.S. sales
of Linyi Chengen Import and Export Co.,
Ltd. (Chengen) were export price (EP)
sales.7 We calculated EP sales in
accordance with section 772 of the Act.
Given that China is a non-market
economy (NME) country, within the
meaning of section 771(18) of the Act,
Commerce calculated NV in accordance
with section 773(c) of the Act.
For a full description of the
methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum,
which is incorporated by, and hereby
adopted by, this notice. The Preliminary
Decision Memorandum is a public
document and is made available to the
public 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
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The
signed and the electronic versions of the
Preliminary Decision Memorandum are
identical in content. A list of topics
included in the Preliminary Decision
Memorandum is provided in Appendix
I to this notice.
Separate Rates
Commerce preliminarily determines
that the information placed on the
record by Chengen, as well as by the
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated September 20, 2019.
5 Id.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Certain Hardwood
Plywood Products from the People’s Republic of
China; 2017–2018,’’ dated January 31, 2020
(Preliminary Decision Memorandum).
7 See, e.g., Chengen’s July 23, 2019, Section C
Questionnaire Response, at 31.
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other companies listed in the rate table
in the ‘‘Preliminary Results of Review’’
section below, demonstrates that these
companies are entitled to separate rate
status. Neither the Act nor Commerce’s
regulations address the establishment of
the rate applied to individual
companies not selected for examination
where Commerce limited its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Commerce’s practice in cases
involving limited selection based on
exporters accounting for the largest
volume of imports has been to look to
section 735(c)(5) of the Act for guidance,
which provides instructions for
calculating the all-others rate in a
market economy investigation. Section
735(c)(5)(A) of the Act instructs
Commerce to use rates established for
individually investigated producers and
exporters, excluding any rates that are
zero, de minimis, or based entirely on
facts available in investigations. In this
administrative review, Chengen is the
only reviewed respondent that received
a calculated weighted-average margin.
Therefore, for the preliminary results,
Commerce has preliminarily determined
to assign Chengen’s margin to the nonselected separate-rate companies.
In addition, Commerce preliminarily
determines that certain companies have
not demonstrated their entitlement to
separate rate status because they did not
timely file their separate rate
application and/or certification and,
consequently, did not rebut the
presumption of de jure or de facto
government control of their operations.
See Appendix II of this notice for a
complete list of companies not receiving
a separate rate.
Commerce is treating the companies
that were not granted separate rate
status as part of the China-wide entity.
Because no party requested a review of
the China-wide entity,8 the entity is not
under review, and the entity’s rate (i.e.,
183.36 percent) 9 is not subject to
change.10
Adjustments for Export Subsidies
Commerce has preliminarily adjusted
Chengen’s U.S. price for export
subsidies, pursuant to section
772(c)(1)(C) of the Act.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margins exist for the period June 23,
2017 through December 31, 2018:
Weighted-average
dumping margin
(percent)
Exporter
Linyi Chengen Import and Export Co., Ltd ....................................................................................................................................
Anhui Hoda Wood Co., Ltd ...........................................................................................................................................................
Cosco Star International Co., Ltd ..................................................................................................................................................
Happy Wood Industrial Group Co., Ltd .........................................................................................................................................
Jiangsu High Hope Arser Co., Ltd ................................................................................................................................................
Jiaxing Hengtong Wood Co., Ltd ..................................................................................................................................................
Linyi Evergreen Wood Co., Ltd .....................................................................................................................................................
Linyi Glary Plywood Co., Ltd .........................................................................................................................................................
Linyi Huasheng Yongbin Wood Co., Ltd .......................................................................................................................................
Linyi Jiahe Wood Industry Co., Ltd ...............................................................................................................................................
Linyi Sanfortune Wood Co., Ltd ....................................................................................................................................................
Qingdao Top P&Q International Corp ...........................................................................................................................................
Shanghai Brightwood Trading Co., Ltd .........................................................................................................................................
Shanghai Futuwood Trading Co., Ltd ...........................................................................................................................................
Shanghai Luli Trading Co., Ltd ......................................................................................................................................................
Suqian Hopeway International Trade Co., Ltd ..............................................................................................................................
Suzhou Oriental Dragon Import and Export Co., Ltd ....................................................................................................................
Xuzhou Jiangheng Wood Products Co., Ltd .................................................................................................................................
Xuzhou Jiangyang Wood Industries Co., Ltd ................................................................................................................................
Xuzhou Timber International Trade Co., Ltd .................................................................................................................................
Zhejiang Dehua TB Import & Export Co., Ltd ...............................................................................................................................
Verification
As provided in section 782(i)(3)(B) of
the Act, provided that the conditions in
China allow, Commerce intends to
verify certain information relied upon in
making its final results because we find
that good cause exists to verify the
questionnaire responses of Chengen.11
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Disclosure and Public Comment
Commerce intends to disclose to
parties the calculations performed for
these preliminary results of review
within five days of the date of
8 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65970 (November 4, 2013).
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publication of this notice in the Federal
Register in accordance with 19 CFR
351.224(b). Commerce will establish a
deadline for interested parties to submit
case briefs and rebuttal briefs at a later
date.12 Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue,
(2) a brief summary of the argument,
and (3) a table of authorities. Case and
rebuttal briefs should be filed using
ACCESS.
Interested parties who wish to request
a hearing must submit a written request
AD Order, 83 FR at 512.
additional information regarding
Commerce’s separate rate determinations, see the
Preliminary Decision Memorandum.
11 See Preliminary Decision Memorandum.
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, within 30
days after the date of publication of this
notice.13 Requests should contain: (1)
The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. If a request for a
hearing is made, Commerce intends to
hold the hearing at the U.S. Department
of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date
9 See
12 See
10 For
13 See
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19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
19 CFR 351.310(c).
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and time to be determined.14 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date of the
hearing.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.15 An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time (ET) on the due date.
Documents excepted from the electronic
submission requirements must be filed
manually (i.e., in paper form) with the
APO/Dockets Unit in Room 18022 and
stamped with the date and time of
receipt by 5:00 p.m. ET on the due
date.16
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review, pursuant
to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and U.S. Customs and Border Protection
(CBP) shall assess, AD duties on all
appropriate entries covered by this
review.17 Commerce intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review. Where the
individually examined respondent’s
weighted-average dumping margin in
the final results of review is not zero or
de minimis (i.e., less than 0.5 percent),
Commerce intends to calculate
importer-specific assessment rates, in
accordance with 19 CFR 351.212(b)(1).18
For Chengen, Commerce intends to
calculate an importer-specific per-unit
assessment rate by dividing the amount
of dumping for reviewed sales to the
importer by the total sales quantity
associated with those transactions.
Where an importer-specific ad valorem
or per-unit assessment rate is not zero
or de minimis, Commerce will instruct
CBP to collect the appropriate duties at
the time of liquidation. Where either the
respondent’s weighted-average dumping
14 See
19 CFR 351.310(d).
generally 19 CFR 351.303.
16 Id. (for general filing requirements); see also
Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative
Protective Order Procedures, 76 FR 39263 (July 6,
2011).
17 See 19 CFR 351.212(b)(1).
18 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
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15 See
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margin is zero or de minimis, or an
importer-specific ad valorem or per-unit
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
AD duties.19 We intend to instruct CBP
to take into account the ‘‘provisional
measures deposit cap,’’ in accordance
with 19 CFR 351.212(d).
Pursuant to Commerce’s practice, for
entries that were not reported in the
U.S. sales database submitted by
Chengen during this review, Commerce
will instruct CBP to liquidate such
entries at the rate for the China-wide
entity.20
For the respondents that were not
selected for individual examination in
this administrative review and that
qualified for a separate rate, the
assessment rate will be equal to the
weighted-average dumping margin
determined for Chengen in the final
results of this administrative review. We
will also instruct CBP to take into
account the ‘‘provisional measures
deposit cap’’ in accordance with 19 CFR
351.212(d).
For the final results, if we continue to
treat the seven exporters preliminarily
found not to qualify for separate rates as
part of the China-wide entity, we will
instruct CBP to apply an ad valorem
assessment rate of 183.36 percent, the
current rate established for the Chinawide entity, to all entries of subject
merchandise during the POR which
were exported by those companies.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of AD duties on POR entries,
and for future deposits of estimated AD
duties, where applicable.
Cash Deposit Requirements
Commerce will instruct CBP to
require a cash deposit for AD duties
equal to the weighted-average amount
by which NV exceeds U.S. price. The
following cash deposit requirements
will be effective upon publication of the
final results of this administrative
review for shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) For
the exporters listed above, the cash
deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
19 See
Final Modification, 77 FR at 8103.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
20 See
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review (except that, if the rate is de
minimis (i.e., less than 0.5 percent), then
the cash deposit rate will be zero for
that exporter); (2) for previously
investigated or reviewed China and nonChina exporters not listed above that
have separate rates, the cash deposit rate
will continue to be the exporter-specific
rate published for the most recently
completed segment of this proceeding;
(3) for all China exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity (i.e., 183.36
percent); 21 and (4) for all non-China
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to the China exporter that
supplied that non-China exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of AD
duties and/or countervailing duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of AD duties and/or
countervailing duties has occurred, and
the subsequent assessment of double AD
duties and/or an increase in the amount
of AD duties by the amount of the
countervailing duties.
These preliminary results 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: January 31, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
List of Companies Not Receiving Separate
Rate Status
1. Jiangsu Sunwell Cabinetry Co., Ltd.
2. Linyi Bomei Furniture Co., Ltd.
3. Linyi Dahua Wood Co., Ltd.
21 See
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AD Order, 83 FR at 512.
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4. Pingyi Jinniu Wood Co., Ltd.
5. SAICG International Trading Co., Ltd.
6. Shandong Jinhua International Trading
Co., Ltd.
7. Xuzhou Amish Import & Export Co., Ltd.
[FR Doc. 2020–02469 Filed 2–6–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–858]
Certain Softwood Lumber Products
From Canada: Preliminary Results and
Partial Rescission of the
Countervailing Duty Administrative
Review; 2017–2018
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 exporters of
certain softwood lumber products
(softwood lumber) from Canada. The
period of review is April 28, 2017
through December 31, 2018. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable February 7, 2020.
FOR FURTHER INFORMATION CONTACT:
Peter Zukowski (Canfor), Nicholas
Czajkowski (JDIL), Kristen Johnson
(Resolute), and George McMahon (West
Fraser), AD/CVD Operations, Offices I
and III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0189,
(202) 482–1395, (202) 482–4793, and
(202) 482–1167, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On January 3, 2018, Commerce
published in the Federal Register a
countervailing duty (CVD) order on
softwood lumber from Canada.1 Several
interested parties requested that
Commerce conduct an administrative
review of the CVD Order, and, on April
1, 2019, Commerce published in the
Federal Register a notice of initiation of
the first administrative review of the
CVD Order.2 On May 17, 2019,
Commerce selected the following
1 See Certain Softwood Lumber Products from
Canada: Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order,
83 FR 347 (January 3, 2018) (CVD Order).
2 See Certain Softwood Lumber Products from
Canada: Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
12209 (April 1, 2019).
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producers and exporters as the
mandatory respondents in the
administrative review: Canfor
Corporation, Resolute FP Canada Inc.,
and West Fraser Mills Ltd.3 On July 18,
2019, Commerce selected J.D. Irving,
Limited as a voluntary respondent in
the administrative review.4 On
September 6, 2019, Commerce
postponed the preliminary results of
this review extending the deadline until
January 31, 2020.5
Scope of the Order
The product covered by this order is
certain softwood lumber products from
Canada. For a complete description of
the scope of the order, see the
Preliminary Decision Memorandum.6
Methodology
Commerce is conducting this CVD
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, Commerce
preliminarily determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that confers a benefit to
the recipient, and that the subsidy is
specific.7
For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document that 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 to all
parties in the Central Records Unit,
room B8024 of the main Commerce
building. In addition, a complete
version of the Preliminary Decision
3 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order on Certain Softwood
Lumber Products from Canada: Respondent
Selection,’’ dated May 17, 2019.
4 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order on Certain Softwood
Lumber Products from Canada: Selection of JD
Irving, Ltd. as a Voluntary Respondent,’’ dated July
18, 2019.
5 See Memorandum, ‘‘Certain Softwood Lumber
Products from Canada: Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review—2017–2018,’’ dated
September 6, 2019.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Administrative Review of
the Countervailing Duty Order on Certain Softwood
Lumber Products from Canada; 2017–2018,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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7273
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content. The list of
topics discussed in the Preliminary
Decision Memorandum is included as
an appendix to this notice.
Partial Rescission of Administrative
Review
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 review. On June 19,
2019, the Committee Overseeing Action
for Lumber International Trade
Investigations or Negotiations
(COALITION) withdrew its request for
several of the companies for which
Commerce initiated an administrative
review.8 On July 1, 2019, Fontaine, Inc.
and Mobilier Rustique withdrew their
respective requests for administrative
review.9 All withdrawal of review
requests were timely submitted within
90 days of the publication date of the
notice of initiation. No other parties
requested an administrative review of
the order with respect to these entities
for which the requests for review were
withdrawn.
On January 15, 2020, Commerce
issued a memorandum regarding its
intent to rescind the administrative
review for those companies for which a
withdrawal of review request was
received and invited interested parties
to comment.10 On January 21, 2020,
Brink Forest Products Ltd. and
Vanderhoof Specialty Wood Products
Ltd. (Brink Forest/Vanderhoof)
submitted a comment on the companies’
exclusion from the review and stated
that they should remain subject to the
review.11 On January 22, 2020, Tolko
8 See COALITION’s Letters, ‘‘Certain Softwood
Lumber Products from Canada: Withdrawal of
Request for Administrative Review,’’ dated June 19,
2019; and ‘‘Certain Softwood Lumber Products from
Canada: Clarification of Petitioner’s Withdrawal of
Request for Administrative Review,’’ dated July 26,
2019.
9 See Fontaine, Inc.’s Letter, ‘‘Softwood Lumber
from Canada: Withdrawal of Request for
Countervailing Duty Administrative Review (4/28/
2017–12/31/2018),’’ dated July 1, 2019; see also
Mobilier Rustique’s Letter, ‘‘Certain Softwood
Lumber Products from Canada—Mobilier Rustique
Withdrawal of Request for Administrative Review,’’
dated July 1, 2019.
10 See Memorandum, ‘‘Intent to Rescind the 2017/
2018 Administrative Review, in Part,’’ dated
January 15, 2020 (Intent to Rescind Memorandum).
11 See Brink Forest Products Ltd. and Vanderhoof
Specialty Wood Products Ltd.’s Letter,
‘‘Administrative Review of the Countervailing Duty
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Continued
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[Federal Register Volume 85, Number 26 (Friday, February 7, 2020)]
[Notices]
[Pages 7270-7273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02469]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051]
Certain Hardwood Plywood Products From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain producers and exporters of certain hardwood plywood
products (hardwood plywood) from the People's Republic of China (China)
made sales of subject merchandise at prices below normal value (NV)
during the period of review (POR) June 23, 2017 through December 31,
2018. We invite interested parties to comment on these preliminary
results.
DATES: Applicable February 7, 2020.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2018, Commerce issued an antidumping duty (AD) order
on hardwood plywood from China.\1\ Several interested parties requested
that Commerce conduct an administrative review of the AD Order, and on
April 1, 2019, Commerce published in the Federal Register a notice of
initiation of an administrative review of the AD Order for 58
producers/exporters for the POR.\2\ Subsequent to the initiation of the
administrative review, several interested parties timely withdrew their
request for 29 companies, and on November 15, 2019, we published a
partial rescission of this administrative review.\3\ On September 20,
2019, Commerce extended the time limit for completing the preliminary
results of this review.\4\ The current extended deadline for completing
the preliminary results of this review is January 31, 2020.\5\
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\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018)
(AD Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 12200 (April 1, 2019) (Initiation
Notice).
\3\ See Certain Hardwood Plywood Products from the People's
Republic of China: Partial Rescission of Antidumping Duty
Administrative Review; 2017-2018, 84 FR 62509 (November 15, 2019).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated September
20, 2019.
\5\ Id.
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Scope of the Order
The product covered by the order is hardwood plywood from China. A
full description of the scope of the order is contained in the
Preliminary Decision Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Hardwood Plywood Products from the People's Republic of China; 2017-
2018,'' dated January 31, 2020 (Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Commerce
preliminarily determines that the reported U.S. sales of Linyi Chengen
Import and Export Co., Ltd. (Chengen) were export price (EP) sales.\7\
We calculated EP sales in accordance with section 772 of the Act. Given
that China is a non-market economy (NME) country, within the meaning of
section 771(18) of the Act, Commerce calculated NV in accordance with
section 773(c) of the Act.
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\7\ See, e.g., Chengen's July 23, 2019, Section C Questionnaire
Response, at 31.
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For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum, which is incorporated by, and hereby adopted by, this
notice. The Preliminary Decision Memorandum is a public document and is
made available to the public 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 Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content. A list of
topics included in the Preliminary Decision Memorandum is provided in
Appendix I to this notice.
Separate Rates
Commerce preliminarily determines that the information placed on
the record by Chengen, as well as by the
[[Page 7271]]
other companies listed in the rate table in the ``Preliminary Results
of Review'' section below, demonstrates that these companies are
entitled to separate rate status. Neither the Act nor Commerce's
regulations address the establishment of the rate applied to individual
companies not selected for examination where Commerce limited its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Commerce's practice in cases involving limited selection
based on exporters accounting for the largest volume of imports has
been to look to section 735(c)(5) of the Act for guidance, which
provides instructions for calculating the all-others rate in a market
economy investigation. Section 735(c)(5)(A) of the Act instructs
Commerce to use rates established for individually investigated
producers and exporters, excluding any rates that are zero, de minimis,
or based entirely on facts available in investigations. In this
administrative review, Chengen is the only reviewed respondent that
received a calculated weighted-average margin. Therefore, for the
preliminary results, Commerce has preliminarily determined to assign
Chengen's margin to the non-selected separate-rate companies.
In addition, Commerce preliminarily determines that certain
companies have not demonstrated their entitlement to separate rate
status because they did not timely file their separate rate application
and/or certification and, consequently, did not rebut the presumption
of de jure or de facto government control of their operations. See
Appendix II of this notice for a complete list of companies not
receiving a separate rate.
Commerce is treating the companies that were not granted separate
rate status as part of the China-wide entity. Because no party
requested a review of the China-wide entity,\8\ the entity is not under
review, and the entity's rate (i.e., 183.36 percent) \9\ is not subject
to change.\10\
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\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\9\ See AD Order, 83 FR at 512.
\10\ For additional information regarding Commerce's separate
rate determinations, see the Preliminary Decision Memorandum.
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Adjustments for Export Subsidies
Commerce has preliminarily adjusted Chengen's U.S. price for export
subsidies, pursuant to section 772(c)(1)(C) of the Act.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist for the period June
23, 2017 through December 31, 2018:
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Weighted-average
Exporter dumping margin
(percent)
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Linyi Chengen Import and Export Co., Ltd............. 0.93
Anhui Hoda Wood Co., Ltd............................. 0.93
Cosco Star International Co., Ltd.................... 0.93
Happy Wood Industrial Group Co., Ltd................. 0.93
Jiangsu High Hope Arser Co., Ltd..................... 0.93
Jiaxing Hengtong Wood Co., Ltd....................... 0.93
Linyi Evergreen Wood Co., Ltd........................ 0.93
Linyi Glary Plywood Co., Ltd......................... 0.93
Linyi Huasheng Yongbin Wood Co., Ltd................. 0.93
Linyi Jiahe Wood Industry Co., Ltd................... 0.93
Linyi Sanfortune Wood Co., Ltd....................... 0.93
Qingdao Top P&Q International Corp................... 0.93
Shanghai Brightwood Trading Co., Ltd................. 0.93
Shanghai Futuwood Trading Co., Ltd................... 0.93
Shanghai Luli Trading Co., Ltd....................... 0.93
Suqian Hopeway International Trade Co., Ltd.......... 0.93
Suzhou Oriental Dragon Import and Export Co., Ltd.... 0.93
Xuzhou Jiangheng Wood Products Co., Ltd.............. 0.93
Xuzhou Jiangyang Wood Industries Co., Ltd............ 0.93
Xuzhou Timber International Trade Co., Ltd........... 0.93
Zhejiang Dehua TB Import & Export Co., Ltd........... 0.93
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Verification
As provided in section 782(i)(3)(B) of the Act, provided that the
conditions in China allow, Commerce intends to verify certain
information relied upon in making its final results because we find
that good cause exists to verify the questionnaire responses of
Chengen.\11\
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\11\ See Preliminary Decision Memorandum.
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Disclosure and Public Comment
Commerce intends to disclose to parties the calculations performed
for these preliminary results of review within five days of the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b). Commerce will establish a deadline for interested
parties to submit case briefs and rebuttal briefs at a later date.\12\
Parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue, (2) a brief summary of the argument, and (3) a table of
authorities. Case and rebuttal briefs should be filed using ACCESS.
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\12\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice.\13\ Requests should contain: (1) The
party's name, address and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at the U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230, at a date
[[Page 7272]]
and time to be determined.\14\ Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date of the hearing.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS.\15\ An electronically filed document must
be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5:00 p.m. Eastern Time (ET) on the due date.
Documents excepted from the electronic submission requirements must be
filed manually (i.e., in paper form) with the APO/Dockets Unit in Room
18022 and stamped with the date and time of receipt by 5:00 p.m. ET on
the due date.\16\
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\15\ See generally 19 CFR 351.303.
\16\ Id. (for general filing requirements); see also Antidumping
and Countervailing Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR 39263 (July 6,
2011).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
AD duties on all appropriate entries covered by this review.\17\
Commerce intends to issue assessment instructions to CBP 15 days after
the publication date of the final results of this review. Where the
individually examined respondent's weighted-average dumping margin in
the final results of review is not zero or de minimis (i.e., less than
0.5 percent), Commerce intends to calculate importer-specific
assessment rates, in accordance with 19 CFR 351.212(b)(1).\18\ For
Chengen, Commerce intends to calculate an importer-specific per-unit
assessment rate by dividing the amount of dumping for reviewed sales to
the importer by the total sales quantity associated with those
transactions. Where an importer-specific ad valorem or per-unit
assessment rate is not zero or de minimis, Commerce will instruct CBP
to collect the appropriate duties at the time of liquidation. Where
either the respondent's weighted-average dumping margin is zero or de
minimis, or an importer-specific ad valorem or per-unit assessment rate
is zero or de minimis, Commerce will instruct CBP to liquidate
appropriate entries without regard to AD duties.\19\ We intend to
instruct CBP to take into account the ``provisional measures deposit
cap,'' in accordance with 19 CFR 351.212(d).
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\17\ See 19 CFR 351.212(b)(1).
\18\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\19\ See Final Modification, 77 FR at 8103.
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Pursuant to Commerce's practice, for entries that were not reported
in the U.S. sales database submitted by Chengen during this review,
Commerce will instruct CBP to liquidate such entries at the rate for
the China-wide entity.\20\
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\20\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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For the respondents that were not selected for individual
examination in this administrative review and that qualified for a
separate rate, the assessment rate will be equal to the weighted-
average dumping margin determined for Chengen in the final results of
this administrative review. We will also instruct CBP to take into
account the ``provisional measures deposit cap'' in accordance with 19
CFR 351.212(d).
For the final results, if we continue to treat the seven exporters
preliminarily found not to qualify for separate rates as part of the
China-wide entity, we will instruct CBP to apply an ad valorem
assessment rate of 183.36 percent, the current rate established for the
China-wide entity, to all entries of subject merchandise during the POR
which were exported by those companies.
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of AD
duties on POR entries, and for future deposits of estimated AD duties,
where applicable.
Cash Deposit Requirements
Commerce will instruct CBP to require a cash deposit for AD duties
equal to the weighted-average amount by which NV exceeds U.S. price.
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash
deposit rate will be equal to the weighted-average dumping margin
established in the final results of this review (except that, if the
rate is de minimis (i.e., less than 0.5 percent), then the cash deposit
rate will be zero for that exporter); (2) for previously investigated
or reviewed China and non-China exporters not listed above that have
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recently completed segment of this
proceeding; (3) for all China exporters of subject merchandise that
have not been found to be entitled to a separate rate, the cash deposit
rate will be the rate for the China-wide entity (i.e., 183.36 percent);
\21\ and (4) for all non-China exporters of subject merchandise that
have not received their own rate, the cash deposit rate will be the
rate applicable to the China exporter that supplied that non-China
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
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\21\ See AD Order, 83 FR at 512.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of AD duties and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of AD duties and/or countervailing duties has
occurred, and the subsequent assessment of double AD duties and/or an
increase in the amount of AD duties by the amount of the countervailing
duties.
These preliminary results 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: January 31, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
List of Companies Not Receiving Separate Rate Status
1. Jiangsu Sunwell Cabinetry Co., Ltd.
2. Linyi Bomei Furniture Co., Ltd.
3. Linyi Dahua Wood Co., Ltd.
[[Page 7273]]
4. Pingyi Jinniu Wood Co., Ltd.
5. SAICG International Trading Co., Ltd.
6. Shandong Jinhua International Trading Co., Ltd.
7. Xuzhou Amish Import & Export Co., Ltd.
[FR Doc. 2020-02469 Filed 2-6-20; 8:45 am]
BILLING CODE 3510-DS-P
