Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 7270-7273 [2020-02469]

Download as PDF 7270 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] jbell on DSKJLSW7X2PROD with NOTICES BILLING CODE 3510–DS–P 14 See 19 CFR 351.310(c). 15 Id. 16 See section 751(a)(3)(A) of the Act. VerDate Sep<11>2014 17:42 Feb 06, 2020 Jkt 250001 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). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 http://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 http://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. E:\FR\FM\07FEN1.SGM 07FEN1 7271 Federal Register / Vol. 85, No. 26 / Friday, February 7, 2020 / Notices 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 jbell on DSKJLSW7X2PROD with NOTICES 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). VerDate Sep<11>2014 17:42 Feb 06, 2020 Jkt 250001 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 E:\FR\FM\07FEN1.SGM 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). 19 CFR 351.310(c). 07FEN1 7272 Federal Register / Vol. 85, No. 26 / Friday, February 7, 2020 / Notices 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). jbell on DSKJLSW7X2PROD with NOTICES 15 See VerDate Sep<11>2014 17:42 Feb 06, 2020 Jkt 250001 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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 E:\FR\FM\07FEN1.SGM AD Order, 83 FR at 512. 07FEN1 Federal Register / Vol. 85, No. 26 / Friday, February 7, 2020 / Notices 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: jbell on DSKJLSW7X2PROD with NOTICES 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). VerDate Sep<11>2014 17:42 Feb 06, 2020 Jkt 250001 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. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 7273 Memorandum can be accessed directly at http://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 E:\FR\FM\07FEN1.SGM Continued 07FEN1

Agencies

[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\
---------------------------------------------------------------------------

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

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

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

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

    \7\ See, e.g., Chengen's July 23, 2019, Section C Questionnaire 
Response, at 31.
---------------------------------------------------------------------------

    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 http://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 http://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:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

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