Wood Mouldings and Millwork Products From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 35900-35902 [2020-12752]
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35900
Federal Register / Vol. 85, No. 114 / Friday, June 12, 2020 / Notices
Transformers, Electrical Transformers,
and Transformer Regulators.
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
[FR Doc. 2020–12759 Filed 6–9–20; 4:15 pm]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–118]
Wood Mouldings and Millwork
Products From the People’s Republic
of China: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination
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
wood mouldings and millwork products
(millwork products) from the People’s
Republic of China (China). The period
of investigation is January 1, 2019
through December 31, 2019. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable June 12, 2020.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik or Faris Montgomery, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6905 or
(202) 482–1537, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
jbell on DSKJLSW7X2PROD with NOTICES
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on February 5, 2020.1 On March 12,
2020, Commerce postponed the
preliminary determination of this
investigation and the revised deadline is
now June 8, 2020.2 For a complete
description of the events that followed
the initiation of this investigation, see
1 See Wood Mouldings and Millwork Products
from the People’s Republic of China: Initiation of
Countervailing Duty Investigation, 85 FR 6513
(February 5, 2020) (Initiation Notice).
2 See Wood Mouldings and Millwork Products
from the People’s Republic of China: Postponement
of Preliminary Determination of Antidumping Duty
Investigation, 85 FR 15433 (March 12, 2020).
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17:43 Jun 11, 2020
Jkt 250001
the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
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.
Scope of the Investigation
The products covered by this
investigation are millwork products
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce intends to
issue its preliminary decision regarding
comments concerning the scope of the
antidumping (AD) and countervailing
(CVD) investigations of millwork
products from Brazil and China with the
preliminary determinations of the AD
investigations.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of 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
gives rise to a benefit to the recipient,
and that the subsidy is specific.6
Commerce notes that, in making these
findings, it relied, in part, on facts
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Wood
Mouldings and Millwork Products from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 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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Fmt 4703
Sfmt 4703
available and, because it finds that one
or more respondents did not act to the
best of their ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final CVD determination in this
investigation with the final
determination in the companion AD
investigation of millwork products from
China based on a request made by the
petitioner.8 Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
October 19, 2020, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act. In
this investigation, as discussed in the
Preliminary Decision Memorandum,
Commerce preliminarily assigned a rate
based entirely on facts available to
Fujian Nanping Yuanqiao WoodIndustry Co., Ltd. Therefore, the only
preliminary rate that is not zero, de
minimis or based entirely on facts
otherwise available is the rate calculated
for Fujian Yinfeng Imp & Exp Trading
Co., Ltd. (Yinfeng). Consequently, the
preliminary rate calculated for Yinfeng
is also assigned as the preliminary rate
for all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
7 See
sections 776(a) and (b) of the Act.
Petitioner’s Letter, ‘‘Request to Align
Countervailing Duty Investigation Final
Determination with Antidumping Duty
Investigation Final Determination,’’ dated May 4,
2020.
9 As discussed in the Preliminary Decision
Memorandum, Commerce determines that Yinfeng
8 See
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Federal Register / Vol. 85, No. 114 / Friday, June 12, 2020 / Notices
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
Fujian Yinfeng Imp & Exp Trading
hearing, limited to issues raised in the
Co., Ltd 9 ...................................
13.61
case and rebuttal briefs, must submit a
Fujian Nanping Yuanqiao WoodIndustry Co., Ltd .......................
245.34 written request to the Assistant
All Others ......................................
13.61 Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
Suspension of Liquidation
of publication of this notice. Requests
In accordance with section
should contain the party’s name,
703(d)(1)(B) and (d)(2) of the Act,
address, and telephone number, the
Commerce will direct U.S. Customs and
number of participants, whether any
Border Protection (CBP) to suspend
participant is a foreign national, and a
liquidation of entries of subject
list of the issues to be discussed. If a
merchandise as described in the scope
request for a hearing is made, Commerce
of the investigation section entered, or
intends to hold the hearing at the U.S.
withdrawn from warehouse, for
Department of Commerce, 1401
consumption on or after the date of
publication of this notice in the Federal Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP determined. Parties should confirm by
telephone the date, time, and location of
to require a cash deposit equal to the
the hearing two days before the
rates indicated above.
scheduled date.
Disclosure
International Trade Commission
Commerce intends to disclose its
Notification
calculations and analysis performed to
In accordance with section 703(f) of
interested parties in this preliminary
the Act, Commerce will notify the
determination within five days of its
International Trade Commission (ITC) of
public announcement, or if there is no
its determination. If the final
public announcement, within five days
determination is affirmative, the ITC
of the date of this notice in accordance
will make its final determination before
with 19 CFR 351.224(b).
the later of 120 days after the date of this
Verification
preliminary determination or 45 days
As provided in section 782(i)(1) of the after Commerce’s final determination.
Act, Commerce intends to verify the
Notification to Interested Parties
information relied upon in making its
This determination is issued and
final determination.
published pursuant to sections 703(f)
Public Comment
and 777(i) of the Act and 19 CFR
Case briefs or other written comments 351.205(c).
may be submitted to the Assistant
Dated: June 8, 2020.
Secretary for Enforcement and
Jeffrey I. Kessler,
Compliance no later than seven days
Assistant Secretary for Enforcement and
after the date on which the last
Compliance.
verification report is issued in this
investigation. Rebuttal briefs, limited to Appendix I
issues raised in case briefs, may be
Scope of the Investigation
submitted no later than seven days after
The merchandise subject to this
the deadline date for case briefs.10
investigation consists of wood mouldings
Pursuant to 19 CFR 351.309(c)(2) and
and millwork products that are made of
(d)(2), parties who submit case briefs or
wood (regardless of wood species), bamboo,
rebuttal briefs in this investigation are
laminated veneer lumber (LVL), or of wood
encouraged to submit with each
and composite materials (where the
composite materials make up less than 50
argument: (1) A statement of the issue;
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Company
Subsidy
rate
(percent)
Fujian Province Youxi City Mangrove Wood
Machining Co., Ltd. and Fujian Province Youxi City
Mangrove Wood Machining Co., Ltd., Xicheng
Branch are cross-owned affiliates of mandatory
respondent Yinfeng.
10 See, generally, 19 CFR 351.309 and 19 CFR
351.303 (for general filing requirements). See also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020) and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID–19;
Extension of Effective Period, 85 FR 29615 (May 18,
2020).
VerDate Sep<11>2014
17:43 Jun 11, 2020
Jkt 250001
percent of the total merchandise), and which
are continuously shaped wood that
undergoes additional manufacturing or
finger-jointed or edge-glued moulding or
millwork blanks (whether or not resawn).
The percentage of composite materials
contained in a wood moulding or millwork
product is measured by length, except when
the composite material is a coating or
cladding. Wood mouldings and millwork
products that are coated or clad, even along
their entire length, with a composite
material, but that are otherwise comprised of
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Fmt 4703
Sfmt 4703
35901
wood, LVL, or wood and composite materials
(where the non-coating composite materials
make up 50 percent or less of the total
merchandise) are covered by the scope.
The merchandise subject to this
investigation consists of wood, LVL, bamboo,
or a combination of wood and composite
materials that is continuously shaped
throughout its length (with the exception of
any endwork/dados), profiled wood having a
repetitive design in relief, similar milled
wood architectural accessories, such as
rosettes and plinth blocks, and finger-jointed
or edge-glued moulding or millwork blanks
(whether or not resawn). The scope includes
continuously shaped wood in the forms of
dowels, building components such as interior
paneling and jamb parts, and door
components such as rails and stiles.
The covered products may be solid wood,
laminated, finger-jointed, edge-glued, faceglued, or otherwise joined in the production
or remanufacturing process and are covered
by the scope whether imported raw, coated
(e.g., gesso, polymer, or plastic), primed,
painted, stained, wrapped (paper or vinyl
overlay), any combination of the
aforementioned surface coatings, treated, or
which incorporate rot-resistant elements
(whether wood or composite). The covered
products are covered by the scope whether or
not any surface coating(s) or covers obscures
the grain, textures, or markings of the wood,
whether or not they are ready for use or
require final machining (e.g., endwork/dado,
hinge/strike machining, weatherstrip or
application thereof, mitre) or packaging.
All wood mouldings and millwork
products are included within the scope even
if they are trimmed; cut-to-size; notched;
punched; drilled; or have undergone other
forms of minor processing.
Subject merchandise also includes wood
mouldings and millwork products that have
been further processed in a third country,
including but not limited to trimming,
cutting, notching, punching, drilling, coating,
or any other processing that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the in-scope
product.
Excluded from the scope of this
investigation are exterior fencing, exterior
decking and exterior siding products
(including solid wood siding, non-wood
siding (e.g., composite or cement), and
shingles) that are not LVL or finger jointed;
finished and unfinished doors; flooring; parts
of stair steps (including newel posts,
balusters, easing, gooseneck, risers, treads
and rail fittings); and picture frame
components three feet and under in
individual lengths.
Excluded from the scope of this
investigation are all products covered by the
scope of the antidumping and countervailing
duty orders on Hardwood Plywood from the
People’s Republic of China. 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); Certain Hardwood
Plywood Products from the People’s Republic
of China: Countervailing Duty Order, 83 FR
513 (January 4, 2018).
E:\FR\FM\12JNN1.SGM
12JNN1
35902
Federal Register / Vol. 85, No. 114 / Friday, June 12, 2020 / Notices
Excluded from the scope of this
investigation are all products covered by the
scope of the antidumping and countervailing
duty orders on Multilayered Wood Flooring
from the People’s Republic of China. See
Multilayered Wood Flooring from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair
Value and Antidumping Duty Order, 76 FR
76690 (December 8, 2011); Multilayered
Wood Flooring from the People’s Republic of
China: Countervailing Duty Order, 76 FR
76693 (December 8, 2011).
Imports of wood mouldings and millwork
products are primarily entered under the
following Harmonized Tariff Schedule of the
United States (HTSUS) numbers:
4409.10.4010, 4409.10.4090, 4409.10.4500,
4409.10.5000, 4409.22.4000, 4409.22.5000,
4409.29.4100, and 4409.29.5100. Imports of
wood mouldings and millwork products may
also enter under HTSUS numbers:
4409.10.6000, 4409.10.6500, 4409.22.6000,
4409.22.6500, 4409.29.6100, 4409.29.6600,
4418.99.9095 and 4421.99.9780. While the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
[FR Doc. 2020–12752 Filed 6–11–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–108]
Ceramic Tile From the People’s
Republic of China: Notice of
Correction to the Final Affirmative
Determination of Sales at Less Than
Fair Value, and Final Partial Affirmative
Critical Circumstances Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is issuing a
correction to a previously published
AGENCY:
Producer
Foshan Advance Import and Export Co., Ltd ...
Foshan Xinlianfa Ceramics Co., Ltd ................
Properly placed, this entry would
have appeared at page 19427 of the
Final Determination.
We are hereby correcting the Final
Determination to include the omitted
exporter-producer dumping margin and
cash deposit rate listed above.
This notice serves as a correction and
is published in accordance with section
777(i) of the Tariff Act of 1930, as
amended.
DEPARTMENT OF COMMERCE
[FR Doc. 2020–12744 Filed 6–11–20; 8:45 am]
BILLING CODE 3510–DS–P
1 See Ceramic Tile from the People’s Republic of
China: Final Affirmative Determination of Sales at
Less Than Fair Value, and Final Partial Affirmative
VerDate Sep<11>2014
17:43 Jun 11, 2020
Jkt 250001
Federal Register notice pertaining to the
final determination in the antidumping
duty investigation on ceramic tile from
the People’s Republic of China (China).
DATES:
Applicable April 7, 2020.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner, AD/CVD Operations
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6312.
On April
7, 2020, Commerce published in the
Federal Register the notice of Ceramic
Tile from the People’s Republic of
China: Final Affirmative Determination
of Sales at Less Than Fair Value, and
Final Partial Affirmative Critical
Circumstances Determination.1 Due to a
typographical error, the listing of the
final estimated weighted-average
dumping margins omitted one exporterproducer dumping margin and cash
deposit rate:
SUPPLEMENTARY INFORMATION:
Estimated weightedaverage dumping
margin
(percent)
Exporter
Dated: June 8, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
jbell on DSKJLSW7X2PROD with NOTICES
II. Background
III. Alignment
IV. Injury Test
V. Diversification of China’s Economy
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
229.04
Cash deposit rate
(adjusted for subsidy
offsets)
(percent)
203.71
Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Notice of Initiation of
Changed Circumstances Reviews, and
Consideration of Revocation of the
Antidumping and Countervailing Duty
Orders in Part
photovoltaic products from the People’s
Republic of China (China) with respect
to certain off-grid portable small panels.
DATES: Applicable June 12, 2020.
FOR FURTHER INFORMATION CONTACT:
Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0835.
SUPPLEMENTARY INFORMATION:
AGENCY:
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from
Memory Experts Inc., dba
PowerTraveller (Memory Experts), the
Department of Commerce (Commerce) is
initiating changed circumstances
reviews to consider the possible
revocation, in part, of the antidumping
duty (AD) and countervailing duty
(CVD) orders on crystalline silicon
Background
On February 18, 2015, Commerce
published AD and CVD orders on
certain crystalline silicon photovoltaic
products from China.1 On March 16,
2020, Memory Experts, an importer of
the subject merchandise, requested,
through changed circumstances reviews,
revocation of the Solar Products Orders
with respect to certain off-grid portable
small panels pursuant to section
751(b)(1) of the Tariff Act of 1930, as
Critical Circumstances Determination, 85 FR 19425
(April 7, 2020) (Final Determination).
1 See Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic of China:
Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February
18, 2015) (Solar Products Orders).
International Trade Administration
[A–570–010, C–570–011]
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12JNN1
Agencies
[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Pages 35900-35902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12752]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-118]
Wood Mouldings and Millwork Products From the People's Republic
of China: Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of wood mouldings and millwork products (millwork products)
from the People's Republic of China (China). The period of
investigation is January 1, 2019 through December 31, 2019. Interested
parties are invited to comment on this preliminary determination.
DATES: Applicable June 12, 2020.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Faris Montgomery, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6905 or (202)
482-1537, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on February 5,
2020.\1\ On March 12, 2020, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
June 8, 2020.\2\ For a complete description of the events that followed
the initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision 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.
---------------------------------------------------------------------------
\1\ See Wood Mouldings and Millwork Products from the People's
Republic of China: Initiation of Countervailing Duty Investigation,
85 FR 6513 (February 5, 2020) (Initiation Notice).
\2\ See Wood Mouldings and Millwork Products from the People's
Republic of China: Postponement of Preliminary Determination of
Antidumping Duty Investigation, 85 FR 15433 (March 12, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Wood
Mouldings and Millwork Products from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are millwork products
from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. Commerce intends to issue its preliminary
decision regarding comments concerning the scope of the antidumping
(AD) and countervailing (CVD) investigations of millwork products from
Brazil and China with the preliminary determinations of the AD
investigations.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of 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 gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that one or more respondents
did not act to the best of their ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\7\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final CVD determination in this investigation with the
final determination in the companion AD investigation of millwork
products from China based on a request made by the petitioner.\8\
Consequently, the final CVD determination will be issued on the same
date as the final AD determination, which is currently scheduled to be
issued no later than October 19, 2020, unless postponed.
---------------------------------------------------------------------------
\8\ See Petitioner's Letter, ``Request to Align Countervailing
Duty Investigation Final Determination with Antidumping Duty
Investigation Final Determination,'' dated May 4, 2020.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act. In this investigation, as discussed in the Preliminary
Decision Memorandum, Commerce preliminarily assigned a rate based
entirely on facts available to Fujian Nanping Yuanqiao Wood-Industry
Co., Ltd. Therefore, the only preliminary rate that is not zero, de
minimis or based entirely on facts otherwise available is the rate
calculated for Fujian Yinfeng Imp & Exp Trading Co., Ltd. (Yinfeng).
Consequently, the preliminary rate calculated for Yinfeng is also
assigned as the preliminary rate for all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
---------------------------------------------------------------------------
\9\ As discussed in the Preliminary Decision Memorandum,
Commerce determines that Yinfeng Fujian Province Youxi City Mangrove
Wood Machining Co., Ltd. and Fujian Province Youxi City Mangrove
Wood Machining Co., Ltd., Xicheng Branch are cross-owned affiliates
of mandatory respondent Yinfeng.
[[Page 35901]]
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Fujian Yinfeng Imp & Exp Trading Co., Ltd \9\................ 13.61
Fujian Nanping Yuanqiao Wood-Industry Co., Ltd............... 245.34
All Others................................................... 13.61
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than seven days after the deadline
date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
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.
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\10\ See, generally, 19 CFR 351.309 and 19 CFR 351.303 (for
general filing requirements). See also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020) and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, 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. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. 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 time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will make its final
determination before the later of 120 days after the date of this
preliminary determination or 45 days after Commerce's final
determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: June 8, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation consists of wood
mouldings and millwork products that are made of wood (regardless of
wood species), bamboo, laminated veneer lumber (LVL), or of wood and
composite materials (where the composite materials make up less than
50 percent of the total merchandise), and which are continuously
shaped wood that undergoes additional manufacturing or finger-
jointed or edge-glued moulding or millwork blanks (whether or not
resawn).
The percentage of composite materials contained in a wood
moulding or millwork product is measured by length, except when the
composite material is a coating or cladding. Wood mouldings and
millwork products that are coated or clad, even along their entire
length, with a composite material, but that are otherwise comprised
of wood, LVL, or wood and composite materials (where the non-coating
composite materials make up 50 percent or less of the total
merchandise) are covered by the scope.
The merchandise subject to this investigation consists of wood,
LVL, bamboo, or a combination of wood and composite materials that
is continuously shaped throughout its length (with the exception of
any endwork/dados), profiled wood having a repetitive design in
relief, similar milled wood architectural accessories, such as
rosettes and plinth blocks, and finger-jointed or edge-glued
moulding or millwork blanks (whether or not resawn). The scope
includes continuously shaped wood in the forms of dowels, building
components such as interior paneling and jamb parts, and door
components such as rails and stiles.
The covered products may be solid wood, laminated, finger-
jointed, edge-glued, face-glued, or otherwise joined in the
production or remanufacturing process and are covered by the scope
whether imported raw, coated (e.g., gesso, polymer, or plastic),
primed, painted, stained, wrapped (paper or vinyl overlay), any
combination of the aforementioned surface coatings, treated, or
which incorporate rot-resistant elements (whether wood or
composite). The covered products are covered by the scope whether or
not any surface coating(s) or covers obscures the grain, textures,
or markings of the wood, whether or not they are ready for use or
require final machining (e.g., endwork/dado, hinge/strike machining,
weatherstrip or application thereof, mitre) or packaging.
All wood mouldings and millwork products are included within the
scope even if they are trimmed; cut-to-size; notched; punched;
drilled; or have undergone other forms of minor processing.
Subject merchandise also includes wood mouldings and millwork
products that have been further processed in a third country,
including but not limited to trimming, cutting, notching, punching,
drilling, coating, or any other processing that would not otherwise
remove the merchandise from the scope of the investigation if
performed in the country of manufacture of the in-scope product.
Excluded from the scope of this investigation are exterior
fencing, exterior decking and exterior siding products (including
solid wood siding, non-wood siding (e.g., composite or cement), and
shingles) that are not LVL or finger jointed; finished and
unfinished doors; flooring; parts of stair steps (including newel
posts, balusters, easing, gooseneck, risers, treads and rail
fittings); and picture frame components three feet and under in
individual lengths.
Excluded from the scope of this investigation are all products
covered by the scope of the antidumping and countervailing duty
orders on Hardwood Plywood from the People's Republic of China. 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); Certain
Hardwood Plywood Products from the People's Republic of China:
Countervailing Duty Order, 83 FR 513 (January 4, 2018).
[[Page 35902]]
Excluded from the scope of this investigation are all products
covered by the scope of the antidumping and countervailing duty
orders on Multilayered Wood Flooring from the People's Republic of
China. See Multilayered Wood Flooring from the People's Republic of
China: Amended Final Determination of Sales at Less Than Fair Value
and Antidumping Duty Order, 76 FR 76690 (December 8, 2011);
Multilayered Wood Flooring from the People's Republic of China:
Countervailing Duty Order, 76 FR 76693 (December 8, 2011).
Imports of wood mouldings and millwork products are primarily
entered under the following Harmonized Tariff Schedule of the United
States (HTSUS) numbers: 4409.10.4010, 4409.10.4090, 4409.10.4500,
4409.10.5000, 4409.22.4000, 4409.22.5000, 4409.29.4100, and
4409.29.5100. Imports of wood mouldings and millwork products may
also enter under HTSUS numbers: 4409.10.6000, 4409.10.6500,
4409.22.6000, 4409.22.6500, 4409.29.6100, 4409.29.6600, 4418.99.9095
and 4421.99.9780. While the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Alignment
IV. Injury Test
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2020-12752 Filed 6-11-20; 8:45 am]
BILLING CODE 3510-DS-P