Wood Mouldings and Millwork Products From Brazil: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 48667-48669 [2020-17638]
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Federal Register / Vol. 85, No. 156 / Wednesday, August 12, 2020 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–853]
Wood Mouldings and Millwork
Products From Brazil: Preliminary
Negative Determination of Sales at
Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that wood mouldings and millwork
products (millwork products) from
Brazil are not being, or are not likely to
be, sold in the United States at less than
fair value (LTFV). The period of
investigation (POI) is January 1, 2019
through December 31, 2019. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable August 12, 2020.
FOR FURTHER INFORMATION CONTACT:
George Ayache or Suzanne Lam, 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) 482–2623 or
(202) 482–0783, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(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 May 26, 2020,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now August 5,
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
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
khammond on DSKJM1Z7X2PROD with NOTICES
1 See
Wood Mouldings and Millwork Products
from Brazil and the People’s Republic of China:
Initiation of Less-Than-Fair-Value Investigations, 85
FR 6502 (February 5, 2020) (Initiation Notice).
2 See Wood Mouldings and Millwork Products
from Brazil and the People’s Republic of China:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 85 FR 31459
(May 26, 2020).
3 See Memorandum, ‘‘Wood Mouldings and
Millwork Products from Brazil: Decision
Memorandum for the Preliminary Negative
Determination in the Less-Than-Fair-Value
Investigation,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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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 the 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 Brazil. 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, as well as additional
language proposed by Commerce. For a
summary of the product coverage
comments and rebuttal responses
submitted to the record for this
investigation, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6
Commerce is preliminarily modifying
the scope language as it appeared in the
Initiation Notice. See the revised scope
in Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying Commerce’s preliminary
determination, see the Preliminary
Decision Memorandum.
Preliminary Determination
For this preliminary determination,
Commerce calculated a zero estimated
weighted-average dumping margin for
4 See
Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Wood Mouldings and
Millwork Products from Brazil and the People’s
Republic of China: Preliminary Scope Decision
Memorandum,’’ dated concurrently with this
preliminary determination (Preliminary Scope
Decision Memorandum).
PO 00000
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48667
the individually examined producer
and/or exporter of the subject
merchandise. Consistent with section
733(b)(3) of the Act, Commerce
disregards de minimis rates and
preliminarily determines that the
individually examined respondent with
a de minimis rate has not made sales of
subject merchandise at LTFV during the
POI.
Exporter/producer
Araupel S.A./Braslumber
Industria de Molduras Ltda./
BrasPine Madeiras Ltda.7 .......
Estimated
weightedaverage
dumping
margin
(percent)
0.00
Consistent with section 733(d) of the
Act, Commerce has not calculated an
estimated weighted-average dumping
margin for all other producers and
exporters, because it has not made an
affirmative preliminary determination of
sales at LTFV.
Suspension of Liquidation
Because Commerce has made a
negative preliminary determination of
sales at LTFV with regard to subject
merchandise, Commerce will not direct
U.S. Customs and Border Protection to
suspend liquidation or to require a cash
deposit of estimated antidumping duties
for any such entries.
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement or, if
there is no public announcement,
within five days of the date of
publication 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
All interested parties will have the
opportunity to submit case and rebuttal
briefs on the preliminary scope
determination. The deadline to submit
7 Commerce preliminarily determines that
Araupel S.A., Braslumber Industria de Molduras
Ltda., and Braspine Madeiras Ltda. are a single
entity. See Preliminary Decision Memorandum; see
also Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Wood Mouldings and Millwork
Products from Brazil: Preliminary Affiliation and
Collapsing Determination for Araupel S.A.,
Braslumber Industria de Molduras Ltda., and
Braspine Madeiras Ltda.,’’ dated August 5, 2020.
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48668
Federal Register / Vol. 85, No. 156 / Wednesday, August 12, 2020 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
these comments will be no later than 30
days after the publication of this
preliminary determination. Scope
rebuttal briefs (which are limited to
issues raised in the scope briefs) may be
submitted no later than seven days after
the deadline for the scope briefs. For all
scope briefs and rebuttals thereto,
parties must file identical documents
simultaneously on the records of all the
ongoing AD and CVD millwork products
investigations. No new factual
information or business proprietary
information may be included in either
scope briefs or rebuttal scope briefs.
Case briefs or other written comments
regarding non-scope matters 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.8 Note that Commerce has
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.9 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.
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 a time and
date to be determined. Parties should
confirm the date and time of the hearing
two days before the scheduled date.
Postponement of Final Determination
Section 735(a)(2)(B) of the Act
provides that a final determination may
be postponed until not later than 135
days after the date of the publication of
the preliminary determination if, in the
event of a negative preliminary
8 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
9 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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determination, a request for such
postponement is made by the petitioner.
On July 9, 2020, the petitioner requested
that Commerce postpone the final
determination.10 In accordance with
section 735(a)(2)(B) of the Act, because
the preliminary determination is
negative, and the petitioner has
requested the postponement of the final
determination, Commerce is postponing
the final determination. Accordingly,
Commerce will make its final
determination by no later than 135 days
after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine 75 days after the
final determination whether these
imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: August 5, 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 or fingerjointed or edge-glued moulding or millwork
blanks (whether or not resawn). The
merchandise subject to this investigation can
be continuously shaped along any of its
edges, ends, or faces.
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
10 See Petitioner’s Letter, ‘‘Wood Mouldings and
Millwork Products from Brazil: Petitioner’s Request
for Postponement of the Final Determination,’’
dated July 9, 2020.
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Sfmt 4703
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, stiles, interior and
exterior door frames or jambs (including
split, flat, stop applied, single- or doublerabbeted), frame or jamb kits, and packaged
door frame trim or casing sets, whether or not
the door components are imported as part of
a door kit or set.
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 countertop/butcherblocks,
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, rail fittings and stair
stringers); picture frame components three
feet and under in individual lengths; and
lumber whether solid, finger-jointed, or edgeglued. To be excluded from the scope, fingerjointed or edge-glued lumber must have a
nominal thickness greater than 1.5 inches
and a certification stamp from an American
Lumber Standard Committee-certified
grading bureau. The exclusion for lumber
whether solid, finger-jointed, or edge-glued
E:\FR\FM\12AUN1.SGM
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Federal Register / Vol. 85, No. 156 / Wednesday, August 12, 2020 / Notices
does not apply to screen/‘‘surfaced on 4
sides’’ (S4S) and/or ‘‘surface 1 side, 2 edges’’
(SlS2E) stock (also called boards) that are
finger-jointed, edge-glued mouldings, or
millwork blanks (whether or not resawn).
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,
4418.20.4000, 4418.20.8030, 4418.20.8060,
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. Period of Investigation
IV. Affiliation/Single Entity
V. Discussion of the Methodology
VI. Currency Conversion
VII. Conclusion
[FR Doc. 2020–17638 Filed 8–11–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–117]
Wood Mouldings and Millwork
Products From the People’s Republic
of China: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that wood mouldings and millwork
products (millwork products) from the
People’s Republic of China (China) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is July 1, 2019 through December
31, 2019. Interested parties are invited
to comment on this preliminary
determination.
DATES: Applicable August 12, 2020.
FOR FURTHER INFORMATION CONTACT:
Michael Bowen or Brian Smith, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
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AGENCY:
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16:37 Aug 11, 2020
Jkt 250001
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0768 or
(202) 482–1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(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 May 26, 2020,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now August 5,
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
included 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 the 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
1 See Wood Mouldings and Millwork Products
from Brazil and the People’s Republic of China:
Initiation of Less-Than-Fair-Value Investigations, 85
FR 6502 (February 5, 2020) (Initiation Notice).
2 See Wood Mouldings and Millwork Products
from Brazil and the People’s Republic of China:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 85 FR 31459
(May 26, 2020).
3 See Memorandum, ‘‘Wood Mouldings and
Millwork Products from the People’s Republic of
China: Decision Memorandum for Preliminary
Affirmative Determination of Sales at Less-ThanFair-Value,’’ 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.
PO 00000
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48669
investigation as it appeared in the
Initiation Notice, as well as additional
language proposed by Commerce. For a
summary of the product coverage
comments and rebuttal responses
submitted to the record for this
investigation, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6
Commerce is preliminarily modifying
the scope language as it appeared in the
Initiation Notice. See the revised scope
in Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act and
constructed export prices in accordance
with section 772(b) of the Act. Because
China is a non-market economy, within
the meaning of section 771(18) of the
Act, Commerce has calculated normal
value in accordance with section 773(c)
of the Act. Furthermore, pursuant to
section 776(a) and (b) of the Act,
Commerce preliminarily has relied
upon facts otherwise available, with
adverse inferences, for the China-wide
Entity. For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,7 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.8
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
6 See Memorandum, ‘‘Wood Mouldings and
Millwork Products from Brazil and the People’s
Republic of China: Preliminary Scope Decision
Memorandum,’’ dated concurrently with this
preliminary determination (Preliminary Scope
Decision Memorandum).
7 See Initiation Notice at 85 FR 6507.
8 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
9 Commerce preliminarily determines that
Yinfeng/Mangrove are a single entity. See
Preliminary Decision Memorandum.
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]]>Agencies
[Federal Register Volume 85, Number 156 (Wednesday, August 12, 2020)]
[Notices]
[Pages 48667-48669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17638]
[[Page 48667]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-853]
Wood Mouldings and Millwork Products From Brazil: Preliminary
Negative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that wood mouldings and millwork products (millwork products) from
Brazil are not being, or are not likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation
(POI) is January 1, 2019 through December 31, 2019. Interested parties
are invited to comment on this preliminary determination.
DATES: Applicable August 12, 2020.
FOR FURTHER INFORMATION CONTACT: George Ayache or Suzanne Lam, 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) 482-2623 or (202)
482-0783, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(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 May 26, 2020, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
August 5, 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 included 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 the electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Wood Mouldings and Millwork Products from Brazil and the
People's Republic of China: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 6502 (February 5, 2020) (Initiation Notice).
\2\ See Wood Mouldings and Millwork Products from Brazil and the
People's Republic of China: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 85 FR
31459 (May 26, 2020).
\3\ See Memorandum, ``Wood Mouldings and Millwork Products from
Brazil: Decision Memorandum for the Preliminary Negative
Determination in the Less-Than-Fair-Value Investigation,'' 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 Brazil. 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, as well as additional language proposed by
Commerce. For a summary of the product coverage comments and rebuttal
responses submitted to the record for this investigation, and
accompanying discussion and analysis of all comments timely received,
see the Preliminary Scope Decision Memorandum.\6\ Commerce is
preliminarily modifying the scope language as it appeared in the
Initiation Notice. See the revised scope in Appendix I to this notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Wood Mouldings and Millwork Products from
Brazil and the People's Republic of China: Preliminary Scope
Decision Memorandum,'' dated concurrently with this preliminary
determination (Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying Commerce's preliminary determination, see
the Preliminary Decision Memorandum.
Preliminary Determination
For this preliminary determination, Commerce calculated a zero
estimated weighted-average dumping margin for the individually examined
producer and/or exporter of the subject merchandise. Consistent with
section 733(b)(3) of the Act, Commerce disregards de minimis rates and
preliminarily determines that the individually examined respondent with
a de minimis rate has not made sales of subject merchandise at LTFV
during the POI.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Araupel S.A./Braslumber Industria de Molduras Ltda./BrasPine 0.00
Madeiras Ltda.\7\..........................................
------------------------------------------------------------------------
Consistent with section 733(d) of the Act, Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters, because it has not made an affirmative
preliminary determination of sales at LTFV.
---------------------------------------------------------------------------
\7\ Commerce preliminarily determines that Araupel S.A.,
Braslumber Industria de Molduras Ltda., and Braspine Madeiras Ltda.
are a single entity. See Preliminary Decision Memorandum; see also
Memorandum, ``Less-Than-Fair-Value Investigation of Wood Mouldings
and Millwork Products from Brazil: Preliminary Affiliation and
Collapsing Determination for Araupel S.A., Braslumber Industria de
Molduras Ltda., and Braspine Madeiras Ltda.,'' dated August 5, 2020.
---------------------------------------------------------------------------
Suspension of Liquidation
Because Commerce has made a negative preliminary determination of
sales at LTFV with regard to subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for any such
entries.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication 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
All interested parties will have the opportunity to submit case and
rebuttal briefs on the preliminary scope determination. The deadline to
submit
[[Page 48668]]
these comments will be no later than 30 days after the publication of
this preliminary determination. Scope rebuttal briefs (which are
limited to issues raised in the scope briefs) may be submitted no later
than seven days after the deadline for the scope briefs. For all scope
briefs and rebuttals thereto, parties must file identical documents
simultaneously on the records of all the ongoing AD and CVD millwork
products investigations. No new factual information or business
proprietary information may be included in either scope briefs or
rebuttal scope briefs.
Case briefs or other written comments regarding non-scope matters
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.\8\ Note that
Commerce has modified certain of its requirements for serving documents
containing business proprietary information until further notice.\9\
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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\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
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 a time and date to be
determined. Parties should confirm the date and time of the hearing two
days before the scheduled date.
Postponement of Final Determination
Section 735(a)(2)(B) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of a
negative preliminary determination, a request for such postponement is
made by the petitioner. On July 9, 2020, the petitioner requested that
Commerce postpone the final determination.\10\ In accordance with
section 735(a)(2)(B) of the Act, because the preliminary determination
is negative, and the petitioner has requested the postponement of the
final determination, Commerce is postponing the final determination.
Accordingly, Commerce will make its final determination by no later
than 135 days after the date of publication of this preliminary
determination, pursuant to section 735(a)(2) of the Act.
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\10\ See Petitioner's Letter, ``Wood Mouldings and Millwork
Products from Brazil: Petitioner's Request for Postponement of the
Final Determination,'' dated July 9, 2020.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine 75 days after the final determination whether these imports
are materially injuring, or threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: August 5, 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 or finger-jointed or edge-glued moulding or millwork
blanks (whether or not resawn). The merchandise subject to this
investigation can be continuously shaped along any of its edges,
ends, or faces.
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, stiles, interior and exterior door frames
or jambs (including split, flat, stop applied, single- or double-
rabbeted), frame or jamb kits, and packaged door frame trim or
casing sets, whether or not the door components are imported as part
of a door kit or set.
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 countertop/
butcherblocks, 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, rail fittings and stair stringers); picture frame components
three feet and under in individual lengths; and lumber whether
solid, finger-jointed, or edge-glued. To be excluded from the scope,
finger-jointed or edge-glued lumber must have a nominal thickness
greater than 1.5 inches and a certification stamp from an American
Lumber Standard Committee-certified grading bureau. The exclusion
for lumber whether solid, finger-jointed, or edge-glued
[[Page 48669]]
does not apply to screen/``surfaced on 4 sides'' (S4S) and/or
``surface 1 side, 2 edges'' (SlS2E) stock (also called boards) that
are finger-jointed, edge-glued mouldings, or millwork blanks
(whether or not resawn).
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,
4418.20.4000, 4418.20.8030, 4418.20.8060, 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. Period of Investigation
IV. Affiliation/Single Entity
V. Discussion of the Methodology
VI. Currency Conversion
VII. Conclusion
[FR Doc. 2020-17638 Filed 8-11-20; 8:45 am]
BILLING CODE 3510-DS-P
