Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 77162-77163 [2020-26479]
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77162
Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices
Constitution Avenue NW, Washington,
DC 20230; Telephone: (202) 482–4849.
SUPPLEMENTARY INFORMATION:
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: November 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Margin Calculations
IV. Discussion of Issues
Conares-Specific Issues
Comment 1: Application of Adverse Facts
Available (AFA) Based on Alleged Duty
Avoidance Scheme
Comment 2: Failure to Cooperate
Universal-Specific Issues
Comment 3: Universal Level of Trade
(LOT) Adjustment
Comment 4: Section 232 Duties
Comment 5: Convert Currency for
Universal Sales
Comment 6: Adjust Universal Surrogate
Production Cost
V. Recommendation
[FR Doc. 2020–26489 Filed 11–30–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–106]
Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China: Initiation
of Antidumping Duty New Shipper
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has determined that a
request for a new shipper review (NSR)
of the antidumping duty order on
wooden cabinets and vanities and
components thereof (wooden cabinets
and vanities) from the People’s Republic
of China (China) meets the statutory and
regulatory requirements for initiation.
The period of review (POR) for the NSR
is April 1, 2020 through September 30,
2020.
DATES: Effective December 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Jacob Keller, AD/CVD Operations Office
I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
khammond on DSKJM1Z7X2PROD with NOTICES4
AGENCY:
VerDate Sep<11>2014
18:11 Nov 30, 2020
Jkt 253001
Background
Commerce published the Order on
wooden cabinets and vanities on April
21, 2020.1 On October 30, 2020,
pursuant to section 751(a)(2)(B)(i) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.214(c), Commerce
received a timely NSR request from
Dalin Hualing Wood Co., Ltd.
(Hualing).2
In its submission, Hualing certified
that it is the exporter of the subject
merchandise subject to this NSR
request.3 Pursuant to section
751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(ii)(A), Hualing certified
that it did not export wooden cabinets
and vanities to the United States during
the period of investigation (POI).4
Additionally, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Hualing certified
that, since the initiation of the
investigation, it has not been affiliated
with any producer or exporter that
exported wooden cabinets and vanities
to the United States during the POI,
including those not individually
examined during the investigation.5 As
required by 19 CFR 351.214(b)(2)(iii)(B),
Hualing also certified that its export
activities are not controlled by the
central government of China.6 Further,
Hualing stated that it has not made
subsequent shipments of subject
merchandise during the POR.7
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2)(iv), Hualing submitted
documentation establishing the
following: (1) The date on which it first
shipped subject merchandise for export
to the United States; (2) the volume of
its first shipment; and (3) the date of its
first sale to an unaffiliated customer in
the United States.8
Commerce conducted a query of U.S.
Customs and Border Protection (CBP)
data and confirmed that Hualing’s
subject merchandise entered the United
1 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Antidumping Duty Order, 85 FR 22126
(April 21, 2020) (Order).
2 See Hualing’s Letter, ‘‘Request for Initiation of
a New Shipper Review of the Antidumping Duty
Order on Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China (A–570–106),’’ dated October 30, 2020 (NSR
Request).
3 Id. at Exhibit 1.
4 Id.
5 Id.
6 Id.
7 Id.
8 Id. at Exhibit 2.
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
States for consumption and that
liquidation of such entries had been
properly suspended for antidumping
duties. The CBP data that Commerce
examined are consistent with
information provided by Hualing in its
NSR request. In particular, the CBP data
confirm the price and quantity reported
by Hualing for the sale that forms the
basis of its NSR request. 9
Period of Review
In accordance with 19 CFR
351.214(g)(1)(i)(B), the POR for an NSR
initiated in the month immediately
following the semiannual anniversary
month will be the six-month period
immediately preceding the semiannual
anniversary month. Therefore, the POR
for this NSR is April 1, 2020, through
September 30, 2020.
Initiation of NSR
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(b), and based
on the information on the record, we
find that Hualing’s NSR request meets
the threshold requirements for initiation
of an NSR of its shipment(s) of wooden
cabinets and vanities to the United
States.10 However, if the information
supplied by Hualing is later found to be
incorrect or insufficient during the
course of this NSR, Commerce may
rescind the review or apply adverse
facts available, pursuant to section 776
of the Act, as appropriate. Pursuant to
19 CFR 351.221(c)(1)(i), Commerce will
publish the notice of initiation of an
NSR no later than the last day of the
month following the anniversary or
semiannual anniversary month of the
order. Commerce intends to issue the
preliminary results of this review no
later than 180 days from the date of
initiation, and the final results of this
review no later than 90 days after the
date the preliminary results are
issued.11
It is Commerce’s practice in cases
involving non-market economies to
require that a company seeking to
establish eligibility for an antidumping
duty rate separate from the countrywide rate (i.e., separate rate) provide
evidence of de jure and de facto absence
of government control over the
company’s export activities.12
9 Id.; see also Memorandum, ‘‘Wooden Cabinets
and Vanities and Components Thereof from the
People’s Republic of China: Initiation Checklist for
Antidumping Duty New Shipper Review of Dalian
Hualing Wood Co., Ltd.,’’ dated concurrently with
this notice.
10 See generally NSR Request.
11 See section 751(a)(2)(B)(iii) of the Act.
12 See Policy Bulletin 05.1, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations Involving Non-Market
E:\FR\FM\01DEN1.SGM
01DEN1
Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices
Accordingly, Commerce will issue
questionnaires to Hualing requesting,
inter alia, information regarding its
export activities for the purpose of
determining whether it is eligible for a
separate rate. The review of the exporter
will proceed if the response provides
sufficient indication that the exporter is
not subject to either de jure or de facto
government control with respect to its
exports of wooden cabinets and
vanities.
We intend to conduct this NSR in
accordance with section 751(a)(2)(B) of
the Act.13 Because Hualing certified that
it exported subject merchandise, the
sale of which is the basis for its NSR
request, Commerce will instruct CBP to
continue to suspend liquidation of all
entries of subject merchandise exported
by Hualing. To assist in its analysis of
the bona fide nature of Hualing’s sale(s),
upon initiation of this NSR, Commerce
will require Hualing to submit, on an
ongoing basis, complete transaction
information concerning any sales of
subject merchandise to the United
States that were made subsequent to the
POR.
Interested parties requiring access to
proprietary information in this NSR
should submit applications for
disclosure under administrative
protective order in accordance with 19
CFR 351.305 and 351.306. This
initiation notice is published in
accordance with section 751(a)(2)(B) of
the Act and 19 CFR 351.214 and
351.221(c)(1)(i).
Dated: November 25, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–26479 Filed 11–30–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–858]
Certain Softwood Lumber Products
From Canada: Final Results of the
Countervailing Duty Administrative
Review, 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
khammond on DSKJM1Z7X2PROD with NOTICES4
AGENCY:
Economy Countries,’’ available at https://
ia.ita.doc.gov/policy/bull05-l.pdf.
13 The Act was amended by the Trade Facilitation
and Trade Enforcement Act of 2015 which removed
from section 751(a)(2)(B) of the Act the provision
directing Commerce to instruct CBP to allow an
importer the option of posting a bond or security
in lieu of a cash deposit during the pendency of an
NSR.
VerDate Sep<11>2014
18:11 Nov 30, 2020
Jkt 253001
The Department of Commerce
(Commerce) determines that producers
and exporters of certain softwood
lumber products (softwood lumber)
from Canada received countervailable
subsidies during the period of review,
April 28, 2017 through December 31,
2018.
SUMMARY:
Applicable December 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Peter Zukowski (Canfor), Nicholas
Czajkowski (JDIL), Kristen Johnson
(Resolute), and Laura Griffith (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:
DATES:
Background
Commerce published the Preliminary
Results of this administrative review of
softwood lumber from Canada on
February 7, 2020.1 For a summary of the
events that occurred since the
Preliminary Results and a full
discussion of the issues raised by parties
for the final results, see the Issues and
Decision Memorandum.2
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days.3 On June 3, 2020, Commerce
extended the deadline for the final
results of this administrative review.4
On July 21, 2020, Commerce tolled all
1 See Certain Softwood Lumber Products from
Canada: Preliminary Results and Partial Rescission
of the Countervailing Duty Administrative Review;
2017–2018, 85 FR 7273 (February 7, 2020)
(Preliminary Results).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final 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 (Issues and Decision
Memorandum). The Issues and 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 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 Issues and Decision Memorandum can be
accessed directly on the internet at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the Issues and Decision
Memorandum are identical in content.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
4 See Memorandum, ‘‘Certain Softwood Lumber
Products from Canada: Extension of Deadline for
Final Results of the 2017–2018 Countervailing Duty
Administrative Review,’’ dated June 3, 2020.
PO 00000
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Fmt 4703
Sfmt 4703
77163
deadlines in administrative reviews by
an additional 60 days.5 The revised
deadline for the final results of this
administrative review is now November
23, 2020.
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 Issues
and Decision Memorandum.
Analysis of Subsidy Programs and
Comments Received
Commerce conducted this CVD
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). The
subsidy programs under review, and the
issues raised in case and rebuttal briefs
submitted by the interested parties, are
discussed in the Issues and Decision
Memorandum. A list of the issues that
the parties raised, and to which we
responded in the Issues and Decision
Memorandum, is attached to this notice
at Appendix I. The Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Based on our analysis of the
comments received from the interested
parties, we made changes to the subsidy
rates calculated for certain respondents.
For a discussion of these changes, see
the Issues and Decision Memorandum.
Companies Not Selected for Individual
Review
Because the rates calculated for the
companies selected for individual
reviewed are above de minimis and not
based entirely on facts available, we
applied a subsidy rate based on a
weighted average of the subsidy rates
calculated for the reviewed companies
using sales data submitted by those
companies to calculate a rate for the
companies not selected for review. This
is consistent with the methodology that
we would use in an investigation to
establish the all-others rate, pursuant to
section 705(c)(5)(A) of the Act. A list of
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
E:\FR\FM\01DEN1.SGM
01DEN1
]]>Agencies
[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77162-77163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26479]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-106]
Wooden Cabinets and Vanities and Components Thereof From the
People's Republic of China: Initiation of Antidumping Duty New Shipper
Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has determined that a
request for a new shipper review (NSR) of the antidumping duty order on
wooden cabinets and vanities and components thereof (wooden cabinets
and vanities) from the People's Republic of China (China) meets the
statutory and regulatory requirements for initiation. The period of
review (POR) for the NSR is April 1, 2020 through September 30, 2020.
DATES: Effective December 1, 2020.
FOR FURTHER INFORMATION CONTACT: Jacob Keller, AD/CVD Operations Office
I, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; Telephone: (202) 482-4849.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Order on wooden cabinets and vanities on
April 21, 2020.\1\ On October 30, 2020, pursuant to section
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.214(c), Commerce received a timely NSR request from Dalin
Hualing Wood Co., Ltd. (Hualing).\2\
---------------------------------------------------------------------------
\1\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Antidumping Duty Order, 85 FR 22126
(April 21, 2020) (Order).
\2\ See Hualing's Letter, ``Request for Initiation of a New
Shipper Review of the Antidumping Duty Order on Wooden Cabinets and
Vanities and Components Thereof from the People's Republic of China
(A-570-106),'' dated October 30, 2020 (NSR Request).
---------------------------------------------------------------------------
In its submission, Hualing certified that it is the exporter of the
subject merchandise subject to this NSR request.\3\ Pursuant to section
751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(ii)(A), Hualing
certified that it did not export wooden cabinets and vanities to the
United States during the period of investigation (POI).\4\
Additionally, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19
CFR 351.214(b)(2)(iii)(A), Hualing certified that, since the initiation
of the investigation, it has not been affiliated with any producer or
exporter that exported wooden cabinets and vanities to the United
States during the POI, including those not individually examined during
the investigation.\5\ As required by 19 CFR 351.214(b)(2)(iii)(B),
Hualing also certified that its export activities are not controlled by
the central government of China.\6\ Further, Hualing stated that it has
not made subsequent shipments of subject merchandise during the POR.\7\
---------------------------------------------------------------------------
\3\ Id. at Exhibit 1.
\4\ Id.
\5\ Id.
\6\ Id.
\7\ Id.
---------------------------------------------------------------------------
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Hualing submitted documentation establishing the
following: (1) The date on which it first shipped subject merchandise
for export to the United States; (2) the volume of its first shipment;
and (3) the date of its first sale to an unaffiliated customer in the
United States.\8\
---------------------------------------------------------------------------
\8\ Id. at Exhibit 2.
---------------------------------------------------------------------------
Commerce conducted a query of U.S. Customs and Border Protection
(CBP) data and confirmed that Hualing's subject merchandise entered the
United States for consumption and that liquidation of such entries had
been properly suspended for antidumping duties. The CBP data that
Commerce examined are consistent with information provided by Hualing
in its NSR request. In particular, the CBP data confirm the price and
quantity reported by Hualing for the sale that forms the basis of its
NSR request. \9\
---------------------------------------------------------------------------
\9\ Id.; see also Memorandum, ``Wooden Cabinets and Vanities and
Components Thereof from the People's Republic of China: Initiation
Checklist for Antidumping Duty New Shipper Review of Dalian Hualing
Wood Co., Ltd.\,\'' dated concurrently with this notice.
---------------------------------------------------------------------------
Period of Review
In accordance with 19 CFR 351.214(g)(1)(i)(B), the POR for an NSR
initiated in the month immediately following the semiannual anniversary
month will be the six-month period immediately preceding the semiannual
anniversary month. Therefore, the POR for this NSR is April 1, 2020,
through September 30, 2020.
Initiation of NSR
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b),
and based on the information on the record, we find that Hualing's NSR
request meets the threshold requirements for initiation of an NSR of
its shipment(s) of wooden cabinets and vanities to the United
States.\10\ However, if the information supplied by Hualing is later
found to be incorrect or insufficient during the course of this NSR,
Commerce may rescind the review or apply adverse facts available,
pursuant to section 776 of the Act, as appropriate. Pursuant to 19 CFR
351.221(c)(1)(i), Commerce will publish the notice of initiation of an
NSR no later than the last day of the month following the anniversary
or semiannual anniversary month of the order. Commerce intends to issue
the preliminary results of this review no later than 180 days from the
date of initiation, and the final results of this review no later than
90 days after the date the preliminary results are issued.\11\
---------------------------------------------------------------------------
\10\ See generally NSR Request.
\11\ See section 751(a)(2)(B)(iii) of the Act.
---------------------------------------------------------------------------
It is Commerce's practice in cases involving non-market economies
to require that a company seeking to establish eligibility for an
antidumping duty rate separate from the country-wide rate (i.e.,
separate rate) provide evidence of de jure and de facto absence of
government control over the company's export activities.\12\
[[Page 77163]]
Accordingly, Commerce will issue questionnaires to Hualing requesting,
inter alia, information regarding its export activities for the purpose
of determining whether it is eligible for a separate rate. The review
of the exporter will proceed if the response provides sufficient
indication that the exporter is not subject to either de jure or de
facto government control with respect to its exports of wooden cabinets
and vanities.
---------------------------------------------------------------------------
\12\ See Policy Bulletin 05.1, ``Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigations
Involving Non-Market Economy Countries,'' available at https://ia.ita.doc.gov/policy/bull05-l.pdf.
---------------------------------------------------------------------------
We intend to conduct this NSR in accordance with section
751(a)(2)(B) of the Act.\13\ Because Hualing certified that it exported
subject merchandise, the sale of which is the basis for its NSR
request, Commerce will instruct CBP to continue to suspend liquidation
of all entries of subject merchandise exported by Hualing. To assist in
its analysis of the bona fide nature of Hualing's sale(s), upon
initiation of this NSR, Commerce will require Hualing to submit, on an
ongoing basis, complete transaction information concerning any sales of
subject merchandise to the United States that were made subsequent to
the POR.
---------------------------------------------------------------------------
\13\ The Act was amended by the Trade Facilitation and Trade
Enforcement Act of 2015 which removed from section 751(a)(2)(B) of
the Act the provision directing Commerce to instruct CBP to allow an
importer the option of posting a bond or security in lieu of a cash
deposit during the pendency of an NSR.
---------------------------------------------------------------------------
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 351.306. This
initiation notice is published in accordance with section 751(a)(2)(B)
of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: November 25, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2020-26479 Filed 11-30-20; 8:45 am]
BILLING CODE 3510-DS-P
