Certain Hardwood Plywood Products From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2017-2018, 77157-77159 [2020-26495]
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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices
consider all comments received on or
before December 31, 2020.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2020–26437 Filed 11–30–20; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–133]
Certain Metal Lockers and Parts
Thereof From the People’s Republic of
China: Postponement of Preliminary
Determination in the Less-Than-FairValue Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable December 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Patrick Barton, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4243 or (202) 482–0012,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 29, 2020, the Department of
Commerce (Commerce) initiated a lessthan-fair-value (LTFV) investigation of
imports of certain metal lockers and
parts thereof (metal lockers) from the
People’s Republic of China (China).1
Currently, the preliminary
determination is due no later than
December 16, 2020.
khammond on DSKJM1Z7X2PROD with NOTICES4
Postponement of Preliminary
Determination
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in an LTFV investigation
within 140 days after the date on which
Commerce initiated the investigation.
However, section 733(c)(1)(A)(b)(1) of
the Act permits Commerce to postpone
the preliminary determination until no
later than 190 days after the date on
which Commerce initiated the
investigation if: (A) The petitioner
makes a timely request for a
postponement; or (B) Commerce
concludes that the parties concerned are
1 See Certain Metal Lockers and Parts Thereof
from the People’s Republic of China: Initiation of
Less-Than-Fair-Value Investigation, 85 FR 47343
(August 5, 2020).
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18:11 Nov 30, 2020
Jkt 253001
cooperating, that the investigation is
extraordinarily complicated, and that
additional time is necessary to make a
preliminary determination. Under 19
CFR 351.205(e), the petitioner must
submit a request for postponement 25
days or more before the scheduled date
of the preliminary determination and
must state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On November 20, 2020, the
petitioners 2 submitted a timely request
that Commerce postpone the
preliminary determination in the LTFV
investigation.3 The petitioners state that
a postponement is necessary to provide
Commerce with adequate time to collect
and analyze questionnaire responses
from Zhejiang Xingyi Metal Products
Co., Ltd. (Zhejiang Xingyi) and
Hangzhou Xline Machinery &
Equipment Co., Ltd. (Hangzhou Xline),
review data to identify deficiencies, and
to fully investigate the extent to which
Zhejiang Xingyi and Hangzhou Xline
have engaged in less-than-fair-value
sales of the subject merchandise based
on a comprehensive preliminary
record.4
For the reasons stated above and
because there are no compelling reasons
to deny the request, Commerce, in
accordance with section 733(c)(1)(A) of
the Act, is postponing the deadline for
the preliminary determination by 50
days (i.e., 190 days after the date on
which this investigation was initiated).
As a result, Commerce will issue its
preliminary determination no later than
February 4, 2020. In accordance with
section 735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination, unless
postponed at a later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: November 24, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–26488 Filed 11–30–20; 8:45 am]
BILLING CODE 3510–DS–P
2 The petitioners are List Industries, Inc.; Penco
Products, Inc.; DeBourgh Manufacturing Co.; and
Tennsco LLC (collectively, the petitioners).
3 See Petitioners’ Letter, ‘‘Certain Metal Lockers
and Parts Thereof from the People’s Republic of
China—Petitioners’ Request to Postpone
Preliminary Determination,’’ dated November 20,
2020.
4 Id. at 2.
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77157
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–051]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that certain
producers and exporters of certain
hardwood plywood products (hardwood
plywood) from the People’s Republic of
China (China) made sales of the subject
merchandise at prices below normal
value (NV) during the period of review
(POR), June 23, 2017 through December
31, 2018.
DATES: Applicable December 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2593.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on hardwood
plywood from China in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act).1 On February 7,
2020, Commerce published in the
Federal Register the Preliminary Results
of this administrative review.2 On June
29, 2020, we received case briefs from
Linyi Chengen Import and Export Co.,
Ltd. (Chengen), the sole mandatory
respondent in this review,3 and Canusa
Wood Products Ltd. a/k/a Canusa Wood
Products Limited, Richmond
International Forest Products LLC,
Taraca Pacific Inc., and Concannon
Corp. (collectively, the Importers
Coalition).4 On June 30, 2020, we
1 See Certain Hardwood Plywood Products from
the People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 83 FR 504 (January
4, 2018) (Order).
2 See Certain Hardwood Plywood Products from
the People’s Republic of China: Preliminary Results
of Antidumping Duty Administrative Review and
Rescission of Review, In Part 2017–2018, 85 FR
7270 (February 7, 2020) (Preliminary Results).
3 See Chengen’s Letter, ‘‘Hardwood Plywood
Products from the People’s Republic of China: Case
Brief,’’ dated June 29, 2020.
4 See Importers Coalition’s Letter,
‘‘Administrative Review of the Antidumping Duty
Order on Plywood Products from the People’s
E:\FR\FM\01DEN1.SGM
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01DEN1
77158
Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices
received a case brief on behalf of the
Coalition for Fair Trade in Hardwood
Plywood (the petitioner).5 On July 6,
2020, we received a rebuttal brief on
behalf of Cosco Star International Co.,
Ltd.; Shandong Jinhua International
Trading Co., Ltd.; Qingdao Top P&Q
International Corp.; Jiangsu High Hope
Arser Co., Ltd.; Pingyi Jinniu Wood Co.,
Ltd.; Linyi Dahua Wood Co., Ltd.;
Happy Wood Industrial Group Co., Ltd.;
Xuzhou Amish Import & Export Co.,
Ltd.; and Zhejiang Dehua TB Import &
Export Co., Ltd. (Separate Rate
Respondents).6 On July 10, 2020, we
received rebuttal briefs from the
Importers Coalition, Chengen, and the
petitioner.7
A complete summary of the events
that occurred since publication of the
Preliminary Results may be found in the
Issues and Decision Memorandum.8
Scope of the Order
The product covered by the Order is
hardwood plywood from China. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
khammond on DSKJM1Z7X2PROD with NOTICES4
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are listed in the appendix to this
notice and are addressed in the Issues
and Decision Memorandum. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Republic of China: Letter in Lieu of Case Brief,’’
dated June 29, 2020.
5 See Petitioner’s Letter, ‘‘Hardwood Plywood
Products from the People Republic of China:
Petitioner’s Case Brief,’’ dated June 29, 2020. On
November 13, 2020, at the request of Commerce and
with the consent of Chengen, the petitioner
submitted a revised case brief to publicly state
information that had previously been treated as
business proprietary information. See Petitioner’s
Letter, ‘‘Petitioner’s Resubmission of Case Brief,’’
dated November 23, 2020; see also Memorandum,
‘‘Request for Revised Bracketing of Case Brief,’’
dated November 12, 2020.
6 See Separate Rate Respondents’ Letter,
‘‘Hardwood Plywood Products from the People’s
Republic of China: Rebuttal Brief,’’ dated July 6,
2020.
7 See Importers Coalition’s Letter,
‘‘Administrative Review of the Antidumping Duty
Order on Plywood Products from the People’s
Republic of China: Rebuttal Brief,’’ dated July 10,
2020; see also Chengen’s Letter, ‘‘Hardwood
Plywood Products from the People’s Republic of
China: Rebuttal Briefs,’’ dated July 10, 2020, and
Petitioner’s Letter, ‘‘Hardwood Plywood Products
from People Republic of China: Petitioner’s Rebuttal
Case Brief,’’ dated July 10, 2020.
8 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review of
Certain Hardwood Plywood Products from the
People’s Republic of China; 2017–2018,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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18:11 Nov 30, 2020
Jkt 253001
margins exist for the POR from June 23,
Antidumping and Countervailing Duty
2017 through December 31, 2018:
Centralized Electronic Service System
(ACCESS). ACCESS is available to
Dumping
registered users at https://
Exporters
margin
access.trade.gov. In addition, a complete
(percent)
version of the Issues and Decision
Memorandum can be accessed directly
Linyi Chengen Import and Export
at https://enforcement.trade.gov/frn/
Co., Ltd ...................................
14.95
Review-Specific Rate Applicable
index.html. The signed Issues and
to the Following Companies:
Decision Memorandum and the
Anhui Hoda Wood Co., Ltd
14.95
electronic version of the Issues and
Cosco Star International
Decision Memorandum are identical in
Co., Ltd ............................
14.95
content.
Happy Wood Industrial
Changes Since the Preliminary Results
Based on our analysis of the
comments received, and for the reasons
explained in the Issues and Decision
Memorandum, Commerce made certain
changes to the Preliminary Results.
Specifically, we revised the calculation
of the surrogate financial ratios, the
surrogate value for formaldehyde, and
the surrogate value for labor.
Separate Rates
In the Preliminary Results, we found
that information placed on the record by
Chengen, as well as by the other
companies listed in the rate table in the
‘‘Final Results of Review’’ section
below, demonstrates that these
companies are entitled to separate rate
status. We received no arguments since
the Preliminary Results that provide a
basis for reconsidering the
determination with respect to the
separate rate status of these entities.
Therefore, for the final results, we
continue to find Chengen and the other
companies listed below, eligible for a
separate rate. In this administrative
review, Chengen is the only reviewed
respondent that received a calculated
weighted-average margin. Therefore, for
the final results, Commerce has assigned
Chengen’s weighted-average margin to
the non-selected separate-rate
companies.9
In addition, Commerce continues to
find that certain companies did not
demonstrate their eligibility for separate
rate status because they did not timely
file a separate rate application or
certification and, consequently, did not
rebut the presumption of de jure or de
facto government control of their
operations. See Appendix II of this
notice for a complete list of companies
not receiving a separate rate.
Final Results of Review
Commerce determines that the
following weighted-average dumping
9 For
further discussion regarding the rate
assigned to the non-selected companies, see
Comment 4 of the Issues and Decision
Memorandum.
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Group Co., Ltd .................
Jiangsu High Hope Arser
Co., Ltd ............................
Jiaxing Hengtong Wood
Co., Ltd ............................
Linyi Evergreen Wood Co.,
Ltd ....................................
Linyi Glary Plywood Co., Ltd
Linyi Huasheng Yongbin
Wood Co., Ltd ..................
Linyi Jiahe Wood Industry
Co., Ltd ............................
Linyi Sanfortune Wood Co.,
Ltd ....................................
Qingdao Top P&Q International Corp ...................
Shanghai Brightwood Trading Co., Ltd ......................
Shanghai Futuwood Trading
Co., Ltd ............................
Shanghai Luli Trading Co.,
Ltd ....................................
Suqian Hopeway International Trade Co., Ltd ....
Suzhou Oriental Dragon Import and Export Co., Ltd ..
Xuzhou Jiangheng Wood
Products Co., Ltd .............
Xuzhou Jiangyang Wood Industries Co., Ltd ..............
Xuzhou Timber International
Trade Co., Ltd ..................
Zhejiang Dehua TB Import
& Export Co., Ltd .............
14.95
14.95
14.95
14.95
14.95
14.95
14.95
14.95
14.95
14.95
14.95
14.95
14.95
14.95
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14.95
14.95
Assessment Rates
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b). In accordance with 19 CFR
351.212(b)(1), we have calculated
importer-specific (or customer-specific)
assessment rates for merchandise
subject to this review.10 For these final
results, we divided the total dumping
margins (calculated as the difference
between NV and export price) for
Chengen’s importers or customers by
the total sales quantity associated with
those transactions. Where an importer10 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
E:\FR\FM\01DEN1.SGM
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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES4
specific ad valorem or per-unit
assessment rate is not zero or de
minimis, Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis, or an
importer-specific ad valorem or per-unit
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
AD duties.11 We intend to instruct CBP
to take into account the ‘‘provisional
measures deposit cap,’’ in accordance
with 19 CFR 351.212(d).
Pursuant to Commerce’s practice, for
entries that were not reported in the
U.S. sales data submitted by Chengen
during this review, Commerce will
instruct CBP to liquidate such entries at
the rate for the China-wide entity.12
For the respondents that were not
selected for individual examination in
this administrative review and that
qualified for a separate rate, the
assessment rate will be equal to the
weighted-average dumping margin
determined for Chengen in these final
results of review, identified above. We
will also instruct CBP to take into
account the ‘‘provisional measures
deposit cap’’ in accordance with 19 CFR
351.212(d).
For the seven exporters found not to
qualify for separate rates that are being
treated as part of the China-wide entity,
we will instruct CBP to apply an ad
valorem assessment rate of 183.36
percent, the current rate established for
the China-wide entity, to all entries of
subject merchandise during the POR
which were exported by those
companies.
Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of this review in the Federal
Register.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Chengen and
other exporters that have been found
eligible for a separate rate in this review
will be equal to the dumping margin
established for Chengen in these final
results of review; (2) for previously
11 Id.,
77 FR at 8103.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
investigated or reviewed Chinese and
non-Chinese exporters not listed above
that have received a separate rate in a
prior segment of this proceeding, the
cash deposit rate will continue to be the
existing exporter-specific cash deposit
rate published for the completed
segment of the most recent period; (3)
for all Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will continue to be 183.36
percent, the China-wide rate determined
in the less-than-fair-value investigation;
(4) for all non-Chinese exporters of
subject merchandise that have not
received their own separate rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
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Jkt 253001
Dated: November 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Postpone the Final Results Until It Is
Able To Conduct Verification
Comment 2: Whether Commerce Should
Apply the Intermediate Input
Methodology
Comment 3: Surrogate Financial Ratios
Comment 4: Separate Rate
Comment 5: Surrogate Values (SVs)
A. SV for Logs
B. SV for Formaldehyde
C. SV for Labor
VI. Recommendation
Appendix II—List of Companies Not
Receiving Separate Rate Status
1. Jiangsu Sunwell Cabinetry Co., Ltd.
2. Linyi Bomei Furniture Co., Ltd.
3. Linyi Dahua Wood Co., Ltd.
4. Pingyi Jinniu Wood Co., Ltd.
5. SAICG International Trading Co., Ltd.
6. Shandong Jinhua International Trading
Co., Ltd.
7. Xuzhou Amish Import & Export Co., Ltd.
[FR Doc. 2020–26495 Filed 11–30–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Administrative Protective Order
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the term of an APO is
a violation subject sanction.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
12 See
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77159
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[A–520–807]
Circular Welded Carbon-Quality Steel
Pipe From the United Arab Emirates:
Final Results of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that producers
and/or exporters subject to this
administrative review made sales of
subject merchandise at less than fair
value (LTFV) during the period of
review (POR), December 1, 2017
through November 30, 2018.
DATES: Applicable December 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Whitley Herndon, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6274.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Agencies
[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77157-77159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26495]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051]
Certain Hardwood Plywood Products From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review; 2017-
2018
AGENCY: Enforcement and Compliance International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
producers and exporters of certain hardwood plywood products (hardwood
plywood) from the People's Republic of China (China) made sales of the
subject merchandise at prices below normal value (NV) during the period
of review (POR), June 23, 2017 through December 31, 2018.
DATES: Applicable December 1, 2020.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2593.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on hardwood plywood from China in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).\1\ On February
7, 2020, Commerce published in the Federal Register the Preliminary
Results of this administrative review.\2\ On June 29, 2020, we received
case briefs from Linyi Chengen Import and Export Co., Ltd. (Chengen),
the sole mandatory respondent in this review,\3\ and Canusa Wood
Products Ltd. a/k/a Canusa Wood Products Limited, Richmond
International Forest Products LLC, Taraca Pacific Inc., and Concannon
Corp. (collectively, the Importers Coalition).\4\ On June 30, 2020, we
[[Page 77158]]
received a case brief on behalf of the Coalition for Fair Trade in
Hardwood Plywood (the petitioner).\5\ On July 6, 2020, we received a
rebuttal brief on behalf of Cosco Star International Co., Ltd.;
Shandong Jinhua International Trading Co., Ltd.; Qingdao Top P&Q
International Corp.; Jiangsu High Hope Arser Co., Ltd.; Pingyi Jinniu
Wood Co., Ltd.; Linyi Dahua Wood Co., Ltd.; Happy Wood Industrial Group
Co., Ltd.; Xuzhou Amish Import & Export Co., Ltd.; and Zhejiang Dehua
TB Import & Export Co., Ltd. (Separate Rate Respondents).\6\ On July
10, 2020, we received rebuttal briefs from the Importers Coalition,
Chengen, and the petitioner.\7\
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\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018)
(Order).
\2\ See Certain Hardwood Plywood Products from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Rescission of Review, In Part 2017-2018,
85 FR 7270 (February 7, 2020) (Preliminary Results).
\3\ See Chengen's Letter, ``Hardwood Plywood Products from the
People's Republic of China: Case Brief,'' dated June 29, 2020.
\4\ See Importers Coalition's Letter, ``Administrative Review of
the Antidumping Duty Order on Plywood Products from the People's
Republic of China: Letter in Lieu of Case Brief,'' dated June 29,
2020.
\5\ See Petitioner's Letter, ``Hardwood Plywood Products from
the People Republic of China: Petitioner's Case Brief,'' dated June
29, 2020. On November 13, 2020, at the request of Commerce and with
the consent of Chengen, the petitioner submitted a revised case
brief to publicly state information that had previously been treated
as business proprietary information. See Petitioner's Letter,
``Petitioner's Resubmission of Case Brief,'' dated November 23,
2020; see also Memorandum, ``Request for Revised Bracketing of Case
Brief,'' dated November 12, 2020.
\6\ See Separate Rate Respondents' Letter, ``Hardwood Plywood
Products from the People's Republic of China: Rebuttal Brief,''
dated July 6, 2020.
\7\ See Importers Coalition's Letter, ``Administrative Review of
the Antidumping Duty Order on Plywood Products from the People's
Republic of China: Rebuttal Brief,'' dated July 10, 2020; see also
Chengen's Letter, ``Hardwood Plywood Products from the People's
Republic of China: Rebuttal Briefs,'' dated July 10, 2020, and
Petitioner's Letter, ``Hardwood Plywood Products from People
Republic of China: Petitioner's Rebuttal Case Brief,'' dated July
10, 2020.
---------------------------------------------------------------------------
A complete summary of the events that occurred since publication of
the Preliminary Results may be found in the Issues and Decision
Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Certain Hardwood Plywood Products from the People's Republic of
China; 2017-2018,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Order
The product covered by the Order is hardwood plywood from China. A
full description of the scope of the Order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are listed in the appendix to this notice and are
addressed in the 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. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, and for the reasons
explained in the Issues and Decision Memorandum, Commerce made certain
changes to the Preliminary Results. Specifically, we revised the
calculation of the surrogate financial ratios, the surrogate value for
formaldehyde, and the surrogate value for labor.
Separate Rates
In the Preliminary Results, we found that information placed on the
record by Chengen, as well as by the other companies listed in the rate
table in the ``Final Results of Review'' section below, demonstrates
that these companies are entitled to separate rate status. We received
no arguments since the Preliminary Results that provide a basis for
reconsidering the determination with respect to the separate rate
status of these entities. Therefore, for the final results, we continue
to find Chengen and the other companies listed below, eligible for a
separate rate. In this administrative review, Chengen is the only
reviewed respondent that received a calculated weighted-average margin.
Therefore, for the final results, Commerce has assigned Chengen's
weighted-average margin to the non-selected separate-rate companies.\9\
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\9\ For further discussion regarding the rate assigned to the
non-selected companies, see Comment 4 of the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
In addition, Commerce continues to find that certain companies did
not demonstrate their eligibility for separate rate status because they
did not timely file a separate rate application or certification and,
consequently, did not rebut the presumption of de jure or de facto
government control of their operations. See Appendix II of this notice
for a complete list of companies not receiving a separate rate.
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the POR from June 23, 2017 through December 31, 2018:
------------------------------------------------------------------------
Dumping
Exporters margin
(percent)
------------------------------------------------------------------------
Linyi Chengen Import and Export Co., Ltd.................... 14.95
Review-Specific Rate Applicable to the Following Companies:
Anhui Hoda Wood Co., Ltd................................ 14.95
Cosco Star International Co., Ltd....................... 14.95
Happy Wood Industrial Group Co., Ltd.................... 14.95
Jiangsu High Hope Arser Co., Ltd........................ 14.95
Jiaxing Hengtong Wood Co., Ltd.......................... 14.95
Linyi Evergreen Wood Co., Ltd........................... 14.95
Linyi Glary Plywood Co., Ltd............................ 14.95
Linyi Huasheng Yongbin Wood Co., Ltd.................... 14.95
Linyi Jiahe Wood Industry Co., Ltd...................... 14.95
Linyi Sanfortune Wood Co., Ltd.......................... 14.95
Qingdao Top P&Q International Corp...................... 14.95
Shanghai Brightwood Trading Co., Ltd.................... 14.95
Shanghai Futuwood Trading Co., Ltd...................... 14.95
Shanghai Luli Trading Co., Ltd.......................... 14.95
Suqian Hopeway International Trade Co., Ltd............. 14.95
Suzhou Oriental Dragon Import and Export Co., Ltd....... 14.95
Xuzhou Jiangheng Wood Products Co., Ltd................. 14.95
Xuzhou Jiangyang Wood Industries Co., Ltd............... 14.95
Xuzhou Timber International Trade Co., Ltd.............. 14.95
Zhejiang Dehua TB Import & Export Co., Ltd.............. 14.95
------------------------------------------------------------------------
Assessment Rates
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with section 751(a)(2)(C) of the Act
and 19 CFR 351.212(b). In accordance with 19 CFR 351.212(b)(1), we have
calculated importer-specific (or customer-specific) assessment rates
for merchandise subject to this review.\10\ For these final results, we
divided the total dumping margins (calculated as the difference between
NV and export price) for Chengen's importers or customers by the total
sales quantity associated with those transactions. Where an importer-
[[Page 77159]]
specific ad valorem or per-unit assessment rate is not zero or de
minimis, Commerce will instruct CBP to collect the appropriate duties
at the time of liquidation. Where either the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific
ad valorem or per-unit assessment rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to AD
duties.\11\ We intend to instruct CBP to take into account the
``provisional measures deposit cap,'' in accordance with 19 CFR
351.212(d).
---------------------------------------------------------------------------
\10\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\11\ Id., 77 FR at 8103.
---------------------------------------------------------------------------
Pursuant to Commerce's practice, for entries that were not reported
in the U.S. sales data submitted by Chengen during this review,
Commerce will instruct CBP to liquidate such entries at the rate for
the China-wide entity.\12\
---------------------------------------------------------------------------
\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
---------------------------------------------------------------------------
For the respondents that were not selected for individual
examination in this administrative review and that qualified for a
separate rate, the assessment rate will be equal to the weighted-
average dumping margin determined for Chengen in these final results of
review, identified above. We will also instruct CBP to take into
account the ``provisional measures deposit cap'' in accordance with 19
CFR 351.212(d).
For the seven exporters found not to qualify for separate rates
that are being treated as part of the China-wide entity, we will
instruct CBP to apply an ad valorem assessment rate of 183.36 percent,
the current rate established for the China-wide entity, to all entries
of subject merchandise during the POR which were exported by those
companies.
Commerce intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of this review in
the Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) The cash deposit rate for Chengen and other exporters that
have been found eligible for a separate rate in this review will be
equal to the dumping margin established for Chengen in these final
results of review; (2) for previously investigated or reviewed Chinese
and non-Chinese exporters not listed above that have received a
separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the existing exporter-specific cash deposit
rate published for the completed segment of the most recent period; (3)
for all Chinese exporters of subject merchandise that have not been
found to be entitled to a separate rate, the cash deposit rate will
continue to be 183.36 percent, the China-wide rate determined in the
less-than-fair-value investigation; (4) for all non-Chinese exporters
of subject merchandise that have not received their own separate rate,
the cash deposit rate will be the rate applicable to the Chinese
exporter that supplied that non-Chinese exporter. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
term of an APO is a violation subject sanction.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.221(b)(5).
Dated: November 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Postpone the Final Results
Until It Is Able To Conduct Verification
Comment 2: Whether Commerce Should Apply the Intermediate Input
Methodology
Comment 3: Surrogate Financial Ratios
Comment 4: Separate Rate
Comment 5: Surrogate Values (SVs)
A. SV for Logs
B. SV for Formaldehyde
C. SV for Labor
VI. Recommendation
Appendix II--List of Companies Not Receiving Separate Rate Status
1. Jiangsu Sunwell Cabinetry Co., Ltd.
2. Linyi Bomei Furniture Co., Ltd.
3. Linyi Dahua Wood Co., Ltd.
4. Pingyi Jinniu Wood Co., Ltd.
5. SAICG International Trading Co., Ltd.
6. Shandong Jinhua International Trading Co., Ltd.
7. Xuzhou Amish Import & Export Co., Ltd.
[FR Doc. 2020-26495 Filed 11-30-20; 8:45 am]
BILLING CODE 3510-DS-P