Wood Mouldings and Millwork Products From Brazil: Final Negative Determination of Sales at Less Than Fair Value, 70-72 [2020-29103]
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70
Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices
Comment 6: Whether Commerce Should
Countervail Imported Sawn Wood
Purchased From Domestic Trading
Companies
Comment 7: Whether the Provision of
Primer, Including Gesso, for LTAR
Program Was Unlawfully Expanded
Comment 8: Whether Zeroing of Negative
LTAR Benefits Must Be Eliminated
Comment 9: Whether To Include Land
Purchased From an Individual in the
Benefits Calculation
Comment 10: Provision of Land-Use Rights
for LTAR Benchmarks
Comment 11: Adjustment to Ocean Freight
Data
Comment 12: Calculation of Mangrove’s
Creditworthiness
Comment 13: Benchmark Data
VII. Recommendation
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:
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).5
Background
Analysis of Comments Received
On August 12, 2020, Commerce
published the Preliminary
Determination in the LTFV investigation
of millwork products from Brazil.1 For
a complete description of the events that
followed the Preliminary Determination,
see the Issues and Decision
Memorandum.2
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. For a list of the issues
raised by interested parties and
addressed in the Issues and Decision
Memorandum, see Appendix II to this
notice. The Issues and Decision
Memorandum is a public document and
is made available to the public via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at 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/
index.html. The signed and electronic
versions of the Issues and Decision
Memorandum are identical in content.
Scope of the Investigation
[FR Doc. 2020–29105 Filed 12–31–20; 8:45 am]
The products covered by this
investigation are millwork products
from Brazil. For a complete description
of the scope of this investigation, see
Appendix I.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Scope Comments
[A–351–853]
Wood Mouldings and Millwork
Products From Brazil: Final Negative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
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.
DATES: Applicable January 4, 2021.
FOR FURTHER INFORMATION CONTACT:
George Ayache or Suzanne Lam, AD/
CVD Operations, Office VIII,
AGENCY:
On August 5, 2020, we issued a
Preliminary Scope Memorandum.3
Several interested parties submitted
case and rebuttal briefs concerning the
scope of this investigation. For a
summary of the product coverage
comments and rebuttal comments
submitted to the record for this final
determination, and accompanying
discussion and analysis of all comments
timely received, see the Final Scope
Memorandum.4 Based on the comments
received from interested parties, we are
revising the scope of this investigation
as it appeared in the Preliminary
Determination. The scope in Appendix
I reflects these changes.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from interested
parties, we made certain changes to the
margin calculations for Araupel S.A./
Braslumber Industria de Molduras
Ltda./BrasPine Madeiras Ltda. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Final Determination
The final estimated weighted-average
dumping margin is as follows:
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
Araupel S.A./Braslumber Industria de Molduras Ltda./BrasPine Madeiras Ltda.6 .............................................................................
0.00
1 See Wood Mouldings and Millwork Products
from Brazil: Preliminary Negative Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination, 85 FR 48667 (August 12,
2020) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Negative Determination
in the Less-Than-Fair-Value Investigation of Wood
Mouldings and Millwork Products from Brazil,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
3 See Memorandum, ‘‘Wood Mouldings and
Millwork Products from Brazil and the People’s
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17:28 Dec 31, 2020
Jkt 253001
Republic of China: Preliminary Scope Decision
Memorandum,’’ dated August 5, 2020 (Preliminary
Scope Memorandum).
4 See Memorandum, ‘‘Wood Mouldings and
Millwork Products from Brazil and the People’s
Republic of China: Scope Comments Decision
Memorandum for the Final Determinations,’’ dated
concurrently with, and hereby adopted by, this
notice (Final Scope Memorandum).
5 See Commerce’s Letters with attached
questionnaire in lieu of verification, dated October
14, 2020; see also Araupel S.A.’s Letter, ‘‘Wood
Mouldings and Millwork Products from Brazil:
Verification Questionnaire Response,’’ dated
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Sfmt 4703
October 22, 2020; and Braslumber Industria de
Molduras Ltda. and Braspine Madeiras Ltda.’s
Letter, ‘‘Antidumping Duties on Imports of Wood
Mouldings and Millwork Products from Brazil:
BrasPine/Braslumber’s Response to the
Department’s Questionnaire in Lieu of
Verification,’’ dated October 22, 2020.
6 Commerce determines that Araupel S.A.,
Braslumber Industria de Molduras Ltda., and
Braspine Madeiras Ltda. are a single entity. See
Issues and Decision Memorandum.
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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices
Because the weighted-average
dumping margin is zero, we determine
that millwork products from Brazil are
not being, or are not likely to be, sold
in the United States at LTFV. Commerce
has not calculated an estimated
weighted-average dumping margin for
all other producers and exporters
pursuant to sections 735(c)(1)(B) and
(c)(5) of the Act because it has not made
a final affirmative determination of sales
at LTFV.
Disclosure
We intend to disclose to parties in
this proceeding the calculations
performed for this final determination
within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
Suspension of Liquidation
In the Preliminary Determination, the
weighted-average dumping margin for
Araupel S.A./Braslumber Industria de
Molduras Ltda./BrasPine Madeiras Ltda.
was zero and, therefore, we did not
suspend liquidation of entries of
millwork products from Brazil.7
Because Commerce has made a final
negative determination of sales at LTFV
with regard to the 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
entries of millwork products from
Brazil.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission of our final
determination. As our final
determination is negative, this
proceeding is terminated in accordance
with section 735(c)(2) of the Act.
Notification Regarding Administrative
Protective Orders
This notice will serve as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
7 See
Preliminary Determination, 85 FR at 48667.
VerDate Sep<11>2014
17:28 Dec 31, 2020
Jkt 253001
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act, and 19
CFR 351.210(c).
Dated: December 28, 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
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 obscure
the grain, textures, or markings of the wood,
whether or not they are ready for use or
require final machining (e.g., endwork/dado,
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Fmt 4703
Sfmt 4703
71
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 this investigation if performed in the
country of manufacture of the in-scope
product.
Excluded from the scope of this
investigation are countertop/butcherblocks
imported as a full countertop/butcherblock
panel, 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 of 1.5 inches or greater
and a certification stamp from an American
Lumber Standard Committee-certified
grading agency. The exclusion for lumber
whether solid, finger-jointed, or edge-glued
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 and/or edge-glued, or to fingerjointed and/or edge-glued moulding or
millwork blanks (whether or not resawn).
Accordingly, S4S and S1S2E stock/boards
that are not finger-jointed or edge-glued are
excluded from the scope of this investigation.
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 the
investigation is dispositive.
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes From the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Whether Commerce Should
Treat All Three Mandatory Respondents
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72
Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices
as Affiliates and Collapse Them Into a
Single Entity
Comment 2: Whether Commerce Should
Revise Its CV Profit Calculation
Comment 3: Whether Araupel’s Log
Valuations Are Inaccurate and Do Not
Reflect an Accurate Market Price
Comment 4: Whether Commerce Should
Recalculate the Fair Value Adjustment
for Araupel’s Costs for Biological Assets
Consumed during the POI
Comment 5: Whether Commerce
Incorrectly Decreased Araupel’s Costs for
Biological Assets Not Consumed during
the POI
Comment 6: Whether Commerce Should
Apply the Major Input Rule to Araupel’s
Log Purchases
Comment 7: Whether Unreconciled Costs
Should Be Allocated to Production Costs
Comment 8: Whether Araupel’s Non-Prime
Merchandise Should Be Assigned Full
Production Costs
Comment 9: Whether Commerce Should
Use the Federal Reserve’s Small Business
Lending Survey Short-Term Interest Rate
To Calculate Araupel’s Credit Expenses
Comment 10: Whether Commerce Should
Use the Earlier of the Shipment Date or
Commercial Invoice as Braslumber/
BrasPine’s Date of Sale
Comment 11: Whether the Date of Sale
Should Be Consistent Between the
Mandatory Respondents
Comment 12: Whether Commerce Should
Include Araupel’s Reported Other
Revenue
V. Recommendation
[FR Doc. 2020–29103 Filed 12–31–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–937, C–570–938]
Citric Acid and Certain Citrate Salts
From the People’s Republic of China:
Continuation of Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the antidumping (AD)
and countervailing duty (CVD) orders
on citric acid and certain citrate salts
from the People’s Republic of China
(China) would likely lead to a
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, Commerce is publishing a notice
of continuation of the AD and CVD
orders.
AGENCY:
DATES:
Applicable January 4, 2021.
VerDate Sep<11>2014
17:28 Dec 31, 2020
Jkt 253001
Ian
Hamilton, AD/CVD Operations, Office
II, or Zachary Shaykin, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4798 and (202) 482–2638,
respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On May 29, 2009, Commerce
published in the Federal Register a
notice of the AD and CVD orders on
citric acid and certain citrate salts from
China.1 On May 1, 2020, Commerce
initiated,2 and the ITC instituted,3 the
second sunset review of the Orders,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).
As a result of its reviews, Commerce
determined, pursuant to sections
751(c)(1) and 752(c) of the Act, that
revocation of the Orders would likely
lead to continuation or recurrence of
dumping and countervailable subsidies.
Commerce therefore notified the ITC of
the magnitude of the margins of
dumping and subsidy rates likely to
prevail should these Orders be
revoked.4 On December 21, 2020, the
ITC published its determination that
revocation of the Orders would likely
lead to a continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time, pursuant to sections
751(c) and 752(a) of the Act.5
1 See Citric Acid and Certain Citrate Salts from
Canada and the People’s Republic of China:
Antidumping Duty Orders, 74 FR 25703 (May 29,
2009); see also Citric Acid and Certain Citrate Salts
from the People’s Republic of China: Notice of
Countervailing Duty Order, 74 FR 25705 (May 29,
2009) (collectively, Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 85
FR 25386 (May 1, 2020).
3 See Citric Acid and Certain Citrate Salts from
Canada and China; Institution of Five-Year
Reviews, 85 FR 25475 (May 1, 2020).
4 See Citric Acid and Certain Citrate Salts from
the People’s Republic of China: Final Results of
Second Expedited Sunset Review of Antidumping
Duty Order, 85 FR 50009 (August 17, 2020), and
accompanying Issues and Decision Memorandum;
see also Citric Acid and Certain Citrate Salts from
the People’s Republic of China: Final Results of the
Expedited Second Five-Year Sunset Review of the
Countervailing Duty Order, 85 FR 54536 (September
2, 2020), and accompanying Issues and Decision
Memorandum.
5 See Citric Acid and Certain Citrate Salts from
China (Inv. Nos. 701–TA–456 and 731–TA–1152
(Second Review)), 85 FR 84371 (December 28,
2020); see also Citric Acid and Certain Citrate Salts
from China (Inv. Nos. 701–TA–456 and 731–TA–
1152 (Second Review)), USITC Pub. 5147
(December 2020).
PO 00000
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Sfmt 4703
Scope of the Orders
The scope of the orders includes all
grades and granulation sizes of citric
acid, sodium citrate, and potassium
citrate in their unblended forms,
whether dry or in solution, and
regardless of packaging type. The scope
also includes blends of citric acid,
sodium citrate, and potassium citrate; as
well as blends with other ingredients,
such as sugar, where the unblended
form(s) of citric acid, sodium citrate,
and potassium citrate constitute 40
percent or more, by weight, of the blend.
The scope of the order also includes all
forms of crude calcium citrate,
including dicalcium citrate
monohydrate, and tricalcium citrate
tetrahydrate, which are intermediate
products in the production of citric
acid, sodium citrate, and potassium
citrate. The scope of the order does not
include calcium citrate that satisfies the
standards set forth in the United States
Pharmacopeia and has been mixed with
a functional excipient, such as dextrose
or starch, where the excipient
constitutes at least 2 percent, by weight,
of the product. The scope of the order
includes the hydrous and anhydrous
forms of citric acid, the dihydrate and
anhydrous forms of sodium citrate,
otherwise known as citric acid sodium
salt, and the monohydrate and
monopotassium forms of potassium
citrate. Sodium citrate also includes
both trisodium citrate and monosodium
citrate, which are also known as citric
acid trisodium salt and citric acid
monosodium salt, respectively. Citric
acid and sodium citrate are classifiable
under 2918.14.0000 and 2918.15.1000 of
the Harmonized Tariff Schedule of the
United States (HTSUS), respectively.
Potassium citrate and crude calcium
citrate are classifiable under
2918.15.5000 and 3824.90.9290 of the
HTSUS, respectively. Blends that
include citric acid, sodium citrate, and
potassium citrate are classifiable under
3824.90.9290 of the HTSUS. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
our written description of the scope is
dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or recurrence of dumping,
countervailable subsidies and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a),
Commerce hereby orders the
continuation of the Orders. U.S.
Customs and Border Protection will
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Agencies
[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 70-72]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29103]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-853]
Wood Mouldings and Millwork Products From Brazil: Final Negative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of 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.
DATES: Applicable January 4, 2021.
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
On August 12, 2020, Commerce published the Preliminary
Determination in the LTFV investigation of millwork products from
Brazil.\1\ For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Wood Mouldings and Millwork Products from Brazil:
Preliminary Negative Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 85 FR 48667 (August 12,
2020) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Negative Determination in the Less-Than-Fair-Value
Investigation of Wood Mouldings and Millwork Products from Brazil,''
dated concurrently with, and hereby adopted by, this notice (Issues
and 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
On August 5, 2020, we issued a Preliminary Scope Memorandum.\3\
Several interested parties submitted case and rebuttal briefs
concerning the scope of this investigation. For a summary of the
product coverage comments and rebuttal comments submitted to the record
for this final determination, and accompanying discussion and analysis
of all comments timely received, see the Final Scope Memorandum.\4\
Based on the comments received from interested parties, we are revising
the scope of this investigation as it appeared in the Preliminary
Determination. The scope in Appendix I reflects these changes.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Wood Mouldings and Millwork Products from
Brazil and the People's Republic of China: Preliminary Scope
Decision Memorandum,'' dated August 5, 2020 (Preliminary Scope
Memorandum).
\4\ See Memorandum, ``Wood Mouldings and Millwork Products from
Brazil and the People's Republic of China: Scope Comments Decision
Memorandum for the Final Determinations,'' dated concurrently with,
and hereby adopted by, this notice (Final Scope Memorandum).
---------------------------------------------------------------------------
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\5\
---------------------------------------------------------------------------
\5\ See Commerce's Letters with attached questionnaire in lieu
of verification, dated October 14, 2020; see also Araupel S.A.'s
Letter, ``Wood Mouldings and Millwork Products from Brazil:
Verification Questionnaire Response,'' dated October 22, 2020; and
Braslumber Industria de Molduras Ltda. and Braspine Madeiras Ltda.'s
Letter, ``Antidumping Duties on Imports of Wood Mouldings and
Millwork Products from Brazil: BrasPine/Braslumber's Response to the
Department's Questionnaire in Lieu of Verification,'' dated October
22, 2020.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. For a list of the issues raised by interested
parties and addressed in the Issues and Decision Memorandum, see
Appendix II to this notice. The Issues and Decision Memorandum is a
public document and is made available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
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.
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
interested parties, we made certain changes to the margin calculations
for Araupel S.A./Braslumber Industria de Molduras Ltda./BrasPine
Madeiras Ltda. For a discussion of these changes, see the Issues and
Decision Memorandum.
Final Determination
The final estimated weighted-average dumping margin is as follows:
---------------------------------------------------------------------------
\6\ Commerce determines that Araupel S.A., Braslumber Industria
de Molduras Ltda., and Braspine Madeiras Ltda. are a single entity.
See Issues and Decision Memorandum.
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average dumping
margin
(percent)
------------------------------------------------------------------------
Araupel S.A./Braslumber Industria de Molduras Ltda./ 0.00
BrasPine Madeiras Ltda.\6\............................
------------------------------------------------------------------------
[[Page 71]]
Because the weighted-average dumping margin is zero, we determine
that millwork products from Brazil are not being, or are not likely to
be, sold in the United States at LTFV. Commerce has not calculated an
estimated weighted-average dumping margin for all other producers and
exporters pursuant to sections 735(c)(1)(B) and (c)(5) of the Act
because it has not made a final affirmative determination of sales at
LTFV.
Disclosure
We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
the date of publication of this notice, in accordance with 19 CFR
351.224(b).
Suspension of Liquidation
In the Preliminary Determination, the weighted-average dumping
margin for Araupel S.A./Braslumber Industria de Molduras Ltda./BrasPine
Madeiras Ltda. was zero and, therefore, we did not suspend liquidation
of entries of millwork products from Brazil.\7\ Because Commerce has
made a final negative determination of sales at LTFV with regard to the
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 entries of millwork products from
Brazil.
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\7\ See Preliminary Determination, 85 FR at 48667.
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission of our final determination. As our final
determination is negative, this proceeding is terminated in accordance
with section 735(c)(2) of the Act.
Notification Regarding Administrative Protective Orders
This notice will serve as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and terms of an APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: December 28, 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 obscure 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 this investigation if
performed in the country of manufacture of the in-scope product.
Excluded from the scope of this investigation are countertop/
butcherblocks imported as a full countertop/butcherblock panel,
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 of 1.5
inches or greater and a certification stamp from an American Lumber
Standard Committee-certified grading agency. The exclusion for
lumber whether solid, finger-jointed, or edge-glued 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
and/or edge-glued, or to finger-jointed and/or edge-glued moulding
or millwork blanks (whether or not resawn). Accordingly, S4S and
S1S2E stock/boards that are not finger-jointed or edge-glued are
excluded from the scope of this investigation.
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 the investigation is dispositive.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes From the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Whether Commerce Should Treat All Three Mandatory
Respondents
[[Page 72]]
as Affiliates and Collapse Them Into a Single Entity
Comment 2: Whether Commerce Should Revise Its CV Profit
Calculation
Comment 3: Whether Araupel's Log Valuations Are Inaccurate and
Do Not Reflect an Accurate Market Price
Comment 4: Whether Commerce Should Recalculate the Fair Value
Adjustment for Araupel's Costs for Biological Assets Consumed during
the POI
Comment 5: Whether Commerce Incorrectly Decreased Araupel's
Costs for Biological Assets Not Consumed during the POI
Comment 6: Whether Commerce Should Apply the Major Input Rule to
Araupel's Log Purchases
Comment 7: Whether Unreconciled Costs Should Be Allocated to
Production Costs
Comment 8: Whether Araupel's Non-Prime Merchandise Should Be
Assigned Full Production Costs
Comment 9: Whether Commerce Should Use the Federal Reserve's
Small Business Lending Survey Short-Term Interest Rate To Calculate
Araupel's Credit Expenses
Comment 10: Whether Commerce Should Use the Earlier of the
Shipment Date or Commercial Invoice as Braslumber/BrasPine's Date of
Sale
Comment 11: Whether the Date of Sale Should Be Consistent
Between the Mandatory Respondents
Comment 12: Whether Commerce Should Include Araupel's Reported
Other Revenue
V. Recommendation
[FR Doc. 2020-29103 Filed 12-31-20; 8:45 am]
BILLING CODE 3510-DS-P