Wood Mouldings and Millwork Products From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 63-67 [2020-29104]
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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices
Failure to comply with the regulations
and terms of an APO is a violation,
which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with section
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h).
Dated: December 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–29110 Filed 12–31–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–117]
Wood Mouldings and Millwork
Products From the People’s Republic
of China: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
wood mouldings and millwork products
(millwork products) from the People’s
Republic of China (China) are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation is July 1, 2019
through December 31, 2019.
DATES: Applicable January 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Michael Bowen, 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) 482–1766 or
(202) 482–0768, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 12, 2020, Commerce
published the Preliminary
Determination in the LTFV investigation
of millwork products from China.1 For
a complete description of the events that
followed the Preliminary Determination,
1 See
Wood Mouldings and Millwork Products
from the People’s Republic of China: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 85 FR
48669 (August, 12, 2020) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
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see the Issues and Decision
Memorandum.2
Scope of the Investigation
The products covered by this
investigation are millwork products
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
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 normally verifies
information relied upon in making its
final determination, pursuant to section
782(i)(1) of the Tariff Act of 1930, as
amended (the Act). However, during the
course of this investigation, Commerce
was unable to conduct on-site
verification due to travel restrictions.5
Consistent with section 776(a)(2)(D) of
the Act, Commerce relied on the
information submitted on the record,
where appropriate, which we used in
making our Preliminary Determination,
as facts available in making our final
determination.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
2 See Memorandum, ‘‘Wood Mouldings and
Millwork Products from the People’s Republic of
China: Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less
Than Fair Value,’’ 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
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 Memorandum, ‘‘Antidumping Duty
Investigation of Wood Mouldings and Millwork
Products from the People’s Republic of China:
Cancellation of Verification and Establishment of
Briefing Schedule,’’ dated October 23, 2020.
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63
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.
China-Wide Entity and Use of Adverse
Facts Available
Commerce continues to find that the
use of facts available is warranted in
determining the rate of the China-wide
entity pursuant to sections 776(a)(1) and
(a)(2)(A)–(C) of the Act. As discussed in
the Issues and Decision Memorandum,
Commerce finds that the use of facts
available is also warranted with respect
to Bel Trade Wood Industrial Co., Ltd.
Youxi Fujian (Bel Trade) pursuant to
sections 776(a)(1) and (a)(2)(A)–(C) of
the Act. Furthermore, we find that the
use of adverse facts available (AFA) is
warranted because the China-wide
entity, including Bel Trade, did not
cooperate to the best of its ability to
comply with our requests for
information and, accordingly, we
applied adverse inferences in selecting
from the facts available, pursuant to
section 776(b) of the Act and 19 CFR
351.308(a). For the final determination,
as AFA, we are assigning the Chinawide entity, including Bel Trade, the
rate of 230.36 percent, which is the
highest calculated transaction-specific
margin on the record.6
Separate Rates
We preliminarily granted 43
companies, including the two
mandatory respondents, Fujian Yinfeng
Imp & Exp Trading Co., Ltd./Fujian
Province Youxi City Mangrove Wood
Machining Co., Ltd. (Yinfeng/
Mangrove) 7 and Bel Trade, and 41 non6 See Issues and Decision Memorandum at
‘‘Application of Facts Available and Use of Facts
Available’’ section for a full discussion.
7 Commerce preliminarily determined that the
exporter Yinfeng, and its affiliated producer,
Mangrove, are a single entity. See Preliminary
Determination PDM. No new facts have been
presented on the record of this investigation since
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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices
individually examined respondents, a
separate rate in the Preliminary
Determination based on their
eligibility.8 As discussed in the Issues
and Decision Memorandum, we
continue to find that Yinfeng/Mangrove
is eligible for a separate rate in the final
determination.9 Because we find that
AFA is warranted for Bel Trade in the
final determination, it is no longer
eligible for a separate rate and is
considered part of the China-wide
entity.10
No party commented on our
preliminary separate rate
determinations with respect to the 41
non-individually examined companies;
thus, there is no basis to reconsider our
preliminary determinations with respect
to these companies, and we have
continued to grant them a separate rate
in this final determination. Finally, with
respect to Lanzhou Xinyoulian
Industrial Co., Ltd. (Lanzhou
Xinyoulian), a company to which we
preliminarily denied a separate rate, we
find Lanzhou Xinyoulian is also entitled
to a separate rate after careful
consideration of its timely submitted
information requested after the
Preliminary Determination.11
In determining the rate for nonindividually examined separate rate
respondents in a non-market economy
antidumping duty (AD) investigation,
Commerce normally takes guidance
from section 735(c)(5)(A) of the Act,
which governs the calculation of the allothers rate in a market economy AD
investigation. Generally, under section
735(c)(5)(A) of the Act, this rate shall be
an amount equal to the weighted
average of the estimated AD rates
established for those companies
individually examined, excluding any
zero and de minimis rates and any rates
based entirely under section 776 of the
Act.
The sole calculated AD rate for this
final determination is the margin
calculated for Yinfeng/Mangrove.
Therefore, for the final determination,
we assigned the rate calculated for
Yinfeng/Mangrove as the separate rate
for the non-individually examined
companies which established their
eligibility for a separate rate, consistent
with our practice.12
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from interested
parties, we made changes to the margin
calculations for Yinfeng/Mangrove.13 As
a result of these changes, Commerce
also revised the China-wide entity rate
and the rate for those companies
entitled to a separate rate. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Combination Rates
Consistent with the Preliminary
Determination 14 and Policy Bulletin
05.1,15 Commerce calculated
combination rates for the respondents
that are eligible for a separate rate in
this investigation.
Final Determination
Commerce determines that the
following weighted-average dumping
margins exist for the companies under
investigation:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Fujian Yinfeng Imp & Exp Trading Co., Ltd/Fujian
Province Youxi City Mangrove Wood Machining
Co., Ltd.16.
Anji Golden Elephant Bamboo Wooden Industry Co.,
Ltd.
Anji Huaxin Bamboo & Wood Products Co., Ltd .........
Cao County Hengda Wood Products Co., Ltd .............
Evermark (Yantai) Co., Ltd ...........................................
Fujian Hongjia Craft Products Co., Ltd ........................
Fujian Jinquan Trade Co., Ltd ......................................
Fujian Yinfeng Imp & Exp Trading Co., Ltd/Fujian
Province Youxi City Mangrove Wood Machining
Co., Ltd.
Anji Golden Elephant Bamboo Wooden Industry Co.,
Ltd.
Anji Huaxin Bamboo & Wood Products Co., Ltd .........
Cao County Hengda Wood Products Co., Ltd .............
Evermark (Yantai) Co., Ltd ...........................................
Fujian Hongjia Craft Products Co., Ltd ........................
Fujian Province Youxi County Baiyuan Wood Machining Co., Ltd.
Fujian Nanping Yuanqiao Wood Industry Co., Ltd ......
Fujian Province Youxi County Chang Sheng Wood
Machining Co., Ltd.
Fujian Sanming City Donglai Wood Co., Ltd ...............
Fujian Shunchang Shengsheng Wood Industry Limited Company.
Fujian Wangbin Decorative Material Co., Ltd ..............
Fujian Ruisen International Industrial Co., Ltd .............
Fujian Zhangping Kimura Forestry Products Co., Ltd
Heze Huasheng Wooden Co., Ltd ...............................
Huaan Longda Wood Industry Co., Ltd .......................
Jiangsu Chen Sheng Forestry Development Co., Ltd
Jiangsu Wenfeng Wood Co., Ltd .................................
Lanzhou Xinyoulian Industrial Co., Ltd ........................
Fujian Nanping Yuanqiao Wood Industry Co., Ltd ......
Fujian Province Youxi County Chang Sheng Wood
Machining Co., Ltd.
Fujian Sanming City Donglai Wood Co., Ltd ...............
Fujian Shunchang Shengsheng Wood Industry Limited Company.
Fujian Wangbin Decorative Material Co., Ltd ..............
Fujian Youxi Best Arts & Crafts Co., Ltd .....................
Fujian Zhangping Kimura Forestry Products Co., Ltd
Heze Huasheng Wooden Co., Ltd ...............................
Huaan Longda Wood Industry Co., Ltd .......................
Jiangsu Chen Sheng Forestry Development Co., Ltd
Jiangsu Wenfeng Wood Co., Ltd .................................
Lanzhou Xinyoulian Industrial Co., Ltd ........................
the Preliminary Determination warranting
reconsideration of this decision in the final
determination.
8 See Preliminary Determination PDM at 12–13.
9 See Issues and Decision Memorandum at
Comment 1 for further discussion.
10 Id. at ‘‘Application of Facts Available and Use
of Facts Available’’ section.
11 Id. at ‘‘Separate Rates’’ section.
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12 See, e.g., Preliminary Determination of Sales at
Less Than Fair Value and Partial Affirmative
Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People’s Republic of
China, 71 FR 77373, 77377 (December 26, 2006),
unchanged in Final Determination of Sales at Less
Than Fair Value and Partial Affirmative
Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People’s Republic of
China, 72 FR 19690 (April 19, 2007).
13 See Issues and Decision Memorandum.
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14 See
Cash
deposit rate
(adjusted
for subsidy
offsets)
(percent)
44.60
33.87
44.60
33.87
44.60
44.60
44.60
44.60
44.60
33.87
33.87
33.87
33.87
33.87
44.60
44.60
33.87
33.87
44.60
44.60
33.87
33.87
44.60
44.60
44.60
44.60
44.60
44.60
44.60
44.60
33.87
33.87
33.87
33.87
33.87
33.87
33.87
33.87
Preliminary Determination.
Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ dated April 5, 2005 (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
16 As mentioned above, Commerce determined
that Yinfeng/Mangrove is a single entity.
15 See
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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Lianyungang Tianke New Energy Technology Co., Ltd
Longquan Jiefeng Trade Co., Ltd ................................
Nanping Huatai Wood & Bamboo Co., Ltd ..................
Nanping Qiangmei Import & Export Co., Ltd ...............
Oppein Home Group Inc ..............................................
Putian Yihong Wood Industry Co., Ltd .........................
Qimen Jianxing Bamboo and Wood Goods Co., Ltd ...
Qingdao Sanhe Dacheng International Trade Co., Ltd
Rizhao Duli Trade Co., Ltd ...........................................
Rizhao Guantong Woodworking Co., Ltd .....................
Lianyungang Tianke New Energy Technology Co., Ltd
Zhejiang Senya Board Industry Co., Ltd ......................
Nanping Huatai Wood & Bamboo Co., Ltd ..................
Pucheng County Qiangmei Wood Company, Ltd ........
Oppein Home Group Inc. .............................................
Putian Yihong Wood Industry Co., Ltd .........................
Qimen Jianxing Bamboo and Wood Goods Co., Ltd ...
Yongan Tenlong Bamboo & Wood Products Co., Ltd
Rizhao Jiayue Industry & Trading Co., Ltd ..................
Shouguang Luli Wood Industry Co., Ltd/Rizhao Forest
International Trading Co., Ltd/Xiamen Oubai Industry & Trade Co., Ltd.
Sanming Shitong Wood Industry Co., Ltd ....................
Shandong Jicheng Decorative Material Co., Ltd .........
Shaxian Hengtong Wood Industry Co., Ltd .................
Shaxian Shiyiwood, Ltd ................................................
Shuyang Zhongding Decoration Materials Co., Ltd .....
Suqian Sulu Import & Export Trading Co., Ltd ............
The Ancientree Cabinet Co., Ltd ..................................
Zhangzhou City Jinxi Building Material Co., Ltd ..........
Pucheng County Qiangmei Wood Company, Ltd/
Lianyungang Tianke New Energy Technology Co.,
Ltd/Fujian Sanming City Donglai Wood Co., Ltd/
Zhangzhou Fukangyuan Industry and Trade Co.,
Ltd.
Xuzhou Hexi Wood Co., Ltd .........................................
Zhangping San Chuan Industrial & Trade Co., Ltd .....
Zhangzhou Green Wood Industry and Trade Co., Ltd
Zhangzhou Wangjiamei Industry and Trade Co., Ltd ..
Zhangzhou Yihong Industrial Co., Ltd ..........................
.......................................................................................
Sanming Lingtong Trading Co., Ltd .............................
Shandong Miting Household Co., Ltd ..........................
Shaxian Hengtong Wood Industry Co., Ltd .................
Shaxian Shiyiwood, Ltd ................................................
Shuyang Kevin International Co., Ltd ..........................
Suqian Sulu Import & Export Trading Co., Ltd ............
The Ancientree Cabinet Co., Ltd ..................................
Xiamen Jinxi Building Material Co., Ltd .......................
Xuzhou Goodwill Resource Co., Ltd ............................
Xuzhou Hexi Wood Co., Ltd .........................................
Zhangping San Chuan Industrial & Trade Co., Ltd .....
Zhangzhou Green Wood Industry and Trade Co., Ltd
Zhangzhou Wangjiamei Industry and Trade Co., Ltd ..
Zhangzhou Yihong Industrial Co., Ltd ..........................
China-Wide Entity .........................................................
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).
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of all entries of millwork
products from China, as described in
Appendix I of this notice, which are
entered, or withdrawn from warehouse,
for consumption on or after August 12,
2020, the date of publication in the
Federal Register of the affirmative
Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of
the Act, upon the publication of this
notice, Commerce will instruct CBP to
require a cash deposit equal to the
weighted-average amount by which the
normal value exceeds U.S. price as
follows: (1) The cash deposit rate for the
exporter/producer combinations listed
in the table above will be the rate
identified in the table; (2) for all
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Jkt 253001
combinations of Chinese exporters/
producers of subject merchandise that
have not received their own separate
rate above, the cash deposit rate will be
the cash deposit rate established for the
China-wide entity; and (3) for all nonChinese exporters of subject
merchandise which have not received
their own separate rate above, the cash
deposit rate will be the cash deposit rate
applicable to the Chinese exporter/
producer combination that supplied that
non-Chinese exporter. These suspension
of liquidation instructions will remain
in effect until further notice.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
where appropriate. Accordingly,
because Commerce made a final
affirmative determination for export
subsidies in the companion CVD
investigation, we offset the calculated
estimated weighted-average dumping
margins by the appropriate export
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Sfmt 4703
Cash
deposit rate
(adjusted
for subsidy
offsets)
(percent)
44.60
44.60
44.60
44.60
44.60
44.60
44.60
44.60
44.60
44.60
33.87
33.87
33.87
33.87
33.87
33.87
33.87
33.87
33.87
33.87
44.60
44.60
44.60
44.60
44.60
44.60
44.60
44.60
44.60
33.87
33.87
33.87
33.87
33.87
33.87
33.87
33.87
33.87
44.60
44.60
44.60
44.60
44.60
230.36
33.87
33.87
33.87
33.87
33.87
219.63
subsidy rates 17 as indicated in the
above chart. However, suspension of
liquidation for provisional measures in
the companion CVD case has been
discontinued effective October 10, 2020;
therefore, we are not instructing CBP to
collect cash deposits based upon the
adjusted estimated weighted-average
dumping margin for those export
subsidies at this time.
For this final determination, we made
no adjustment for domestic subsidy
pass-through because we found no basis
upon which to make such an
adjustment.18
17 The export subsidy rate determined in the final
determination of the companion CVD investigation
is 10.73 percent. See Wood Mouldings and Millwork
Products from the People’s Republic of China:
Preliminary Affirmative Countervailing Duty
Determination (unpublished and dated
concurrently with this memorandum); unchanged
from Wood Mouldings and Millwork Products from
the People’s Republic of China: Preliminary
Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final
Antidumping Duty Determination, 85 FR 35900
(June 12, 2020), and accompanying PDM at 33–52.
18 See Issues and Decision Memorandum at
Comment 5 for further discussion.
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International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of our final
affirmative determination of sales at
LTFV. We will allow the ITC access to
all privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Enforcement
and Compliance. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
subject merchandise from China no later
than 45 days after our final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated, and all
cash deposits posted will be refunded.
If the ITC determines that such injury
does exist, Commerce will issue an AD
order directing CBP to assess, upon
further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
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
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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,
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
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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.
Excluded from the scope of this
investigation are all products covered by the
scope of the antidumping duty order on
Hardwood Plywood from the People’s
Republic of China. See Certain Hardwood
Plywood Products from the People’s Republic
of China: Amended Final Determination of
Sales at Less Than Fair Value, and
Antidumping Duty Order, 83 FR 504 (January
4, 2018).
Excluded from the scope of this
investigation are all products covered by the
scope of the antidumping duty order on
Multilayered Wood Flooring from the
People’s Republic of China. See Multilayered
Wood Flooring from the People’s Republic of
China: Amended Final Determination of
Sales at Less Than Fair Value and
Antidumping Duty Order, 76 FR 76690
(December 8, 2011).
Excluded from the scope of this
investigation are all products covered by the
scope of the antidumping duty order on
Wooden Cabinets and Vanities from the
People’s Republic of China. See Wooden
Cabinets and Vanities and Components
Thereof from the People’s Republic of China:
Antidumping Duty Order, 85 FR 22126 (April
21, 2020).
Excluded from the scope of this
investigation are all products covered by the
scope of the antidumping duty order on
Wooden Bedroom Furniture from the
People’s Republic of China. See Notice of
Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty
Order: Wooden Bedroom Furniture from the
People’s Republic of China, 70 FR 329
(January 4, 2005).
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,
E:\FR\FM\04JAN1.SGM
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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices
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. Application of Facts Available and Use of
Adverse Inference
IV. China-Wide Rate
V. Separate Rates
VI. Adjustments for Countervailable Export
Subsidies
VII. Changes From the Preliminary
Determination
VIII. Discussion of the Issues
Comment 1: Whether to Deny Yinfeng/
Mangrove a Separate Rate
Comment 2: Whether to Deny Wuxi Boda
a Separate Rate
Comment 3: Primary Surrogate Country
Selection
Comment 4: Surrogate Value Selection for
Laminated Veneer Lumber/Plywood/
Tray Material Inputs
Comment 5: Domestic Subsidy Offset
IX. Recommendation
[FR Doc. 2020–29104 Filed 12–31–20; 8:45 am]
BILLING CODE 3510–DS–P
DC 20230; telephone: (202) 482–6905 or
(202) 482–1537, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 12, 2020, Commerce
published in the Federal Register the
Preliminary Determination.1 On August
20, 2020, Commerce published its
Amended Preliminary Determination to
revise the scope of the investigation.2
The selected mandatory respondents in
this investigation are Fujian Yinfeng
Imp & Exp Trading Co., Ltd. (Yinfeng)
and Fujian Nanping Yuanqiao WoodIndustry Co., Ltd. (Yuanqiao). In the
Preliminary Determination, in
accordance with section 705(a)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.210(b)(4), Commerce
aligned the final countervailing duty
(CVD) determination with the final
antidumping duty (AD) determination.
The revised deadline for the final
determination of this investigation is
now December 28, 2020. On October 19,
2020, Commerce issued its PostPreliminary Analysis.3
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum which is hereby adopted
by this notice.4 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–118]
Wood Mouldings and Millwork
Products From the People’s Republic
of China: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
wood mouldings and millwork products
(millwork products) from the People’s
Republic of China (China).
DATES: Applicable January 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik or Faris Montgomery, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
AGENCY:
VerDate Sep<11>2014
17:28 Dec 31, 2020
Jkt 253001
1 See Wood Mouldings and Millwork Products
from the People’s Republic of China: Preliminary
Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final
Antidumping Duty Determination, 85 FR 35900
(June 12, 2020) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
2 See Wood Mouldings and Millwork Products
from the People’s Republic of China: Amended
Preliminary Countervailing Duty Determination, 85
FR 51410 (August 20, 2020) (Amended Preliminary
Determination).
3 See Memorandum, ‘‘Post-Preliminary Analysis
of the Countervailing Duty Investigation of Wood
Mouldings and Millwork Products from the
People’s Republic of China,’’ dated October 19,
2020; see also Memorandum, ‘‘Countervailing Duty
Investigation of Wood Mouldings and Millwork
Products from the People’s Republic of China:
Preliminary Creditworthiness Determination for
Fujian Province Youxi City Mangrove Wood
Machining Co., Ltd.,’’ dated October 19, 2020; and
Memorandum, ‘‘Countervailing Duty Investigation
of Wood Mouldings and Millwork Products from
the People’s Republic of China: Post-Prelim
Calculations for Fujian Yinfeng Imp & Exp Trading
Co., Ltd.,’’ dated October 19, 2020.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination of the Countervailing Duty
Investigation of Wood Mouldings and Millwork
Products from the People’s Republic of China,’’
dated concurrently with, and hereby adopted, by
this notice (Issues and Decision Memorandum).
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
67
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.
Period of Investigation
The period of investigation (POI) is
January 1, 2019 through December 31,
2019.
Scope of the Investigation
The products covered by this
investigation are millwork products
from China. For a full description of the
scope of this investigation, see
Appendix I.
Scope Comments
On August 5, 2020, we issued a
Preliminary Scope Memorandum.5
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.6 Based on the comments
received from interested parties, we are
revising the scope of this investigation
as it appeared in the Amended
Preliminary Determination. The scope
in Appendix I reflects these changes.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. A
list of the issues raised by parties, and
to which we responded in the Issues
and Decision Memorandum, is attached
to this notice at Appendix II.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce determines that there is a
5 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).
6 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).
E:\FR\FM\04JAN1.SGM
04JAN1
]]>Agencies
[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 63-67]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29104]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-117]
Wood Mouldings and Millwork Products From the People's Republic
of China: Final Affirmative Determination of Sales at Less Than Fair
Value
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of wood mouldings and millwork products (millwork products) from the
People's Republic of China (China) are being, or are likely to be, sold
in the United States at less than fair value (LTFV). The period of
investigation is July 1, 2019 through December 31, 2019.
DATES: Applicable January 4, 2021.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Michael Bowen, 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) 482-1766 or (202)
482-0768, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 12, 2020, Commerce published the Preliminary
Determination in the LTFV investigation of millwork products from
China.\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 the People's
Republic of China: Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Postponement of Final Determination, and
Extension of Provisional Measures, 85 FR 48669 (August, 12, 2020)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Wood Mouldings and Millwork Products from
the People's Republic of China: Issues and Decision Memorandum for
the Final Affirmative Determination of Sales at Less Than Fair
Value,'' 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 China. 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 normally verifies information relied upon in making its
final determination, pursuant to section 782(i)(1) of the Tariff Act of
1930, as amended (the Act). However, during the course of this
investigation, Commerce was unable to conduct on-site verification due
to travel restrictions.\5\ Consistent with section 776(a)(2)(D) of the
Act, Commerce relied on the information submitted on the record, where
appropriate, which we used in making our Preliminary Determination, as
facts available in making our final determination.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Antidumping Duty Investigation of Wood
Mouldings and Millwork Products from the People's Republic of China:
Cancellation of Verification and Establishment of Briefing
Schedule,'' dated October 23, 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.
China-Wide Entity and Use of Adverse Facts Available
Commerce continues to find that the use of facts available is
warranted in determining the rate of the China-wide entity pursuant to
sections 776(a)(1) and (a)(2)(A)-(C) of the Act. As discussed in the
Issues and Decision Memorandum, Commerce finds that the use of facts
available is also warranted with respect to Bel Trade Wood Industrial
Co., Ltd. Youxi Fujian (Bel Trade) pursuant to sections 776(a)(1) and
(a)(2)(A)-(C) of the Act. Furthermore, we find that the use of adverse
facts available (AFA) is warranted because the China-wide entity,
including Bel Trade, did not cooperate to the best of its ability to
comply with our requests for information and, accordingly, we applied
adverse inferences in selecting from the facts available, pursuant to
section 776(b) of the Act and 19 CFR 351.308(a). For the final
determination, as AFA, we are assigning the China-wide entity,
including Bel Trade, the rate of 230.36 percent, which is the highest
calculated transaction-specific margin on the record.\6\
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum at ``Application of Facts
Available and Use of Facts Available'' section for a full
discussion.
---------------------------------------------------------------------------
Separate Rates
We preliminarily granted 43 companies, including the two mandatory
respondents, Fujian Yinfeng Imp & Exp Trading Co., Ltd./Fujian Province
Youxi City Mangrove Wood Machining Co., Ltd. (Yinfeng/Mangrove) \7\ and
Bel Trade, and 41 non-
[[Page 64]]
individually examined respondents, a separate rate in the Preliminary
Determination based on their eligibility.\8\ As discussed in the Issues
and Decision Memorandum, we continue to find that Yinfeng/Mangrove is
eligible for a separate rate in the final determination.\9\ Because we
find that AFA is warranted for Bel Trade in the final determination, it
is no longer eligible for a separate rate and is considered part of the
China-wide entity.\10\
---------------------------------------------------------------------------
\7\ Commerce preliminarily determined that the exporter Yinfeng,
and its affiliated producer, Mangrove, are a single entity. See
Preliminary Determination PDM. No new facts have been presented on
the record of this investigation since the Preliminary Determination
warranting reconsideration of this decision in the final
determination.
\8\ See Preliminary Determination PDM at 12-13.
\9\ See Issues and Decision Memorandum at Comment 1 for further
discussion.
\10\ Id. at ``Application of Facts Available and Use of Facts
Available'' section.
---------------------------------------------------------------------------
No party commented on our preliminary separate rate determinations
with respect to the 41 non-individually examined companies; thus, there
is no basis to reconsider our preliminary determinations with respect
to these companies, and we have continued to grant them a separate rate
in this final determination. Finally, with respect to Lanzhou
Xinyoulian Industrial Co., Ltd. (Lanzhou Xinyoulian), a company to
which we preliminarily denied a separate rate, we find Lanzhou
Xinyoulian is also entitled to a separate rate after careful
consideration of its timely submitted information requested after the
Preliminary Determination.\11\
---------------------------------------------------------------------------
\11\ Id. at ``Separate Rates'' section.
---------------------------------------------------------------------------
In determining the rate for non-individually examined separate rate
respondents in a non-market economy antidumping duty (AD)
investigation, Commerce normally takes guidance from section
735(c)(5)(A) of the Act, which governs the calculation of the all-
others rate in a market economy AD investigation. Generally, under
section 735(c)(5)(A) of the Act, this rate shall be an amount equal to
the weighted average of the estimated AD rates established for those
companies individually examined, excluding any zero and de minimis
rates and any rates based entirely under section 776 of the Act.
The sole calculated AD rate for this final determination is the
margin calculated for Yinfeng/Mangrove. Therefore, for the final
determination, we assigned the rate calculated for Yinfeng/Mangrove as
the separate rate for the non-individually examined companies which
established their eligibility for a separate rate, consistent with our
practice.\12\
---------------------------------------------------------------------------
\12\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value and Partial Affirmative Determination of Critical
Circumstances: Certain Polyester Staple Fiber from the People's
Republic of China, 71 FR 77373, 77377 (December 26, 2006), unchanged
in Final Determination of Sales at Less Than Fair Value and Partial
Affirmative Determination of Critical Circumstances: Certain
Polyester Staple Fiber from the People's Republic of China, 72 FR
19690 (April 19, 2007).
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
interested parties, we made changes to the margin calculations for
Yinfeng/Mangrove.\13\ As a result of these changes, Commerce also
revised the China-wide entity rate and the rate for those companies
entitled to a separate rate. For a discussion of these changes, see the
Issues and Decision Memorandum.
---------------------------------------------------------------------------
\13\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Combination Rates
Consistent with the Preliminary Determination \14\ and Policy
Bulletin 05.1,\15\ Commerce calculated combination rates for the
respondents that are eligible for a separate rate in this
investigation.
---------------------------------------------------------------------------
\14\ See Preliminary Determination.
\15\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Final Determination
---------------------------------------------------------------------------
\16\ As mentioned above, Commerce determined that Yinfeng/
Mangrove is a single entity.
---------------------------------------------------------------------------
Commerce determines that the following weighted-average dumping
margins exist for the companies under investigation:
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Exporter Producer average for subsidy
dumping margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Fujian Yinfeng Imp & Exp Trading Co., Ltd/ Fujian Yinfeng Imp & Exp Trading 44.60 33.87
Fujian Province Youxi City Mangrove Wood Co., Ltd/Fujian Province Youxi
Machining Co., Ltd.\16\. City Mangrove Wood Machining Co.,
Ltd.
Anji Golden Elephant Bamboo Wooden Industry Anji Golden Elephant Bamboo Wooden 44.60 33.87
Co., Ltd. Industry Co., Ltd.
Anji Huaxin Bamboo & Wood Products Co., Ltd Anji Huaxin Bamboo & Wood Products 44.60 33.87
Co., Ltd.
Cao County Hengda Wood Products Co., Ltd... Cao County Hengda Wood Products 44.60 33.87
Co., Ltd.
Evermark (Yantai) Co., Ltd................. Evermark (Yantai) Co., Ltd......... 44.60 33.87
Fujian Hongjia Craft Products Co., Ltd..... Fujian Hongjia Craft Products Co., 44.60 33.87
Ltd.
Fujian Jinquan Trade Co., Ltd.............. Fujian Province Youxi County 44.60 33.87
Baiyuan Wood Machining Co., Ltd.
Fujian Nanping Yuanqiao Wood Industry Co., Fujian Nanping Yuanqiao Wood 44.60 33.87
Ltd. Industry Co., Ltd.
Fujian Province Youxi County Chang Sheng Fujian Province Youxi County Chang 44.60 33.87
Wood Machining Co., Ltd. Sheng Wood Machining Co., Ltd.
Fujian Sanming City Donglai Wood Co., Ltd.. Fujian Sanming City Donglai Wood 44.60 33.87
Co., Ltd.
Fujian Shunchang Shengsheng Wood Industry Fujian Shunchang Shengsheng Wood 44.60 33.87
Limited Company. Industry Limited Company.
Fujian Wangbin Decorative Material Co., Ltd Fujian Wangbin Decorative Material 44.60 33.87
Co., Ltd.
Fujian Youxi Best Arts & Crafts Co., Ltd... Fujian Ruisen International 44.60 33.87
Industrial Co., Ltd.
Fujian Zhangping Kimura Forestry Products Fujian Zhangping Kimura Forestry 44.60 33.87
Co., Ltd. Products Co., Ltd.
Heze Huasheng Wooden Co., Ltd.............. Heze Huasheng Wooden Co., Ltd...... 44.60 33.87
Huaan Longda Wood Industry Co., Ltd........ Huaan Longda Wood Industry Co., Ltd 44.60 33.87
Jiangsu Chen Sheng Forestry Development Jiangsu Chen Sheng Forestry 44.60 33.87
Co., Ltd. Development Co., Ltd.
Jiangsu Wenfeng Wood Co., Ltd.............. Jiangsu Wenfeng Wood Co., Ltd...... 44.60 33.87
Lanzhou Xinyoulian Industrial Co., Ltd..... Lanzhou Xinyoulian Industrial Co., 44.60 33.87
Ltd.
[[Page 65]]
Lianyungang Tianke New Energy Technology Lianyungang Tianke New Energy 44.60 33.87
Co., Ltd. Technology Co., Ltd.
Longquan Jiefeng Trade Co., Ltd............ Zhejiang Senya Board Industry Co., 44.60 33.87
Ltd.
Nanping Huatai Wood & Bamboo Co., Ltd...... Nanping Huatai Wood & Bamboo Co., 44.60 33.87
Ltd.
Nanping Qiangmei Import & Export Co., Ltd.. Pucheng County Qiangmei Wood 44.60 33.87
Company, Ltd.
Oppein Home Group Inc...................... Oppein Home Group Inc.............. 44.60 33.87
Putian Yihong Wood Industry Co., Ltd....... Putian Yihong Wood Industry Co., 44.60 33.87
Ltd.
Qimen Jianxing Bamboo and Wood Goods Co., Qimen Jianxing Bamboo and Wood 44.60 33.87
Ltd. Goods Co., Ltd.
Qingdao Sanhe Dacheng International Trade Yongan Tenlong Bamboo & Wood 44.60 33.87
Co., Ltd. Products Co., Ltd.
Rizhao Duli Trade Co., Ltd................. Rizhao Jiayue Industry & Trading 44.60 33.87
Co., Ltd.
Rizhao Guantong Woodworking Co., Ltd....... Shouguang Luli Wood Industry Co., 44.60 33.87
Ltd/Rizhao Forest International
Trading Co., Ltd/Xiamen Oubai
Industry & Trade Co., Ltd.
Sanming Lingtong Trading Co., Ltd.......... Sanming Shitong Wood Industry Co., 44.60 33.87
Ltd.
Shandong Miting Household Co., Ltd......... Shandong Jicheng Decorative 44.60 33.87
Material Co., Ltd.
Shaxian Hengtong Wood Industry Co., Ltd.... Shaxian Hengtong Wood Industry Co., 44.60 33.87
Ltd.
Shaxian Shiyiwood, Ltd..................... Shaxian Shiyiwood, Ltd............. 44.60 33.87
Shuyang Kevin International Co., Ltd....... Shuyang Zhongding Decoration 44.60 33.87
Materials Co., Ltd.
Suqian Sulu Import & Export Trading Co., Suqian Sulu Import & Export Trading 44.60 33.87
Ltd. Co., Ltd.
The Ancientree Cabinet Co., Ltd............ The Ancientree Cabinet Co., Ltd.... 44.60 33.87
Xiamen Jinxi Building Material Co., Ltd.... Zhangzhou City Jinxi Building 44.60 33.87
Material Co., Ltd.
Xuzhou Goodwill Resource Co., Ltd.......... Pucheng County Qiangmei Wood 44.60 33.87
Company, Ltd/Lianyungang Tianke
New Energy Technology Co., Ltd/
Fujian Sanming City Donglai Wood
Co., Ltd/Zhangzhou Fukangyuan
Industry and Trade Co., Ltd.
Xuzhou Hexi Wood Co., Ltd.................. Xuzhou Hexi Wood Co., Ltd.......... 44.60 33.87
Zhangping San Chuan Industrial & Trade Co., Zhangping San Chuan Industrial & 44.60 33.87
Ltd. Trade Co., Ltd.
Zhangzhou Green Wood Industry and Trade Zhangzhou Green Wood Industry and 44.60 33.87
Co., Ltd. Trade Co., Ltd.
Zhangzhou Wangjiamei Industry and Trade Zhangzhou Wangjiamei Industry and 44.60 33.87
Co., Ltd. Trade Co., Ltd.
Zhangzhou Yihong Industrial Co., Ltd....... Zhangzhou Yihong Industrial Co., 44.60 33.87
Ltd.
China-Wide Entity.......................... ................................... 230.36 219.63
----------------------------------------------------------------------------------------------------------------
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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of millwork products from China, as
described in Appendix I of this notice, which are entered, or withdrawn
from warehouse, for consumption on or after August 12, 2020, the date
of publication in the Federal Register of the affirmative Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the
publication of this notice, Commerce will instruct CBP to require a
cash deposit equal to the weighted-average amount by which the normal
value exceeds U.S. price as follows: (1) The cash deposit rate for the
exporter/producer combinations listed in the table above will be the
rate identified in the table; (2) for all combinations of Chinese
exporters/producers of subject merchandise that have not received their
own separate rate above, the cash deposit rate will be the cash deposit
rate established for the China-wide entity; and (3) for all non-Chinese
exporters of subject merchandise which have not received their own
separate rate above, the cash deposit rate will be the cash deposit
rate applicable to the Chinese exporter/producer combination that
supplied that non-Chinese exporter. These suspension of liquidation
instructions will remain in effect until further notice.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding where appropriate. Accordingly,
because Commerce made a final affirmative determination for export
subsidies in the companion CVD investigation, we offset the calculated
estimated weighted-average dumping margins by the appropriate export
subsidy rates \17\ as indicated in the above chart. However, suspension
of liquidation for provisional measures in the companion CVD case has
been discontinued effective October 10, 2020; therefore, we are not
instructing CBP to collect cash deposits based upon the adjusted
estimated weighted-average dumping margin for those export subsidies at
this time.
---------------------------------------------------------------------------
\17\ The export subsidy rate determined in the final
determination of the companion CVD investigation is 10.73 percent.
See Wood Mouldings and Millwork Products from the People's Republic
of China: Preliminary Affirmative Countervailing Duty Determination
(unpublished and dated concurrently with this memorandum); unchanged
from Wood Mouldings and Millwork Products from the People's Republic
of China: Preliminary Affirmative Countervailing Duty Determination
and Alignment of Final Determination with Final Antidumping Duty
Determination, 85 FR 35900 (June 12, 2020), and accompanying PDM at
33-52.
---------------------------------------------------------------------------
For this final determination, we made no adjustment for domestic
subsidy pass-through because we found no basis upon which to make such
an adjustment.\18\
---------------------------------------------------------------------------
\18\ See Issues and Decision Memorandum at Comment 5 for further
discussion.
---------------------------------------------------------------------------
[[Page 66]]
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of our final affirmative
determination of sales at LTFV. We will allow the ITC access to all
privileged and business proprietary information in our files, provided
the ITC confirms that it will not disclose such information, either
publicly or under an administrative protective order (APO), without the
written consent of the Assistant Secretary for Enforcement and
Compliance. Because the final determination in this proceeding is
affirmative, in accordance with section 735(b)(2) of the Act, the ITC
will make its final determination as to whether the domestic industry
in the United States is materially injured, or threatened with material
injury, by reason of imports of subject merchandise from China no later
than 45 days after our final determination. If the ITC determines that
such injury does not exist, this proceeding will be terminated, and all
cash deposits posted will be refunded. If the ITC determines that such
injury does exist, Commerce will issue an AD order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
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.
Excluded from the scope of this investigation are all products
covered by the scope of the antidumping duty order on Hardwood
Plywood from the People's Republic of China. See Certain Hardwood
Plywood Products from the People's Republic of China: Amended Final
Determination of Sales at Less Than Fair Value, and Antidumping Duty
Order, 83 FR 504 (January 4, 2018).
Excluded from the scope of this investigation are all products
covered by the scope of the antidumping duty order on Multilayered
Wood Flooring from the People's Republic of China. See Multilayered
Wood Flooring from the People's Republic of China: Amended Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order, 76 FR 76690 (December 8, 2011).
Excluded from the scope of this investigation are all products
covered by the scope of the antidumping duty order on Wooden
Cabinets and Vanities from the People's Republic of China. See
Wooden Cabinets and Vanities and Components Thereof from the
People's Republic of China: Antidumping Duty Order, 85 FR 22126
(April 21, 2020).
Excluded from the scope of this investigation are all products
covered by the scope of the antidumping duty order on Wooden Bedroom
Furniture from the People's Republic of China. See Notice of Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order: Wooden Bedroom Furniture from the People's Republic of
China, 70 FR 329 (January 4, 2005).
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,
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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. Application of Facts Available and Use of Adverse Inference
IV. China-Wide Rate
V. Separate Rates
VI. Adjustments for Countervailable Export Subsidies
VII. Changes From the Preliminary Determination
VIII. Discussion of the Issues
Comment 1: Whether to Deny Yinfeng/Mangrove a Separate Rate
Comment 2: Whether to Deny Wuxi Boda a Separate Rate
Comment 3: Primary Surrogate Country Selection
Comment 4: Surrogate Value Selection for Laminated Veneer
Lumber/Plywood/Tray Material Inputs
Comment 5: Domestic Subsidy Offset
IX. Recommendation
[FR Doc. 2020-29104 Filed 12-31-20; 8:45 am]
BILLING CODE 3510-DS-P
