Wood Mouldings and Millwork Products From the People's Republic of China: Countervailing Duty Order, 9484-9486 [2021-03150]
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9484
Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Notices
(1) ABC dry chemical powder preparations
for fire extinguishers containing MAP or DAP
in powdered form;
(2) industrial or technical grade MAP in
white crystalline form with available P2O5
content of at least 60% by actual weight;
(3) industrial or technical grade
diammonium phosphate in white crystalline
form with available P2O5 content of at least
50% by actual weight;
(4) liquid ammonium polyphosphate
fertilizers;
(5) dicalcium phosphate, chemical formula
CaHPO4;
(6) monocalcium phosphate, chemical
formula CaH4P2O8;
(7) trisodium phosphate, chemical formula
Na3PO4;
(8) sodium tripolyphosphate, chemical
formula Na5P3O10;
(9) prepared baking powders containing
sodium bicarbonate and any form of
phosphate;
(10) animal or vegetable fertilizers not
containing phosphate fertilizers otherwise
covered by the scope of this investigation;
(11) phosphoric acid, chemical formula
H3PO4.
The Chemical Abstracts Service (CAS)
numbers for covered phosphate fertilizers
include, but are not limited to: 7722–76–1
(MAP); 7783–28–0 (DAP); and 65996–95–4
(TSP). The covered products may also be
identified by Nitrogen-Phosphate- Potash
composition, including but not limited to: NP
11–52–0 (MAP); NP 18–46–0 (DAP); and NP
0–46–0 (TSP).
The covered merchandise is currently
classified in the Harmonized Tariff Schedule
of the United States (HTSUS) at subheadings
3103.11.0000; 3103.19.0000; 3105.20.0000;
3105.30.0000; 3105.40.0010; 3105.40.0050;
3105.51.0000; and 3105.59.0000. Phosphate
fertilizers subject to this investigation may
also enter under subheadings 3103.90.0010,
3105.10.0000, 3105.60.0000, 3105.90.0010,
and 3105.90.0050. Although the HTSUS
subheadings and CAS registry numbers are
provided for convenience and customs
purposes, the written description of the
scope is dispositive.
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Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Subsidies Valuation
IV. Benchmarks and Interest Rates
V. Analysis of Programs
VI. Analysis of Comments
General Issues
Comment 1: Whether the Petition
Demonstrated Sufficient Industry
Support
Comment 2: Whether Commerce’s ‘‘Other
Assistance’’ Question Is Contrary to Law
Mining Rights for Less Than Adequate
Remuneration (LTAR)
Comment 3: Whether Commerce Should
Revise the Phosphate Rock Benchmark
Comment 4: Whether to Include or Exclude
HQ, Support, Debt, and Other Costs as
Costs of Producing Phosphate Rock
Comment 5: Whether to Include a Profit
Component
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Comment 6: Whether Freight Costs Are
Double Counted in the Mining Costs
Comment 7: The Appropriate Quantity for
the Mining Rights for LTAR Benefit
Calculation
Comment 8: The Appropriate Analysis for
the Provision of Mining Rights for LTAR
Creditworthiness
Comment 9: Whether Commerce Correctly
Analyzed OCP S.A. (OCP)’s Financial
Ratios
Comment 10: Whether OCP Is
Uncreditworthy in 2018
Comment 11: Whether Commerce Should
Consider OCP’s Long-Term Loans in the
Creditworthiness Analysis
Comment 12: Whether Commerce
Misinterpreted OCP’s Credit Ratings
Authority Determinations
Comment 13: Whether BCP 7 Is an
Authority and Provides a Financial
Contribution
Comment 14: Whether Al Mada and AWB 8
Are Authorities and Provide a Financial
Contribution
OCP 2016 and 2018 Bond Issuance
Comment 15: Whether OCP’s 2016 Bond
Issue Conferred a Benefit
Comment 16: Whether OCP’s Bond
Issuance Is Specific
Comment 17: Whether Commerce Should
Revise the Uncreditworthy Benchmark
Interest Rate
Loans
Comment 18: Whether Direct Loans From
AWB, BCP, and CAM 9 Are
Countervailable
Comment 19: Whether the Provision of
Loan Guarantees Is Countervailable
Tax Programs
Comment 20: Whether Commerce
Overstated Taxable Income for the Tax
Incentives for Export Operations
Program
Comment 21: Whether Commerce Should
Adjust OCP’s Cash Deposit Rate
Comment 22: Whether the Reductions in
Tax Fines and Penalties Is Specific
Value-Added Tax (VAT)
Comment 23: Whether the MAD 10 20.5
Billion VAT Refund Is Countervailable
Comment 24: Whether VAT Exemptions
for Capital Goods, Machinery and
Equipment Are Countervailable
Other Subsidies
Comment 25: Whether the Provision of
Phosphogypsum Waste Disposal Is
Countervailable
Comment 26: Whether the Provision of
Phosphogypsum Waste Disposal Was
Properly Initiated
Comment 27: Whether the Provision of Rail
Service for LTAR Is Specific
VII. Recommendation
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–118]
Wood Mouldings and Millwork
Products From the People’s Republic
of China: Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing its countervailing
duty order on wood mouldings and
millwork products (millwork products)
from the People’s Republic of China
(China).
AGENCY:
DATES:
Applicable February 16, 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,
DC 20230; telephone: (202) 482–6905 or
(202) 482–1537, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2021, Commerce
published its Final Determination in the
countervailing duty investigation of
millwork products from China.1 On
February 10, 2021, the ITC notified
Commerce of its final determination,
pursuant to sections 705(b)(1)(A)(i) and
705(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in
the United States is materially injured
by reason of subsidized imports of
millwork products from China.2
Scope of the Order
The products covered by this order
are millwork products from China. For
a full description of the scope of this
order, see the appendix to this notice.
Countervailing Duty Order
On February 10, 2021, in accordance
with sections 705(b)(1)(A)(i) and 705(d)
of the Act, the ITC notified Commerce
of its final determination in this
investigation, in which it found that an
industry in the United States is
materially injured by reason of
[FR Doc. 2021–03011 Filed 2–12–21; 8:45 am]
BILLING CODE 3510–DS–P
7 Banque
Centrale Populaire (BCP).
Bank Group (AWB).
9 Credit Agricole du Maroc (CAM).
10 Morocco dirhams (MAD).
8 Attijariwafa
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1 See Wood Mouldings and Millwork Products
from the People’s Republic of China: Final
Affirmative Countervailing Duty Determination, 86
FR 67 (January 4, 2021) (Final Determination).
2 See ITC Notification Letter, Investigations, Inv.
Nos. 701–TA–636 and 731–TA–1470 (Final)
(February 10, 2021).
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Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Notices
subsidized imports of millwork
products from China.3 In accordance
with section 705(c)(2) of the Act,
Commerce is issuing this countervailing
duty order.
Therefore, in accordance with section
706(a) of the Act, Commerce will direct
U.S. Customs and Border Protection
(CBP) to assess, upon further instruction
by Commerce, countervailing duties on
unliquidated entries of millwork
products from China entered, or
withdrawn from warehouse, for
consumption on or after June 12, 2020,
the date on which Commerce published
its preliminary countervailing duty
determination in the Federal Register,4
and before October 10, 2020, the
effective date on which Commerce
instructed CBP to discontinue the
suspension of liquidation, in accordance
with section 703(d) of the Act. Section
703(d) of the Act states that the
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months. Therefore, entries of
millwork products from China made on
or after October 10, 2020, and prior to
the date of publication of the ITC’s final
determination in the Federal Register,
are not subject to the assessment of
countervailing duties due to
Commerce’s discontinuation of the
suspension of liquidation.
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Suspension of Liquidation
In accordance with section 706 of the
Act, Commerce will direct CBP to
reinstitute the suspension of liquidation
of millwork products from China,
effective the date of publication of the
ITC’s notice of final determination in
the Federal Register, and to assess,
upon further instruction by Commerce
pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rates for the subject
merchandise. On or after the date of
publication of the ITC’s final injury
determination in the Federal Register,
CBP must require, at the same time as
importers would deposit estimated
normal customs duties on this
merchandise, a cash deposit equal to the
subsidy rates noted below. These
instructions suspending liquidation will
remain in effect until further notice. The
3 Id.
4 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).
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all-others rate applies to all producers or
exporters not specifically listed below.
Subsidy
rate
(percent)
Company
Fujian Yinfeng Imp & Exp Trading Co., Ltd 5 ...........................
Fujian Nanping Yuanqiao Wood
Industry Co., Ltd .....................
All Others ....................................
20.56
252.29
20.56
Provisional Measures
Section 703(d) of the Act states that
the suspension of liquidation pursuant
to an affirmative preliminary
determination may not remain in effect
for more than four months. In the
underlying investigation, Commerce
published the Preliminary
Determination on June 12, 2020.6
Therefore, entries of millwork products
from China made on or after October 10,
2020, and prior to the date of
publication of the ITC’s final
determination in the Federal Register,
are not subject to the assessment of
countervailing duties due to
Commerce’s discontinuation of the
suspension of liquidation.
In accordance with section 703(d) of
the Act, Commerce instructed CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
countervailing duties, unliquidated
entries of millwork products from China
entered, or withdrawn from warehouse,
for consumption on or after October 10,
2020, the date on which the provisional
countervailing duty measures expired,
through the day preceding the date of
publication of the ITC final injury
determination in the Federal Register.
Suspension of liquidation will resume
on the date of publication of the ITC
final injury determination in the
Federal Register.
Notifications to Interested Parties
This notice constitutes the
countervailing duty order with respect
to millwork products from China
pursuant to section 706(a) of the Act.
Interested parties can find a list of
countervailing duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
5 As discussed in the Preliminary Determination,
Commerce found that Fujian Province Youxi City
Mangrove Wood Machining Co., Ltd.; Fujian
Province Youxi City Mangrove Wood Machining
Co., Ltd.; and Xicheng Branch are cross-owned
affiliates of mandatory respondent Fujian Yinfeng
Imp & Exp Trading Co., Ltd. See Preliminary
Determination, 85 FR at 35901, unchanged in the
Final Determination.
6 See Preliminary Determination.
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9485
This order is issued and published in
accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: February 10, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Order
The merchandise subject to this order
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
order 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 order
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.
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Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Notices
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 order if performed in the
country of manufacture of the in-scope
product.
Excluded from the scope of this order are
countertop/butcherblocks imported as a full
countertop/butcherblock panel, exterior
fencing, exterior decking and exterior siding
products (including solid wood siding, nonwood 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 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 order.
Excluded from the scope of this order are
all products covered by the scope of the
countervailing duty order on Hardwood
Plywood from the People’s Republic of China.
See Certain Hardwood Plywood Products
from the People’s Republic of China:
Countervailing Duty Order, 83 FR 513
(January 4, 2018).
Excluded from the scope of this order are
all products covered by the scope of the
countervailing duty order on Multilayered
Wood Flooring from the People’s Republic of
China. See Multilayered Wood Flooring from
the People’s Republic of China:
Countervailing Duty Order, 76 FR 76693
(December 8, 2011).
Excluded from the scope of this order are
all products covered by the scope of the
countervailing 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: Countervailing
Duty Order, 85 FR 22134 (April 21, 2020).
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
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17:04 Feb 12, 2021
Jkt 253001
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 order
is dispositive.
[FR Doc. 2021–03150 Filed 2–12–21; 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: Amended Final Antidumping
Duty Determination and Antidumping
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing an antidumping
duty order on wood mouldings and
millwork products (millwork products)
from the People’s Republic of China
(China). In addition, Commerce is
amending its final affirmative
determination.
AGENCY:
DATES:
Applicable February 16, 2021.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Samuel Glickstein, AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1766 or (202) 482–5307,
respectively.
SUPPLEMENTARY INFORMATION:
Final Determination’’ section of this
notice for further discussion. On
February 10, 2021, the ITC notified
Commerce of its final determination,
pursuant to section 735(d) of the Tariff
Act of 1930, as amended (the Act), that
an industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by
reason of LTFV imports of millwork
products from China.3
Scope of the Order
The products covered by this order
are millwork products from China. For
a complete description of the scope of
this order, see the appendix to this
notice.
Amendment to Final Determination
A ministerial error is defined as an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.4 Pursuant to section 735(e)
of the Act and 19 CFR 351.224(e) and
(f), Commerce is amending the Final
Determination to reflect the correction
of a ministerial error in the final
estimated weighted-average dumping
margin calculated for Fujian Yinfeng
Imp & Exp Trading Co., Ltd./Fujian
Province Youxi City Mangrove Wood
Machining Co., Ltd. (Yinfeng/
Mangrove).5 In addition, because
Yinfeng/Mangrove’s estimated
weighted-average dumping margin is
the basis for the estimated weightedaverage dumping margins for 42 nonselected separate rate companies, and its
highest transaction margin is the basis
for the estimated weighted-average
dumping margin determined for the
China-wide entity, we are also revising
the estimated weighted-average
dumping margins for the separate rate
companies and the China-wide entity
rate in the Final Determination.6
Antidumping Duty Order
On February 10, 2021, in accordance
On January 4, 2021, Commerce
with section 735(d) of the Act, the ITC
published its affirmative Final
Determination in the less-than-fair-value notified Commerce of its final
determination in this investigation, in
(LTFV) investigation of millwork
products from China.1 On January 5,
3 See ITC Notification Letter, Investigations, Inv.
2021, Commerce received a ministerial
Nos. 701–TA–636 and 731–TA–1470 (Final)
error allegation with respect to its Final
(February 10, 2021) (ITC Notification Letter).
Determination.2 See the ‘‘Amendment to
4 See section 735(e) of the Act; see also 19 CFR
Background
1 See
Wood Mouldings and Millwork Products
from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 86
FR 63 (January 4, 2021) (Final Determination).
2 See Coalition of American Millwork Producers’
Letter, ‘‘Wood Mouldings and Millwork Products
from the People’s Republic of China: Ministerial
Error Comments,’’ dated January 5, 2021.
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351.224(f).
5 See Memorandum, ‘‘Final Determination of
Sales at Less-Than-Fair-Value: Wood Mouldings
and Millwork Products from the People’s Republic
of China: Ministerial Error Allegations,’’ dated
January 11, 2021 (Ministerial Error Memorandum).
6 See infra, section on ‘‘Estimated WeightedAverage Dumping Margins’’; see also Ministerial
Error Memorandum.
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]]>Agencies
[Federal Register Volume 86, Number 29 (Tuesday, February 16, 2021)]
[Notices]
[Pages 9484-9486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03150]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-118]
Wood Mouldings and Millwork Products From the People's Republic
of China: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final determinations by the
Department of Commerce (Commerce) and the International Trade
Commission (ITC), Commerce is issuing its countervailing duty order on
wood mouldings and millwork products (millwork products) from the
People's Republic of China (China).
DATES: Applicable February 16, 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, DC 20230; telephone: (202) 482-6905 or (202)
482-1537, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2021, Commerce published its Final Determination in
the countervailing duty investigation of millwork products from
China.\1\ On February 10, 2021, the ITC notified Commerce of its final
determination, pursuant to sections 705(b)(1)(A)(i) and 705(d) of the
Tariff Act of 1930, as amended (the Act), that an industry in the
United States is materially injured by reason of subsidized imports of
millwork products from China.\2\
---------------------------------------------------------------------------
\1\ See Wood Mouldings and Millwork Products from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination, 86 FR 67 (January 4, 2021) (Final Determination).
\2\ See ITC Notification Letter, Investigations, Inv. Nos. 701-
TA-636 and 731-TA-1470 (Final) (February 10, 2021).
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are millwork products from
China. For a full description of the scope of this order, see the
appendix to this notice.
Countervailing Duty Order
On February 10, 2021, in accordance with sections 705(b)(1)(A)(i)
and 705(d) of the Act, the ITC notified Commerce of its final
determination in this investigation, in which it found that an industry
in the United States is materially injured by reason of
[[Page 9485]]
subsidized imports of millwork products from China.\3\ In accordance
with section 705(c)(2) of the Act, Commerce is issuing this
countervailing duty order.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 706(a) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, countervailing duties on unliquidated
entries of millwork products from China entered, or withdrawn from
warehouse, for consumption on or after June 12, 2020, the date on which
Commerce published its preliminary countervailing duty determination in
the Federal Register,\4\ and before October 10, 2020, the effective
date on which Commerce instructed CBP to discontinue the suspension of
liquidation, in accordance with section 703(d) of the Act. Section
703(d) of the Act states that the suspension of liquidation pursuant to
an affirmative preliminary determination may not remain in effect for
more than four months. Therefore, entries of millwork products from
China made on or after October 10, 2020, and prior to the date of
publication of the ITC's final determination in the Federal Register,
are not subject to the assessment of countervailing duties due to
Commerce's discontinuation of the suspension of liquidation.
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of millwork products from
China, effective the date of publication of the ITC's notice of final
determination in the Federal Register, and to assess, upon further
instruction by Commerce pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of the subject merchandise in an
amount based on the net countervailable subsidy rates for the subject
merchandise. On or after the date of publication of the ITC's final
injury determination in the Federal Register, CBP must require, at the
same time as importers would deposit estimated normal customs duties on
this merchandise, a cash deposit equal to the subsidy rates noted
below. These instructions suspending liquidation will remain in effect
until further notice. The all-others rate applies to all producers or
exporters not specifically listed below.
---------------------------------------------------------------------------
\5\ As discussed in the Preliminary Determination, Commerce
found that Fujian Province Youxi City Mangrove Wood Machining Co.,
Ltd.; Fujian Province Youxi City Mangrove Wood Machining Co., Ltd.;
and Xicheng Branch are cross-owned affiliates of mandatory
respondent Fujian Yinfeng Imp & Exp Trading Co., Ltd. See
Preliminary Determination, 85 FR at 35901, unchanged in the Final
Determination.
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Fujian Yinfeng Imp & Exp Trading Co., Ltd \5\............... 20.56
Fujian Nanping Yuanqiao Wood Industry Co., Ltd.............. 252.29
All Others.................................................. 20.56
------------------------------------------------------------------------
Provisional Measures
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. In the underlying investigation,
Commerce published the Preliminary Determination on June 12, 2020.\6\
Therefore, entries of millwork products from China made on or after
October 10, 2020, and prior to the date of publication of the ITC's
final determination in the Federal Register, are not subject to the
assessment of countervailing duties due to Commerce's discontinuation
of the suspension of liquidation.
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\6\ See Preliminary Determination.
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In accordance with section 703(d) of the Act, Commerce instructed
CBP to terminate the suspension of liquidation and to liquidate,
without regard to countervailing duties, unliquidated entries of
millwork products from China entered, or withdrawn from warehouse, for
consumption on or after October 10, 2020, the date on which the
provisional countervailing duty measures expired, through the day
preceding the date of publication of the ITC final injury determination
in the Federal Register. Suspension of liquidation will resume on the
date of publication of the ITC final injury determination in the
Federal Register.
Notifications to Interested Parties
This notice constitutes the countervailing duty order with respect
to millwork products from China pursuant to section 706(a) of the Act.
Interested parties can find a list of countervailing duty orders
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: February 10, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise subject to this order 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
order 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 order 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.
[[Page 9486]]
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 order if performed in
the country of manufacture of the in-scope product.
Excluded from the scope of this order 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 order.
Excluded from the scope of this order are all products covered
by the scope of the countervailing duty order on Hardwood Plywood
from the People's Republic of China. See Certain Hardwood Plywood
Products from the People's Republic of China: Countervailing Duty
Order, 83 FR 513 (January 4, 2018).
Excluded from the scope of this order are all products covered
by the scope of the countervailing duty order on Multilayered Wood
Flooring from the People's Republic of China. See Multilayered Wood
Flooring from the People's Republic of China: Countervailing Duty
Order, 76 FR 76693 (December 8, 2011).
Excluded from the scope of this order are all products covered
by the scope of the countervailing 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: Countervailing Duty Order, 85 FR 22134 (April 21, 2020).
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 order is dispositive.
[FR Doc. 2021-03150 Filed 2-12-21; 8:45 am]
BILLING CODE 3510-DS-P
