Certain Hardwood Plywood Products From the People's Republic of China: Final Results of Changed Circumstances Reviews, and Revocation of the Antidumping and Countervailing Duty Orders in Part, 29562-29565 [2021-11539]
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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Notices
The local USEAC Director, in
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and serve at the pleasure of the
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Authority: 15 U.S.C. 1512 and 4721.
Laura Barmby,
District Export Council Program Manager.
[FR Doc. 2021–11560 Filed 6–1–21; 8:45 am]
BILLING CODE 3510–FP–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–051; C–570–052]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Final Results of Changed
Circumstances Reviews, and
Revocation of the Antidumping and
Countervailing Duty Orders in Part
Enforcement and Compliance
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is revoking, in part, the
antidumping duty (AD) and
countervailing duty (CVD) orders on
certain hardwood plywood products
(hardwood plywood) from the People’s
Republic of China (China) with respect
to certain finished laminated veneer
lumber (LVL) door stiles and rails.
DATES: Applicable June 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Nicolas Mayora, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3053.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On January 4, 2018, Commerce
published the AD and CVD orders on
hardwood plywood from China.1 On
1 See Certain Hardwood Plywood Products from
the People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
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April 6, 2021, Commerce published the
preliminary results of changed
circumstances reviews (CCRs) and
revocation, in part, of the Orders,
pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.216(b), with respect to
LVL door stiles and rails.2 We invited
interested parties to comment on the
Preliminary Results.
On April 14, 2021, we received new
factual information from MJB Wood
Group LLC (MJB), a U.S. importer of the
subject merchandise, which was placed
on the record by MJB at Commerce’s
request.3 On April 20, 2021, Commerce
received comments from MJB and the
petitioner 4 in response to the
Preliminary Results.5 On April 27, 2020,
we received rebuttal comments from the
petitioner.6
Final Results of Changed
Circumstances Reviews, and
Revocation of the Orders, in Part
Because no party submitted
comments opposing the Preliminary
Results of these CCRs, and the record
contains no further information or
evidence that weighs against the
proposed partial revocations, Commerce
has determined, pursuant to sections
751(d)(1) and 782(h) of the Act, and 19
CFR 351.222(g), that there are changed
circumstances that warrant revocation
of the Orders, in part. Specifically, in
light of the petitioner’s statement of lack
of interest, and the absence of comments
from any interested party addressing the
issue of domestic industry support, we
find that producers accounting for
substantially all of the production of the
and Antidumping Duty Order, 83 FR 504 (January
4, 2018) (AD Order); and Certain Hardwood
Plywood Products from the People’s Republic of
China: Countervailing Duty Order, 83 FR 513
(January 4, 2018) (CVD Order) (collectively, the
Orders).
2 See Certain Hardwood Plywood Products from
the People’s Republic of China: Preliminary Results
of Changed Circumstances Reviews, and
Consideration of Revocation of the Antidumping
and Countervailing Duty Orders in Part, 86 FR
17774 (April 6, 2021) (Preliminary Results).
3 See MJB’s Letter, ‘‘Changed Circumstances
Reviews of Hardwood Plywood Products from the
People’s Republic of China: New Factual
Information,’’ dated April 14, 2021 (MJB’s NFI
Letter).
4 The petitioner is the Coalition for Fair Trade in
Hardwood Plywood.
5 See MJB’s Letter, ‘‘Changed Circumstances
Reviews of Hardwood Plywood Products from the
People’s Republic of China: Case Brief on
Preliminary Results,’’ dated April 20, 2021 (MJB’s
Comments); see also Petitioner’s Letter, ‘‘Hardwood
Plywood Products from the People’s Republic of
China: Comments in Response to the Department’s
Preliminary Results,’’ dated April 20, 2021
(Petitioner’s Comments).
6 See Petitioner’s Letter, ‘‘Hardwood Plywood
Products from the People’s Republic of China:
Rebuttal Comments,’’ dated April 27, 2021.
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domestic like product to which the
Orders pertain lack interest in the relief
provided by the Orders with respect to
LVL door stiles and rails. Accordingly,
we are revoking the Orders, in part, with
respect to certain door stiles and rails
made of LVL that have a width not to
exceed 50 millimeters, a thickness not
to exceed 50 millimeters, and a length
of less than 2,450 millimeters. The
scope description below includes this
exclusion language.
Scope of the Orders
The merchandise subject to these
Orders is hardwood and decorative
plywood, and certain veneered panels
as described below. For purposes of this
proceeding, hardwood and decorative
plywood is defined as a generally flat,
multilayered plywood or other veneered
panel, consisting of two or more layers
or plies of wood veneers and a core,
with the face and/or back veneer made
of non-coniferous wood (hardwood) or
bamboo. The veneers, along with the
core may be glued or otherwise bonded
together. Hardwood and decorative
plywood may include products that
meet the American National Standard
for Hardwood and Decorative Plywood,
ANSI/HPVA HP–1–2016 (including any
revisions to that standard).
For purposes of this proceeding a
‘‘veneer’’ is a slice of wood regardless of
thickness which is cut, sliced or sawed
from a log, bolt, or flitch. The face and
back veneers are the outermost veneer of
wood on either side of the core
irrespective of additional surface
coatings or covers as described below.
The core of hardwood and decorative
plywood consists of the layer or layers
of one or more material(s) that are
situated between the face and back
veneers. The core may be composed of
a range of materials, including but not
limited to hardwood, softwood,
particleboard, or medium-density
fiberboard (MDF).
All hardwood plywood is included
within the scope of these Orders
regardless of whether or not the face
and/or back veneers are surface coated
or covered and whether or not such
surface coating(s) or covers obscures the
grain, textures, or markings of the wood.
Examples of surface coatings and covers
include, but are not limited to: Ultra
violet light cured polyurethanes; oil or
oil-modified or water based
polyurethanes; wax; epoxy-ester
finishes; moisture-cured urethanes;
paints; stains; paper; aluminum; high
pressure laminate; MDF; medium
density overlay (MDO); and phenolic
film. Additionally, the face veneer of
hardwood plywood may be sanded;
smoothed or given a ‘‘distressed’’
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appearance through such methods as
hand-scraping or wire brushing. All
hardwood plywood is included within
the scope even if it is trimmed; cut-tosize; notched; punched; drilled; or has
underwent other forms of minor
processing.
All hardwood and decorative
plywood is included within the scope of
these Orders, without regard to
dimension (overall thickness, thickness
of face veneer, thickness of back veneer,
thickness of core, thickness of inner
veneers, width, or length). However, the
most common panel sizes of hardwood
and decorative plywood are 1219 x 1829
mm (48 x 72 inches), 1219 x 2438 mm
(48 x 96 inches), and 1219 x 3048 mm
(48 x 120 inches).
Subject merchandise also includes
hardwood and decorative plywood that
has been further processed in a third
country, including but not limited to
trimming, cutting, notching, punching,
drilling, or any other processing that
would not otherwise remove the
merchandise from the scope of the
Orders if performed in the country of
manufacture of the in-scope product.
The scope of the Orders excludes the
following items: (1) Structural plywood
(also known as ‘‘industrial plywood’’ or
‘‘industrial panels’’) that is
manufactured to meet U.S. Products
Standard PS 1–09, PS 2–09, or PS 2–10
for Structural Plywood (including any
revisions to that standard or any
substantially equivalent international
standard intended for structural
plywood), and which has both a face
and a back veneer of coniferous wood;
(2) products which have a face and back
veneer of cork; (3) multilayered wood
flooring, as described in the
antidumping duty and countervailing
duty orders on Multilayered Wood
Flooring from the People’s Republic of
China, Import Administration,
International Trade Administration. See
Multilayered Wood Flooring from the
People’s Republic of China, 76 FR 76690
(December 8, 2011) (amended final
determination of sales at less than fair
value and antidumping duty order), and
Multilayered Wood Flooring from the
People’s Republic of China, 76 FR 76693
(December 8, 2011) (countervailing duty
order), as amended by Multilayered
Wood Flooring from the People’s
Republic of China: Amended
Antidumping and Countervailing Duty
Orders, 77 FR 5484 (February 3, 2012);
(4) multilayered wood flooring with a
face veneer of bamboo or composed
entirely of bamboo; (5) plywood which
has a shape or design other than a flat
panel, with the exception of any minor
processing described above; (6) products
made entirely from bamboo and
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adhesives (also known as ‘‘solid
bamboo’’); and (7) Phenolic Film Faced
Plyform (PFF), also known as Phenolic
Surface Film Plywood (PSF), defined as
a panel with an ‘‘Exterior’’ or ‘‘Exposure
1’’ bond classification as is defined by
The Engineered Wood Association,
having an opaque phenolic film layer
with a weight equal to or greater than
90g/m3 permanently bonded on both
the face and back veneers and an
opaque, moisture resistant coating
applied to the edges.
Excluded from the scope of these
Orders are wooden furniture goods that,
at the time of importation, are fully
assembled and are ready for their
intended uses. Also excluded from the
scope of these Orders is ‘‘ready to
assemble’’ (RTA) furniture. RTA
furniture is defined as (A) furniture
packaged for sale for ultimate purchase
by an end-user that, at the time of
importation, includes (1) all wooden
components (in finished form) required
to assemble a finished unit of furniture,
(2) all accessory parts (e.g., screws,
washers, dowels, nails, handles, knobs,
adhesive glues) required to assemble a
finished unit of furniture, and (3)
instructions providing guidance on the
assembly of a finished unit of furniture;
(B) unassembled bathroom vanity
cabinets, having a space for one or more
sinks, that are imported with all
unassembled hardwood and hardwood
plywood components that have been
cut-to-final dimensional component
shape/size, painted or stained prior to
importation, and stacked within a
singled shipping package, except for
furniture feet which may be packed and
shipped separately; or (C) unassembled
bathroom vanity linen closets that are
imported with all unassembled
hardwood and hardwood plywood
components that have been cut-to-final
dimensional shape/size, painted or
stained prior to importation, and
stacked within a single shipping
package, except for furniture feet which
may be packed and shipped separately.
Excluded from the scope of these
Orders are kitchen cabinets that, at the
time of importation, are fully assembled
and are ready for their intended uses.
Also excluded from the scope of these
Orders are RTA kitchen cabinets. RTA
kitchen cabinets are defined as kitchen
cabinets packaged for sale for ultimate
purchase by an end-user that, at the
time of importation, includes (1) all
wooden components (in finished form)
required to assemble a finished unit of
cabinetry, (2) all accessory parts (e.g.,
screws, washers, dowels, nails, handles,
knobs, hooks, adhesive glues) required
to assemble a finished unit of cabinetry,
and (3) instructions providing guidance
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on the assembly of a finished unit of
cabinetry.
Excluded from the scope of these
Orders are finished table tops, which are
table tops imported in finished form
with pre-cut or drilled openings to
attach the underframe or legs. The table
tops are ready for use at the time of
import and require no further finishing
or processing.
Excluded from the scope of these
Orders are finished countertops that are
imported in finished form and require
no further finishing or manufacturing.
Excluded from the scope of these
Orders are laminated veneer lumber
(LVL) door and window components
with (1) a maximum width of 44
millimeters, a thickness from 30
millimeters to 72 millimeters, and a
length of less than 2413 millimeters (2)
water boiling point exterior adhesive,
(3) a modulus of elasticity of 1,500,000
pounds per square inch or higher, (4)
finger-jointed or lap-jointed core veneer
with all layers oriented so that the grain
is running parallel or with no more than
3 dispersed layers of veneer oriented
with the grain running perpendicular to
the other layers; and (5) top layer
machined with a curved edge and one
or more profile channels throughout.
Excluded from the scope of these
Orders are certain door stiles and rails
made of LVL that have a width not to
exceed 50 millimeters, a thickness not
to exceed 50 millimeters, and a length
of less than 2,450 millimeters.
Imports of hardwood plywood are
primarily entered under the following
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings:
4412.10.0500; 4412.31.0520;
4412.31.0540; 4412.31.0560;
4412.31.0620; 4412.31.0640;
4412.31.0660; 4412.31.2510;
4412.31.2520; 4412.31.2610;
4412.31.2620; 4412.31.4040;
4412.31.4050; 4412.31.4060;
4412.31.4075; 4412.31.4080;
4412.31.4140; 4412.31.4150;
4412.31.4160; 4412.31.4180;
4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165;
4412.31.5175; 4412.31.5235;
4412.31.5255; 4412.31.5265;
4412.31.5275; 4412.31.6000;
4412.31.6100; 4412.31.9100;
4412.31.9200; 4412.32.0520;
4412.32.0540; 4412.32.0565;
4412.32.0570; 4412.32.0620;
4412.32.0640; 4412.32.0670;
4412.32.2510; 4412.32.2525;
4412.32.2530; 4412.32.2610;
4412.32.2630; 4412.32.3125;
4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175;
4412.32.3185; 4412.32.3235;
4412.32.3255; 4412.32.3265;
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4412.32.3275; 4412.32.3285;
4412.32.5600; 4412.32.3235;
4412.32.3255; 4412.32.3265;
4412.32.3275; 4412.32.3285;
4412.32.5700; 4412.94.1030;
4412.94.1050; 4412.94.3105;
4412.94.3111; 4412.94.3121;
4412.94.3141; 4412.94.3161;
4412.94.3175; 4412.94.4100;
4412.99.0600; 4412.99.1020;
4412.99.1030; 4412.99.1040;
4412.99.3110; 4412.99.3120;
4412.99.3130; 4412.99.3140;
4412.99.3150; 4412.99.3160;
4412.99.3170; 4412.99.4100;
4412.99.5115; and 4412.99.5710.
Imports of hardwood plywood may
also enter under HTSUS subheadings
4412.99.6000; 4412.99.7000;
4412.99.8000; 4412.99.9000;
4412.10.9000; 4412.94.5100;
4412.94.9500; and 4412.99.9500. While
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
these Orders is dispositive.
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Application of the Final Results of
These Reviews
MJB and the petitioner have requested
retroactive application of the final
results of these reviews starting April
25, 2017, for the purposes of the CVD
Order, and June 23, 2017, for purposes
of the AD Order,7 i.e., the dates that the
preliminary determinations in the AD
and CVD investigations published in the
Federal Register. Section 751(d)(3) of
the Act provides that ‘‘{a}
determination under this section to
revoke an order . . . shall apply with
respect to unliquidated entries of the
subject merchandise which are entered,
or withdrawn from warehouse, for
consumption on or after the date
determined by the administering
authority.’’ Consistently, Commerce’s
general practice is to instruct the U.S.
Customs and Border Protection (CBP) to
liquidate without regard to AD and CVD
duties, and to refund any estimated
deposits of those duties, on all
unliquidated entries of the merchandise
covered by a revocation that are not
covered by the final results of an
administrative review or automatic
liquidation.8
7 See MJB’s Comments at 2 and Petitioner’s
Comments at 2.
8 See, e.g., Certain Pasta from Italy: Final Results
of Countervailing Duty Changed Circumstances
Review and Revocation, In Part, 76 FR 27634 (May
12, 2011); Stainless Steel Bar from the United
Kingdom: Notice of Final Results of Changed
Circumstances Review and Revocation of Order, in
Part, 72 FR 65706 (November 23, 2007); Notice of
Final Results of Antidumping Duty Changed
Circumstances Review and Revocation of Order In
Part: Certain Corrosion-Resistant Carbon Steel Flat
Products from Germany, 71 FR 66163 (November
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However, Commerce has exercised its
discretion and deviated from this
general practice if the particular facts of
the case have implications for the
effective date of the partial revocation
selected by Commerce.9 Specifically,
when selecting the effective date for the
partial revocation, Commerce has
considered factors such as the effective
date proposed by the petitioner (and/or
the effective date agreed to by all
parties),10 the existence of unliquidated
entries dating back to the requested
effective date,11 whether an interested
party requested the effective date of the
revocation,12 and whether the requested
effective date creates potential
administrability issues (e.g., the
products covered by the partial
revocation are in the sales database used
in the dumping margin calculations for
a completed administrative review with
a period of review that overlaps with
date requested).13
The petitioner and MJB requested
retroactive application of the final
13, 2006); Notice of Final Results of Antidumping
Duty Changed Circumstances Reviews and
Revocation of Orders in Part: Certain CorrosionResistant Carbon Steel Flat Products from Canada
and Germany, 71 FR 14498 (March 22, 2006); and
Notice of Final Results of Antidumping Duty
Changed Circumstances Review, and Determination
to Revoke Order in Part: Certain Cased Pencils from
the People’s Republic of China, 68 FR 62428
(November 4, 2003).
9 See section 751(d)(3) of the Act; and Itochu
Building Products v. United States, 2014 WL
1363999, at *6 (CIT April 8, 2014) (Itochu Bldg.
Prod) (‘‘The statutory provision, as discussed above,
provides Commerce with discretion in the selection
of the effective date for a partial revocation
following a changed circumstances review, but that
discretion may not be exercised arbitrarily so as to
decide the question presented without considering
the relevant and competing considerations’’).
10 See, e.g., Carbon and Certain Alloy Steel Wire
Rod from Brazil, Canada, Indonesia, Mexico,
Moldova, Trinidad and Tobago, and Ukraine: Final
Results of Changed Circumstances Review, 68 FR
64079 (November 12, 2003); and Stainless Steel
Hollow Products from Sweden; Termination of
Antidumping Duty Administrative Reviews, Final
Results of Changed Circumstances Antidumping
Duty Administrative Review, and Revocation In Part
of Antidumping Duty Order, 60 FR 42529 (August
16, 1995).
11 See Steel Wire Garment Hangers from the
People’s Republic of China: Final Results of
Changed Circumstances Review, and Revocation in
Part of Antidumping Duty Order, 74 FR 50956
(October 2, 2009); Notice of Final Results of
Antidumping Duty Changed Circumstances Review,
and Determination To Revoke Order in Part; Certain
Cased Pencils from the People’s Republic of China,
71 FR 13352 (March 15, 2006); and Stainless Steel
Sheet and Strip in Coils from Japan: Final Results
of Changed Circumstance Antidumping Duty
Review, and Determination To Revoke Order in
Part), 65 FR 77578 (December 12, 2000).
12 See Large Newspaper Printing Presses and
Components Thereof, Whether Assembled or
Unassembled, from Japan: Final Results of Changed
Circumstances Antidumping Duty Administrative
Review and Intent To Revoke Antidumping Duty
Order, In Part, 64 FR 72315 (December 27, 1999).
13 See Itochu Bldg. Prods., 2014 WL 1363999, at
*6.
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results of these reviews starting April
25, 2017, for purposes of the CVD Order,
and June 23, 2017, for purposes of the
AD Order.14 Both parties note that they
are not aware of any unliquidated
entries or pending administrative
reviews that would complicate
Commerce’s implementation of the
revocations.15 The petitioner also states
that it is not aware of any policy or legal
considerations that would bar
Commerce from selecting the full
revocation dates, as requested.16 The
petitioner and MJB further claim that
not implementing the effective dates of
the CCRs as requested would cause
unnecessary harm to MJB.17 No other
parties commented in response to the
request for public comment on the
effective revocation dates in the
Initiation Notice or in our Preliminary
Results.18
We find, based on the facts in this
case, that it is appropriate to apply these
partial revocations retroactively to
unliquidated entries that were entered
or withdrawn from warehouse, for
consumption, on or after April 25, 2017,
for the CVD Order, and June 23, 2017,
for the AD Order, i.e., the effective dates
of the preliminary determinations in the
AD and CVD investigations. We have
determined based on the available
information that there are no
administrability concerns with using the
effective dates as requested by the
petitioner and MJB. Commerce is also
not currently aware of any unliquidated
entries that would complicate
Commerce’s implementation of these
revocations. Accordingly, we are
exercising our discretion, based on the
particular circumstances in these CCRs,
to make the effective dates of these
CCRs April 25, 2017, for the purposes of
the CVD Order and June 23, 2017, for
the purposes of the AD Order.
14 See Petitioner’s Comments at 1 and MJB’s
Comments at 2.
15 See Petitioner’s Comments at 2; see also MJB’s
Comments at 4; and MJB’s NFI Letter at 4.
16 See Petitioner’s Comments at 3.
17 See Petitioner’s Comments at 2; see also MJB’s
Comments at 4; and MJB’s NFI Letter at 4.
18 See Certain Hardwood Plywood Products from
the People’s Republic of China: Initiation of
Antidumping Duty and Countervailing Duty
Changed Circumstances Reviews, 86 FR 8766
(February 9, 2021) (Initiation Notice) (requesting
interested parties to comment on these CCRs,
including ‘‘comments on industry support, the
proposed partial revocation language, and whether
any of their entries are covered by this revocation
request but enjoined from liquidation due to an
injunction issued in ongoing litigation’’); see also
Preliminary Results, 86 FR at 17775–76 (stating,
inter alia, that no interested party notified
Commerce of any unliquidated entries that are
covered by the revocation request but enjoined from
liquidation due to an injunction issued in ongoing
litigation).
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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Notices
Instructions to CBP
DEPARTMENT OF COMMERCE
Because we determine that there are
changed circumstances that warrant the
revocation of the Orders, in part, we
will instruct CBP to liquidate without
regard to AD and CVD duties, and to
refund any estimated AD and CVD
duties, on all unliquidated entries of the
merchandise covered by these partial
revocations effective April 25, 2017, for
purposes of the CVD Order and June 23,
2017, for purposes of the AD Order.
Consistent with its recent notice,19
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of
these final results in the Federal
Register. If a timely summons is filed at
the U.S. Court of International Trade,
the assessment instructions will direct
CBP not to liquidate relevant entries
until the time for parties to file a request
for a statutory injunction has expired
(i.e., within 90 days of publication).
National Oceanic and Atmospheric
Administration
Notification to Interested Parties
This notice serves as a final reminder
to 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 the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of the
APO is a sanctionable violation.
We are issuing and publishing these
final results and revocation, in part, and
notice in accordance with sections
751(b) and 777(i) of the Act and 19 CFR
351.216, 19 CFR 351.222(c)(3), and 19
CFR 351.222.
Dated: May 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
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19 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duly
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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[RTID 0648–XB106]
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council’s Summer
Flounder, Scup, and Black Sea Bass
Advisory Panel will hold a public
webinar meeting, jointly with the
Atlantic States Marine Fisheries
Commission’s Summer Flounder, Scup,
and Black Sea Bass Advisory Panel.
DATES: The meeting will be held on
Monday, June 21, 2021, from 1 p.m.
until 4 p.m.
ADDRESSES: The meeting will be held
via webinar and connection information
can be accessed at: https://
www.mafmc.org/council-events/2021/
joint-sfsbsb-ap-meeting-jun21.
Council address: Mid-Atlantic Fishery
Management Council, 800 N State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331;
www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The MidAtlantic Fishery Management Council’s
Summer Flounder, Scup, and Black Sea
Bass Advisory Panel will meet via
webinar jointly with the Atlantic States
Marine Fisheries Commission’s Summer
Flounder, Scup, and Black Sea Bass
Advisory Panel. The purpose of this
meeting is to discuss recent
performance of the summer flounder,
scup, and black sea bass commercial
and recreational fisheries and develop
Fishery Performance Reports. These
reports will be considered by the
Scientific and Statistical Committee, the
Monitoring Committee, Mid-Atlantic
Fishery Management Council, and
Atlantic States Marine Fisheries
Commission when setting 2022 and
2023 catch and landings limits and
management measures for summer
flounder, scup, and black sea bass.
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aid
should be directed to Kathy Collins,
SUMMARY:
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
29565
(302) 526–5253, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 27, 2021.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–11548 Filed 6–1–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB136]
Gulf of Mexico Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting via
webinar.
AGENCY:
The Gulf of Mexico Fishery
Management Council (Council) will
hold a five-day hybrid (virtual and inperson) meeting to consider actions
affecting the Gulf of Mexico fisheries in
the exclusive economic zone (EEZ).
DATES: The meeting will convene
Monday, June 21 through Friday, June
25, 2021, from 8:30 a.m. until 5 p.m.
EDT, with the exception of Thursday,
June 24, 2021 until 5:30 p.m. EDT and
Friday, June 25, 2021 until 4:30 p.m.
EDT.
SUMMARY:
The meeting will be a
hybrid meeting offering both in-person
and virtual options for attending the
meeting. You may attend the meeting
in-person at the Opal Key Resort and
Marina, located at 245 Front Street, Key
West, FL 33040. Please note, meeting
attendees will be expected to follow
COVID–19 safety protocols as
determined by the Council and hotel.
Such precautions may include daily
temperature checks, masks, room
capacity restrictions, and/or social
distancing. If you prefer to attend
virtually you can access the log-on
information on our website at
www.gulfcouncil.org.
Council address: Gulf of Mexico
Fishery Management Council, 4107 W
Spruce Street, Suite 200, Tampa, FL
33607; telephone: (813) 348–1630.
FOR FURTHER INFORMATION CONTACT: Dr.
Carrie Simmons, Executive Director,
Gulf of Mexico Fishery Management
Council; telephone: (813) 348–1630.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
E:\FR\FM\02JNN1.SGM
02JNN1
]]>Agencies
[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Notices]
[Pages 29562-29565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11539]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051; C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Final Results of Changed Circumstances Reviews, and Revocation
of the Antidumping and Countervailing Duty Orders in Part
AGENCY: Enforcement and Compliance International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is revoking, in part,
the antidumping duty (AD) and countervailing duty (CVD) orders on
certain hardwood plywood products (hardwood plywood) from the People's
Republic of China (China) with respect to certain finished laminated
veneer lumber (LVL) door stiles and rails.
DATES: Applicable June 2, 2021.
FOR FURTHER INFORMATION CONTACT: Nicolas Mayora, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3053.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2018, Commerce published the AD and CVD orders on
hardwood plywood from China.\1\ On April 6, 2021, Commerce published
the preliminary results of changed circumstances reviews (CCRs) and
revocation, in part, of the Orders, pursuant to section 751(b)(1) of
the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216(b),
with respect to LVL door stiles and rails.\2\ We invited interested
parties to comment on the Preliminary Results.
---------------------------------------------------------------------------
\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018)
(AD Order); and Certain Hardwood Plywood Products from the People's
Republic of China: Countervailing Duty Order, 83 FR 513 (January 4,
2018) (CVD Order) (collectively, the Orders).
\2\ See Certain Hardwood Plywood Products from the People's
Republic of China: Preliminary Results of Changed Circumstances
Reviews, and Consideration of Revocation of the Antidumping and
Countervailing Duty Orders in Part, 86 FR 17774 (April 6, 2021)
(Preliminary Results).
---------------------------------------------------------------------------
On April 14, 2021, we received new factual information from MJB
Wood Group LLC (MJB), a U.S. importer of the subject merchandise, which
was placed on the record by MJB at Commerce's request.\3\ On April 20,
2021, Commerce received comments from MJB and the petitioner \4\ in
response to the Preliminary Results.\5\ On April 27, 2020, we received
rebuttal comments from the petitioner.\6\
---------------------------------------------------------------------------
\3\ See MJB's Letter, ``Changed Circumstances Reviews of
Hardwood Plywood Products from the People's Republic of China: New
Factual Information,'' dated April 14, 2021 (MJB's NFI Letter).
\4\ The petitioner is the Coalition for Fair Trade in Hardwood
Plywood.
\5\ See MJB's Letter, ``Changed Circumstances Reviews of
Hardwood Plywood Products from the People's Republic of China: Case
Brief on Preliminary Results,'' dated April 20, 2021 (MJB's
Comments); see also Petitioner's Letter, ``Hardwood Plywood Products
from the People's Republic of China: Comments in Response to the
Department's Preliminary Results,'' dated April 20, 2021
(Petitioner's Comments).
\6\ See Petitioner's Letter, ``Hardwood Plywood Products from
the People's Republic of China: Rebuttal Comments,'' dated April 27,
2021.
---------------------------------------------------------------------------
Final Results of Changed Circumstances Reviews, and Revocation of the
Orders, in Part
Because no party submitted comments opposing the Preliminary
Results of these CCRs, and the record contains no further information
or evidence that weighs against the proposed partial revocations,
Commerce has determined, pursuant to sections 751(d)(1) and 782(h) of
the Act, and 19 CFR 351.222(g), that there are changed circumstances
that warrant revocation of the Orders, in part. Specifically, in light
of the petitioner's statement of lack of interest, and the absence of
comments from any interested party addressing the issue of domestic
industry support, we find that producers accounting for substantially
all of the production of the domestic like product to which the Orders
pertain lack interest in the relief provided by the Orders with respect
to LVL door stiles and rails. Accordingly, we are revoking the Orders,
in part, with respect to certain door stiles and rails made of LVL that
have a width not to exceed 50 millimeters, a thickness not to exceed 50
millimeters, and a length of less than 2,450 millimeters. The scope
description below includes this exclusion language.
Scope of the Orders
The merchandise subject to these Orders is hardwood and decorative
plywood, and certain veneered panels as described below. For purposes
of this proceeding, hardwood and decorative plywood is defined as a
generally flat, multilayered plywood or other veneered panel,
consisting of two or more layers or plies of wood veneers and a core,
with the face and/or back veneer made of non-coniferous wood (hardwood)
or bamboo. The veneers, along with the core may be glued or otherwise
bonded together. Hardwood and decorative plywood may include products
that meet the American National Standard for Hardwood and Decorative
Plywood, ANSI/HPVA HP-1-2016 (including any revisions to that
standard).
For purposes of this proceeding a ``veneer'' is a slice of wood
regardless of thickness which is cut, sliced or sawed from a log, bolt,
or flitch. The face and back veneers are the outermost veneer of wood
on either side of the core irrespective of additional surface coatings
or covers as described below.
The core of hardwood and decorative plywood consists of the layer
or layers of one or more material(s) that are situated between the face
and back veneers. The core may be composed of a range of materials,
including but not limited to hardwood, softwood, particleboard, or
medium-density fiberboard (MDF).
All hardwood plywood is included within the scope of these Orders
regardless of whether or not the face and/or back veneers are surface
coated or covered and whether or not such surface coating(s) or covers
obscures the grain, textures, or markings of the wood. Examples of
surface coatings and covers include, but are not limited to: Ultra
violet light cured polyurethanes; oil or oil-modified or water based
polyurethanes; wax; epoxy-ester finishes; moisture-cured urethanes;
paints; stains; paper; aluminum; high pressure laminate; MDF; medium
density overlay (MDO); and phenolic film. Additionally, the face veneer
of hardwood plywood may be sanded; smoothed or given a ``distressed''
[[Page 29563]]
appearance through such methods as hand-scraping or wire brushing. All
hardwood plywood is included within the scope even if it is trimmed;
cut-to-size; notched; punched; drilled; or has underwent other forms of
minor processing.
All hardwood and decorative plywood is included within the scope of
these Orders, without regard to dimension (overall thickness, thickness
of face veneer, thickness of back veneer, thickness of core, thickness
of inner veneers, width, or length). However, the most common panel
sizes of hardwood and decorative plywood are 1219 x 1829 mm (48 x 72
inches), 1219 x 2438 mm (48 x 96 inches), and 1219 x 3048 mm (48 x 120
inches).
Subject merchandise also includes hardwood and decorative plywood
that has been further processed in a third country, including but not
limited to trimming, cutting, notching, punching, drilling, or any
other processing that would not otherwise remove the merchandise from
the scope of the Orders if performed in the country of manufacture of
the in-scope product.
The scope of the Orders excludes the following items: (1)
Structural plywood (also known as ``industrial plywood'' or
``industrial panels'') that is manufactured to meet U.S. Products
Standard PS 1-09, PS 2-09, or PS 2-10 for Structural Plywood (including
any revisions to that standard or any substantially equivalent
international standard intended for structural plywood), and which has
both a face and a back veneer of coniferous wood; (2) products which
have a face and back veneer of cork; (3) multilayered wood flooring, as
described in the antidumping duty and countervailing duty orders on
Multilayered Wood Flooring from the People's Republic of China, Import
Administration, International Trade Administration. See Multilayered
Wood Flooring from the People's Republic of China, 76 FR 76690
(December 8, 2011) (amended final determination of sales at less than
fair value and antidumping duty order), and Multilayered Wood Flooring
from the People's Republic of China, 76 FR 76693 (December 8, 2011)
(countervailing duty order), as amended by Multilayered Wood Flooring
from the People's Republic of China: Amended Antidumping and
Countervailing Duty Orders, 77 FR 5484 (February 3, 2012); (4)
multilayered wood flooring with a face veneer of bamboo or composed
entirely of bamboo; (5) plywood which has a shape or design other than
a flat panel, with the exception of any minor processing described
above; (6) products made entirely from bamboo and adhesives (also known
as ``solid bamboo''); and (7) Phenolic Film Faced Plyform (PFF), also
known as Phenolic Surface Film Plywood (PSF), defined as a panel with
an ``Exterior'' or ``Exposure 1'' bond classification as is defined by
The Engineered Wood Association, having an opaque phenolic film layer
with a weight equal to or greater than 90g/m3 permanently bonded on
both the face and back veneers and an opaque, moisture resistant
coating applied to the edges.
Excluded from the scope of these Orders are wooden furniture goods
that, at the time of importation, are fully assembled and are ready for
their intended uses. Also excluded from the scope of these Orders is
``ready to assemble'' (RTA) furniture. RTA furniture is defined as (A)
furniture packaged for sale for ultimate purchase by an end-user that,
at the time of importation, includes (1) all wooden components (in
finished form) required to assemble a finished unit of furniture, (2)
all accessory parts (e.g., screws, washers, dowels, nails, handles,
knobs, adhesive glues) required to assemble a finished unit of
furniture, and (3) instructions providing guidance on the assembly of a
finished unit of furniture; (B) unassembled bathroom vanity cabinets,
having a space for one or more sinks, that are imported with all
unassembled hardwood and hardwood plywood components that have been
cut-to-final dimensional component shape/size, painted or stained prior
to importation, and stacked within a singled shipping package, except
for furniture feet which may be packed and shipped separately; or (C)
unassembled bathroom vanity linen closets that are imported with all
unassembled hardwood and hardwood plywood components that have been
cut-to-final dimensional shape/size, painted or stained prior to
importation, and stacked within a single shipping package, except for
furniture feet which may be packed and shipped separately.
Excluded from the scope of these Orders are kitchen cabinets that,
at the time of importation, are fully assembled and are ready for their
intended uses. Also excluded from the scope of these Orders are RTA
kitchen cabinets. RTA kitchen cabinets are defined as kitchen cabinets
packaged for sale for ultimate purchase by an end-user that, at the
time of importation, includes (1) all wooden components (in finished
form) required to assemble a finished unit of cabinetry, (2) all
accessory parts (e.g., screws, washers, dowels, nails, handles, knobs,
hooks, adhesive glues) required to assemble a finished unit of
cabinetry, and (3) instructions providing guidance on the assembly of a
finished unit of cabinetry.
Excluded from the scope of these Orders are finished table tops,
which are table tops imported in finished form with pre-cut or drilled
openings to attach the underframe or legs. The table tops are ready for
use at the time of import and require no further finishing or
processing.
Excluded from the scope of these Orders are finished countertops
that are imported in finished form and require no further finishing or
manufacturing.
Excluded from the scope of these Orders are laminated veneer lumber
(LVL) door and window components with (1) a maximum width of 44
millimeters, a thickness from 30 millimeters to 72 millimeters, and a
length of less than 2413 millimeters (2) water boiling point exterior
adhesive, (3) a modulus of elasticity of 1,500,000 pounds per square
inch or higher, (4) finger-jointed or lap-jointed core veneer with all
layers oriented so that the grain is running parallel or with no more
than 3 dispersed layers of veneer oriented with the grain running
perpendicular to the other layers; and (5) top layer machined with a
curved edge and one or more profile channels throughout.
Excluded from the scope of these Orders are certain door stiles and
rails made of LVL that have a width not to exceed 50 millimeters, a
thickness not to exceed 50 millimeters, and a length of less than 2,450
millimeters.
Imports of hardwood plywood are primarily entered under the
following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 4412.10.0500; 4412.31.0520; 4412.31.0540; 4412.31.0560;
4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510; 4412.31.2520;
4412.31.2610; 4412.31.2620; 4412.31.4040; 4412.31.4050; 4412.31.4060;
4412.31.4075; 4412.31.4080; 4412.31.4140; 4412.31.4150; 4412.31.4160;
4412.31.4180; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165;
4412.31.5175; 4412.31.5235; 4412.31.5255; 4412.31.5265; 4412.31.5275;
4412.31.6000; 4412.31.6100; 4412.31.9100; 4412.31.9200; 4412.32.0520;
4412.32.0540; 4412.32.0565; 4412.32.0570; 4412.32.0620; 4412.32.0640;
4412.32.0670; 4412.32.2510; 4412.32.2525; 4412.32.2530; 4412.32.2610;
4412.32.2630; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165;
4412.32.3175; 4412.32.3185; 4412.32.3235; 4412.32.3255; 4412.32.3265;
[[Page 29564]]
4412.32.3275; 4412.32.3285; 4412.32.5600; 4412.32.3235; 4412.32.3255;
4412.32.3265; 4412.32.3275; 4412.32.3285; 4412.32.5700; 4412.94.1030;
4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3141;
4412.94.3161; 4412.94.3175; 4412.94.4100; 4412.99.0600; 4412.99.1020;
4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130;
4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100;
4412.99.5115; and 4412.99.5710.
Imports of hardwood plywood may also enter under HTSUS subheadings
4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.10.9000;
4412.94.5100; 4412.94.9500; and 4412.99.9500. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of these Orders is dispositive.
Application of the Final Results of These Reviews
MJB and the petitioner have requested retroactive application of
the final results of these reviews starting April 25, 2017, for the
purposes of the CVD Order, and June 23, 2017, for purposes of the AD
Order,\7\ i.e., the dates that the preliminary determinations in the AD
and CVD investigations published in the Federal Register. Section
751(d)(3) of the Act provides that ``{a{time} determination under this
section to revoke an order . . . shall apply with respect to
unliquidated entries of the subject merchandise which are entered, or
withdrawn from warehouse, for consumption on or after the date
determined by the administering authority.'' Consistently, Commerce's
general practice is to instruct the U.S. Customs and Border Protection
(CBP) to liquidate without regard to AD and CVD duties, and to refund
any estimated deposits of those duties, on all unliquidated entries of
the merchandise covered by a revocation that are not covered by the
final results of an administrative review or automatic liquidation.\8\
---------------------------------------------------------------------------
\7\ See MJB's Comments at 2 and Petitioner's Comments at 2.
\8\ See, e.g., Certain Pasta from Italy: Final Results of
Countervailing Duty Changed Circumstances Review and Revocation, In
Part, 76 FR 27634 (May 12, 2011); Stainless Steel Bar from the
United Kingdom: Notice of Final Results of Changed Circumstances
Review and Revocation of Order, in Part, 72 FR 65706 (November 23,
2007); Notice of Final Results of Antidumping Duty Changed
Circumstances Review and Revocation of Order In Part: Certain
Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR
66163 (November 13, 2006); Notice of Final Results of Antidumping
Duty Changed Circumstances Reviews and Revocation of Orders in Part:
Certain Corrosion-Resistant Carbon Steel Flat Products from Canada
and Germany, 71 FR 14498 (March 22, 2006); and Notice of Final
Results of Antidumping Duty Changed Circumstances Review, and
Determination to Revoke Order in Part: Certain Cased Pencils from
the People's Republic of China, 68 FR 62428 (November 4, 2003).
---------------------------------------------------------------------------
However, Commerce has exercised its discretion and deviated from
this general practice if the particular facts of the case have
implications for the effective date of the partial revocation selected
by Commerce.\9\ Specifically, when selecting the effective date for the
partial revocation, Commerce has considered factors such as the
effective date proposed by the petitioner (and/or the effective date
agreed to by all parties),\10\ the existence of unliquidated entries
dating back to the requested effective date,\11\ whether an interested
party requested the effective date of the revocation,\12\ and whether
the requested effective date creates potential administrability issues
(e.g., the products covered by the partial revocation are in the sales
database used in the dumping margin calculations for a completed
administrative review with a period of review that overlaps with date
requested).\13\
---------------------------------------------------------------------------
\9\ See section 751(d)(3) of the Act; and Itochu Building
Products v. United States, 2014 WL 1363999, at *6 (CIT April 8,
2014) (Itochu Bldg. Prod) (``The statutory provision, as discussed
above, provides Commerce with discretion in the selection of the
effective date for a partial revocation following a changed
circumstances review, but that discretion may not be exercised
arbitrarily so as to decide the question presented without
considering the relevant and competing considerations'').
\10\ See, e.g., Carbon and Certain Alloy Steel Wire Rod from
Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and
Ukraine: Final Results of Changed Circumstances Review, 68 FR 64079
(November 12, 2003); and Stainless Steel Hollow Products from
Sweden; Termination of Antidumping Duty Administrative Reviews,
Final Results of Changed Circumstances Antidumping Duty
Administrative Review, and Revocation In Part of Antidumping Duty
Order, 60 FR 42529 (August 16, 1995).
\11\ See Steel Wire Garment Hangers from the People's Republic
of China: Final Results of Changed Circumstances Review, and
Revocation in Part of Antidumping Duty Order, 74 FR 50956 (October
2, 2009); Notice of Final Results of Antidumping Duty Changed
Circumstances Review, and Determination To Revoke Order in Part;
Certain Cased Pencils from the People's Republic of China, 71 FR
13352 (March 15, 2006); and Stainless Steel Sheet and Strip in Coils
from Japan: Final Results of Changed Circumstance Antidumping Duty
Review, and Determination To Revoke Order in Part), 65 FR 77578
(December 12, 2000).
\12\ See Large Newspaper Printing Presses and Components
Thereof, Whether Assembled or Unassembled, from Japan: Final Results
of Changed Circumstances Antidumping Duty Administrative Review and
Intent To Revoke Antidumping Duty Order, In Part, 64 FR 72315
(December 27, 1999).
\13\ See Itochu Bldg. Prods., 2014 WL 1363999, at *6.
---------------------------------------------------------------------------
The petitioner and MJB requested retroactive application of the
final results of these reviews starting April 25, 2017, for purposes of
the CVD Order, and June 23, 2017, for purposes of the AD Order.\14\
Both parties note that they are not aware of any unliquidated entries
or pending administrative reviews that would complicate Commerce's
implementation of the revocations.\15\ The petitioner also states that
it is not aware of any policy or legal considerations that would bar
Commerce from selecting the full revocation dates, as requested.\16\
The petitioner and MJB further claim that not implementing the
effective dates of the CCRs as requested would cause unnecessary harm
to MJB.\17\ No other parties commented in response to the request for
public comment on the effective revocation dates in the Initiation
Notice or in our Preliminary Results.\18\
---------------------------------------------------------------------------
\14\ See Petitioner's Comments at 1 and MJB's Comments at 2.
\15\ See Petitioner's Comments at 2; see also MJB's Comments at
4; and MJB's NFI Letter at 4.
\16\ See Petitioner's Comments at 3.
\17\ See Petitioner's Comments at 2; see also MJB's Comments at
4; and MJB's NFI Letter at 4.
\18\ See Certain Hardwood Plywood Products from the People's
Republic of China: Initiation of Antidumping Duty and Countervailing
Duty Changed Circumstances Reviews, 86 FR 8766 (February 9, 2021)
(Initiation Notice) (requesting interested parties to comment on
these CCRs, including ``comments on industry support, the proposed
partial revocation language, and whether any of their entries are
covered by this revocation request but enjoined from liquidation due
to an injunction issued in ongoing litigation''); see also
Preliminary Results, 86 FR at 17775-76 (stating, inter alia, that no
interested party notified Commerce of any unliquidated entries that
are covered by the revocation request but enjoined from liquidation
due to an injunction issued in ongoing litigation).
---------------------------------------------------------------------------
We find, based on the facts in this case, that it is appropriate to
apply these partial revocations retroactively to unliquidated entries
that were entered or withdrawn from warehouse, for consumption, on or
after April 25, 2017, for the CVD Order, and June 23, 2017, for the AD
Order, i.e., the effective dates of the preliminary determinations in
the AD and CVD investigations. We have determined based on the
available information that there are no administrability concerns with
using the effective dates as requested by the petitioner and MJB.
Commerce is also not currently aware of any unliquidated entries that
would complicate Commerce's implementation of these revocations.
Accordingly, we are exercising our discretion, based on the particular
circumstances in these CCRs, to make the effective dates of these CCRs
April 25, 2017, for the purposes of the CVD Order and June 23, 2017,
for the purposes of the AD Order.
[[Page 29565]]
Instructions to CBP
Because we determine that there are changed circumstances that
warrant the revocation of the Orders, in part, we will instruct CBP to
liquidate without regard to AD and CVD duties, and to refund any
estimated AD and CVD duties, on all unliquidated entries of the
merchandise covered by these partial revocations effective April 25,
2017, for purposes of the CVD Order and June 23, 2017, for purposes of
the AD Order. Consistent with its recent notice,\19\ Commerce intends
to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of these final results in the Federal Register.
If a timely summons is filed at the U.S. Court of International Trade,
the assessment instructions will direct CBP not to liquidate relevant
entries until the time for parties to file a request for a statutory
injunction has expired (i.e., within 90 days of publication).
---------------------------------------------------------------------------
\19\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duly Administrative Proceedings, 86 FR 3995 (January
15, 2021).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice serves as a final reminder to 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 the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of the APO is a sanctionable violation.
We are issuing and publishing these final results and revocation,
in part, and notice in accordance with sections 751(b) and 777(i) of
the Act and 19 CFR 351.216, 19 CFR 351.222(c)(3), and 19 CFR 351.222.
Dated: May 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-11539 Filed 6-1-21; 8:45 am]
BILLING CODE 3510-DS-P
