Certain Hardwood Plywood Products From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Circumvention Determination and Notice of Amended Final Circumvention Determination Pursuant to Court Decision, 43187-43189 [2021-16081]
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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
for merchandise exported by producers
or exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original LTFV
investigation but the producer is, the
cash deposit rate will be the rate
established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 3.66 percent, the all-others rate
established in Amended Final
Determination.14 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Verification
On December 3, 2020, AK Steel
Corporation (AK Steel), a domestic
interested party, requested, pursuant to
19 CFR 351.307(b)(1)(v) that Commerce
conduct verification of the
questionnaire responses of Prosperity
and YP.15 Commerce is currently unable
to conduct on-site verification of the
information relied upon in making its
final results of this administrative
review. Accordingly, we intend to take
additional steps in lieu of on-site
verification to verify the information.
Commerce will notify interested parties
of any additional documentation or
information required.
Disclosure and Public Comment
Commerce will disclose to parties to
this proceeding the calculations
performed in reaching the preliminary
results within five days of the date of
publication of these preliminary
results.16 Case briefs may be submitted
to the Assistant Secretary for
Enforcement and Compliance.
Interested parties will be notified of the
timeline for the submission of such case
briefs and written comments at a later
date. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than seven days after the date for
filing case briefs.17 Parties who submit
case briefs or rebuttal briefs in this
14 See
Amended Final Determination.
AK Steel’s Letter, ‘‘Petitioner’s Request for
Verification,’’ dated December 3, 2020.
16 See 19 CFR 351.224(b).
17 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006 (March 26, 2020); and
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020)
(collectively, Temporary Rule).
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15 See
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proceeding are requested to submit with
the argument: (1) A statement of the
issue, (2) a summary of the argument,
and (3) a table of authorities.18 All briefs
must be filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.19
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.20 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. If a request for a hearing
is made, we will inform parties of the
scheduled date for the hearing at a time
and location to be determined.21 Parties
should confirm by telephone the date,
time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce will issue the final results of
this administrative review, including
the results of our analysis of the issues
raised by the parties in their case briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
18 See
19 CFR 351.309(c)(2) and (d)(2).
Temporary Rule.
20 See 19 CFR 351.310(c).
21 See 19 CFR 351.310.
19 See
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43187
Dated: July 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Affiliation and Collapsing
VI. Preliminary Determination of No
Shipments
VII. Duty Absorption
VIII. Rate for Respondent Not Selected for
Individual Examination
IX. Discussion of the Methodology
X. Currency Conversion
XI. Recommendation
[FR Doc. 2021–16838 Filed 8–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–051, C–570–052]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Notice of Court Decision Not in
Harmony With Final Circumvention
Determination and Notice of Amended
Final Circumvention Determination
Pursuant to Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 21, 2021, the U.S.
Court of International Trade (CIT)
issued its final judgment in Shelter
Forest International Acquisition Inc., et
al. v. United States, Consol. Court no.
19–00212, sustaining the Department of
Commerce (Commerce)’s first remand
redetermination pertaining to the anticircumvention determination for the
antidumping and countervailing duty
orders on certain hardwood plywood
products (plywood) from the People’s
Republic of China. In the underlying
inquiry, Commerce originally found that
plywood with face and back veneers of
radiata and/or agathis pine that: (1) Has
a Toxic Substances Control Act (TSCA)
or California Air Resources Board
(CARB) label certifying that it is
compliant with TSCA/CARB
requirements; and (2) is made with a
resin, the majority of which is
comprised of one or more of the
following three product types—urea
formaldehyde, polyvinyl acetate, and/or
soy (inquiry merchandise) was
circumventing the orders, and was,
therefore, included in the scope of the
orders. Commerce is notifying the
AGENCY:
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43188
Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
public that the CIT’s final judgment is
not in harmony with Commerce’s
original anti-circumvention
determination, and that Commerce is
amending the anti-circumvention
determination to find that inquiry
merchandise is not circumventing the
orders, and, therefore, is not included in
the scope of the orders.
DATES: Applicable July 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Rachel Greenberg, 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) 482–1110.
jbell on DSKJLSW7X2PROD with NOTICES
Background
On November 29, 2019, Commerce
found inquiry merchandise to be
circumventing the scope of the Orders,
and that, therefore, such merchandise
should be included in the scope of those
Orders.1 A number of foreign producers/
exporters and U.S. importers, including
Shelter Forest International Acquisition,
Inc. (Shelter Forest) et al., IKEA Supply
AG, Shanghai Futuwood Trading Co.,
Ltd. et al., and Taraca Pacific, Inc. et al.,
appealed Commerce’s Final AntiCircumvention Determination. On
February 18, 2021, the CIT remanded
the Final Anti-Circumvention
Determination to Commerce and
directed that Commerce: (1) Explain
why it is reasonable to require evidence
of the actual TSCA or CARB label
adhered to the product; (2) address a
variety of evidentiary issues related to
the composition of the glue used to
produce the inquiry merchandise; and
(3) accept, and consider, three
submissions which either contained a
translation error, was received late in
the process, or contained new legal
argument.2 Commerce complied with
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); and Certain Hardwood Plywood Products
from the People’s Republic of China: Countervailing
Duty Order, 82 FR 513 (January 4, 2018)
(collectively, Orders); see also Certain Hardwood
Plywood Products from the People’s Republic of
China: Affirmative Final Determination of
Circumvention of the Antidumping and
Countervailing Duty Orders, 84 FR 65783
(November 29, 2019) (Final Anti-Circumvention
Determination).
2 See Shelter Forest International Acquisition Inc.,
et al. v. United States, Consol. Court No. 19–00212,
Slip Op. 21–19 (CIT February 18, 2021) (Remand
Opinion and Order). The CIT further ruled that if,
on remand, Commerce continues to reach an
affirmative determination, Commerce must
reconsider or further explain the cash deposit rates
of the plaintiffs, amend the effective date of the
affirmative determination, and notify the
International Trade Commission of its
determination.
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Jkt 253001
the Court’s remand and accepted the
identified submissions.
In its final remand redetermination,
issued on May 10, 2021, Commerce
found that additional information
submitted pursuant to the CIT’s Remand
Opinion and Order demonstrated that
Shelter Forest sold inquiry merchandise
prior to December 8, 2016, and thus
inquiry merchandise was commercially
available prior to the initiation of the
investigation (i.e., was not laterdeveloped merchandise). Therefore, on
remand, Commerce determined inquiry
merchandise was not circumventing the
Orders, and is not included in the scope
of the Orders.3 In light of this finding,
Commerce found it unnecessary to
address the remaining directives by the
CIT. The CIT sustained Commerce’s
final redetermination.4
Timken Notice
In its decision in Timken,5 as clarified
by Diamond Sawblades,6 the Court of
Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e)
of the Tariff Act of 1930, as amended
(the Act), Commerce must publish a
notice of court decision that is not ‘‘in
harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
July 21, 2021, judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s Final AntiCircumvention Determination. Thus,
this notice is published in fulfillment of
the publication requirements of Timken.
Amended Final Anti-Circumvention
Determinations
In accordance with the CIT’s July 21,
2021, final judgment, Commerce is
amending its Final Anti-Circumvention
Determination and finds that inquiry
merchandise is not circumventing the
Orders, and that the scope of the Orders
does not include the products addressed
in the Final Anti-Circumvention
Determination.
3 See Final Results of Redetermination Pursuant
to Court Remand: Shelter Forest International
Acquisition Inc., et al. v. United States, Consol.
Court No. 19–00212, Slip Op. 21–19 (CIT February
18, 2021) dated May 10, 2021 at 31. The CIT made
additional findings, but Commerce was not required
to address these other findings because they became
moot as a result of the Shelter Forest determination.
4 See Shelter Forest International Acquisition Inc.,
et al. v. United States, Consol. Court No. 19–00212,
Slip Op. 21–90 (CIT July 21, 2021).
5 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
6 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
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Liquidation of Suspended Entries
Commerce will instruct U.S. Customs
and Border Protection (CBP) that,
pending any appeals, the cash deposit
rate will be zero percent for the inquiry
merchandise. In the event that the CIT’s
final judgment is not appealed or is
upheld on appeal, Commerce will
instruct CBP to liquidate any
unliquidated entries of inquiry
merchandise entered for consumption
on or after September 18, 2018, without
regard to antidumping and
countervailing duties and to lift
suspension of liquidation of such
entries.
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that were entered, or withdrawn
from warehouse, for consumption
during the period September 18, 2018,
through December 31, 2020, for the
following:
(1) Imported by MJB Wood Group,
Inc. (also known as MJB Wood Group,
LLC) and:
• Exported and produced by Lian
Yungang Hong Yang Wood Industry Co.
Ltd.;
• exported by Suqian Yaorun Trade
Co., Ltd. and produced by Pizhou
Jiangshan Wood Co., Ltd.;
• exported and produced by Foothill
LVL and Plywood (Linyi) Co., Ltd.;
• exported by China Link
International (Huai’an) Co., Ltd. and
produced by Lianyungang Ruixiang
Wood Industry Co., Ltd.; or
• exported and produced by Linyi
Welling Wood Industry Hi-Tech. Co.,
Ltd.;
(2) imported by Taraca Pacific, Inc.
and:
• exported by Linyi Chengen Import
and Export Co., Ltd. and produced by
Linyi Dongfangjuxin Wood Co., Ltd.;
• exported by Lianyungang Yuantai
International Trade Co., LTD. and
produced by Linyi City Lanshan District
Fuerda Wood Factory;
• exported and produced by Linyi
Linhai Wood Co., Ltd.;
• exported and produced by Linyi
Glary Plywood Co., Ltd.; or
• exported by Shandong Qishan
International Trading Co., Ltd. and
produced by Linyi Tuopu Zhixin
Wooden Industry Co., Ltd.;
(3) produced and/or exported by
Xuzhou Shelter Import & Export Co. and
Shandong Shelter Forest Products Co.,
Ltd.
These entries will remain enjoined
pursuant to the terms of the injunction
during the pendency of any appeals
process.
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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
Dated: July 22, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–16081 Filed 8–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–858]
Certain Softwood Lumber Products
From Canada: Notice of Final Results
of Countervailing Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 25, 2021, the
Department of Commerce (Commerce)
published the initiation and preliminary
results of a changed circumstances
review (CCR) of the countervailing duty
(CVD) order on certain softwood lumber
products (softwood lumber) from
Canada. For these final results,
Commerce continues to find that
Chaleur Forest Products LP (CFP LP)
and Chaleur Forest Products Inc. (CFP
Inc.) are the successors-in-interest (SIIs)
to Chaleur Sawmills LP (Chaleur LP)
and Fornebu Lumber Co. Inc. (Fornebu
Inc.), respectively, in the context of the
CVD order on softwood lumber from
Canada.
DATES: Applicable August 6, 2021.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4793.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On March 11, 2021, CFP LP and CFP
Inc. (collectively, the Chaleur
Companies) requested that, pursuant to
section 751(b) of the Tariff Act of 1930,
as amended (the Act), 19 CFR 351.216,
and 19 CFR 351.221(c)(3), Commerce
conduct a CCR of the Order 1 to confirm
that CFP LP and CFP Inc. are the SIIs
to Chaleur LP and Fornebu Inc.,
respectively, and accordingly, to assign
1 See Certain Softwood Lumber Products from
Canada: Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order,
83 FR 347 (January 3, 2018) (Order).
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Jkt 253001
them the cash deposit rates of Chaleur
LP and Fornebu Inc.2 In their
submission, the Chaleur Companies
state that Chaleur LP and Fornebu Inc.
undertook name changes to CFP LP and
CFP Inc., respectively, but are otherwise
unchanged.3
On June 25, 2021, Commerce initiated
a CCR and preliminarily determined
that CFP LP and CFP Inc. are the SIIs
to Chaleur LP and Fornebu Inc.,
respectively.4 In the Initiation and
Preliminary Results CCR, we provided
all interested parties with an
opportunity to comment on the results.
However, we received no comments.
Scope of the Order
The merchandise subject to the Order
is certain softwood lumber products.5
The products are currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers: 4406.11.0000;
4406.91.0000; 4407.10.01.01;
4407.10.01.02; 4407.10.01.15;
4407.10.01.16; 4407.10.01.17;
4407.10.01.18; 4407.10.01.19;
4407.10.01.20; 4407.10.01.42;
4407.10.01.43; 4407.10.01.44;
4407.10.01.45; 4407.10.01.46;
4407.10.01.47; 4407.10.01.48;
4407.10.01.49; 4407.10.01.52;
4407.10.01.53; 4407.10.01.54;
4407.10.01.55; 4407.10.01.56;
4407.10.01.57; 4407.10.01.58;
4407.10.01.59; 4407.10.01.64;
4407.10.01.65; 4407.10.01.66;
4407.10.01.67; 4407.10.01.68;
4407.10.01.69; 4407.10.01.74;
4407.10.01.75; 4407.10.01.76;
4407.10.01.77; 4407.10.01.82;
4407.10.01.83; 4407.10.01.92;
4407.10.01.93; 4407.11.00.01;
4407.11.00.02; 4407.11.00.42;
4407.11.00.43; 4407.11.00.44;
4407.11.00.45; 4407.11.00.46;
4407.11.00.47; 4407.11.00.48;
4407.11.00.49; 4407.11.00.52;
4407.11.00.53; 4407.12.00.01;
4407.12.00.02; 4407.12.00.17;
4407.12.00.18; 4407.12.00.19;
4407.12.00.20; 4407.12.00.58;
4407.12.00.59; 4407.19.05.00;
4407.19.06.00; 4407.19.10.01;
4407.19.10.02; 4407.19.10.54;
2 See Chaleur Companies’ Letter, ‘‘Certain
Softwood Lumber Products from Canada: Chaleur’s
Request for Changed Circumstances Reviews,’’
dated March 11, 2021 (CCR Request).
3 Id. at 2–3.
4 See Certain Softwood Lumber Products from
Canada: Notice of Initiation and Preliminarily
Results of Countervailing Duty Changed
Circumstances Review, 86 FR 33660 (June 25, 2021)
(Initiation and Preliminary Results CCR).
5 For a complete description of the Order, see
Memorandum, ‘‘Initiation and Preliminary Results
of Changed Circumstances Review: Preliminary
Decision Memorandum,’’ dated June 14, 2021.
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43189
4407.19.10.55; 4407.19.10.56;
4407.19.10.57; 4407.19.10.64;
4407.19.10.65; 4407.19.10.66;
4407.19.10.67; 4407.19.10.68;
4407.19.10.69; 4407.19.10.74;
4407.19.10.75; 4407.19.10.76;
4407.19.10.77; 4407.19.10.82;
4407.19.10.83; 4407.19.10.92;
4407.19.10.93; 4409.10.05.00;
4409.10.10.20; 4409.10.10.40;
4409.10.10.60; 4409.10.10.80;
4409.10.20.00; 4409.10.90.20;
4409.10.90.40; 4418.50.0010;
4418.50.0030; 4418.50.0050 and
4418.99.10.00. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
product description remains dispositive.
Final Results of CCR
For the reasons stated in the Initiation
and Preliminary Results CCR,
Commerce continues to find that CFP
LP and CFP Inc. are the SIIs to Chaleur
LP and Fornebu Inc., respectively. As a
result of this determination and
consistent with established practice, we
find that CFP LP and CFP Inc. should
receive the cash deposit rates previously
assigned to Chaleur LP and Fornebu
Inc., respectively. Consequently,
Commerce will instruct U.S. Customs
and Border Protection to suspend
liquidation of all shipments of subject
merchandise produced and/or exported
by CFP LP and CFP Inc. and entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of this notice in the Federal
Register at the cash deposit rate in effect
for Chaleur LP and Fornebu Inc.,
respectively. This cash deposit
requirement shall remain in effect until
further notice.
Notification to Interested Parties
We are issuing this determination and
publishing these final results and notice
in accordance with sections 751(b)(1)
and 777(i)(1) and (2) of the Act, and 19
CFR 351.216(e), 351.221(b), and
351.221(c)(3).
Dated: August 2, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
[FR Doc. 2021–16839 Filed 8–5–21; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43187-43189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16081]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051, C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Notice of Court Decision Not in Harmony With Final Circumvention
Determination and Notice of Amended Final Circumvention Determination
Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 21, 2021, the U.S. Court of International Trade (CIT)
issued its final judgment in Shelter Forest International Acquisition
Inc., et al. v. United States, Consol. Court no. 19-00212, sustaining
the Department of Commerce (Commerce)'s first remand redetermination
pertaining to the anti-circumvention determination for the antidumping
and countervailing duty orders on certain hardwood plywood products
(plywood) from the People's Republic of China. In the underlying
inquiry, Commerce originally found that plywood with face and back
veneers of radiata and/or agathis pine that: (1) Has a Toxic Substances
Control Act (TSCA) or California Air Resources Board (CARB) label
certifying that it is compliant with TSCA/CARB requirements; and (2) is
made with a resin, the majority of which is comprised of one or more of
the following three product types--urea formaldehyde, polyvinyl
acetate, and/or soy (inquiry merchandise) was circumventing the orders,
and was, therefore, included in the scope of the orders. Commerce is
notifying the
[[Page 43188]]
public that the CIT's final judgment is not in harmony with Commerce's
original anti-circumvention determination, and that Commerce is
amending the anti-circumvention determination to find that inquiry
merchandise is not circumventing the orders, and, therefore, is not
included in the scope of the orders.
DATES: Applicable July 31, 2021.
FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, 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) 482-1110.
Background
On November 29, 2019, Commerce found inquiry merchandise to be
circumventing the scope of the Orders, and that, therefore, such
merchandise should be included in the scope of those Orders.\1\ A
number of foreign producers/exporters and U.S. importers, including
Shelter Forest International Acquisition, Inc. (Shelter Forest) et al.,
IKEA Supply AG, Shanghai Futuwood Trading Co., Ltd. et al., and Taraca
Pacific, Inc. et al., appealed Commerce's Final Anti-Circumvention
Determination. On February 18, 2021, the CIT remanded the Final Anti-
Circumvention Determination to Commerce and directed that Commerce: (1)
Explain why it is reasonable to require evidence of the actual TSCA or
CARB label adhered to the product; (2) address a variety of evidentiary
issues related to the composition of the glue used to produce the
inquiry merchandise; and (3) accept, and consider, three submissions
which either contained a translation error, was received late in the
process, or contained new legal argument.\2\ Commerce complied with the
Court's remand and accepted the identified submissions.
---------------------------------------------------------------------------
\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);
and Certain Hardwood Plywood Products from the People's Republic of
China: Countervailing Duty Order, 82 FR 513 (January 4, 2018)
(collectively, Orders); see also Certain Hardwood Plywood Products
from the People's Republic of China: Affirmative Final Determination
of Circumvention of the Antidumping and Countervailing Duty Orders,
84 FR 65783 (November 29, 2019) (Final Anti-Circumvention
Determination).
\2\ See Shelter Forest International Acquisition Inc., et al. v.
United States, Consol. Court No. 19-00212, Slip Op. 21-19 (CIT
February 18, 2021) (Remand Opinion and Order). The CIT further ruled
that if, on remand, Commerce continues to reach an affirmative
determination, Commerce must reconsider or further explain the cash
deposit rates of the plaintiffs, amend the effective date of the
affirmative determination, and notify the International Trade
Commission of its determination.
---------------------------------------------------------------------------
In its final remand redetermination, issued on May 10, 2021,
Commerce found that additional information submitted pursuant to the
CIT's Remand Opinion and Order demonstrated that Shelter Forest sold
inquiry merchandise prior to December 8, 2016, and thus inquiry
merchandise was commercially available prior to the initiation of the
investigation (i.e., was not later-developed merchandise). Therefore,
on remand, Commerce determined inquiry merchandise was not
circumventing the Orders, and is not included in the scope of the
Orders.\3\ In light of this finding, Commerce found it unnecessary to
address the remaining directives by the CIT. The CIT sustained
Commerce's final redetermination.\4\
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\3\ See Final Results of Redetermination Pursuant to Court
Remand: Shelter Forest International Acquisition Inc., et al. v.
United States, Consol. Court No. 19-00212, Slip Op. 21-19 (CIT
February 18, 2021) dated May 10, 2021 at 31. The CIT made additional
findings, but Commerce was not required to address these other
findings because they became moot as a result of the Shelter Forest
determination.
\4\ See Shelter Forest International Acquisition Inc., et al. v.
United States, Consol. Court No. 19-00212, Slip Op. 21-90 (CIT July
21, 2021).
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Timken Notice
In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\
the Court of Appeals for the Federal Circuit held that, pursuant to
section 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's July 21,
2021, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Anti-Circumvention Determination. Thus,
this notice is published in fulfillment of the publication requirements
of Timken.
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\5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\6\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Anti-Circumvention Determinations
In accordance with the CIT's July 21, 2021, final judgment,
Commerce is amending its Final Anti-Circumvention Determination and
finds that inquiry merchandise is not circumventing the Orders, and
that the scope of the Orders does not include the products addressed in
the Final Anti-Circumvention Determination.
Liquidation of Suspended Entries
Commerce will instruct U.S. Customs and Border Protection (CBP)
that, pending any appeals, the cash deposit rate will be zero percent
for the inquiry merchandise. In the event that the CIT's final judgment
is not appealed or is upheld on appeal, Commerce will instruct CBP to
liquidate any unliquidated entries of inquiry merchandise entered for
consumption on or after September 18, 2018, without regard to
antidumping and countervailing duties and to lift suspension of
liquidation of such entries.
At this time, Commerce remains enjoined by CIT order from
liquidating entries that were entered, or withdrawn from warehouse, for
consumption during the period September 18, 2018, through December 31,
2020, for the following:
(1) Imported by MJB Wood Group, Inc. (also known as MJB Wood Group,
LLC) and:
Exported and produced by Lian Yungang Hong Yang Wood
Industry Co. Ltd.;
exported by Suqian Yaorun Trade Co., Ltd. and produced by
Pizhou Jiangshan Wood Co., Ltd.;
exported and produced by Foothill LVL and Plywood (Linyi)
Co., Ltd.;
exported by China Link International (Huai'an) Co., Ltd.
and produced by Lianyungang Ruixiang Wood Industry Co., Ltd.; or
exported and produced by Linyi Welling Wood Industry Hi-
Tech. Co., Ltd.;
(2) imported by Taraca Pacific, Inc. and:
exported by Linyi Chengen Import and Export Co., Ltd. and
produced by Linyi Dongfangjuxin Wood Co., Ltd.;
exported by Lianyungang Yuantai International Trade Co.,
LTD. and produced by Linyi City Lanshan District Fuerda Wood Factory;
exported and produced by Linyi Linhai Wood Co., Ltd.;
exported and produced by Linyi Glary Plywood Co., Ltd.; or
exported by Shandong Qishan International Trading Co.,
Ltd. and produced by Linyi Tuopu Zhixin Wooden Industry Co., Ltd.;
(3) produced and/or exported by Xuzhou Shelter Import & Export Co.
and Shandong Shelter Forest Products Co., Ltd.
These entries will remain enjoined pursuant to the terms of the
injunction during the pendency of any appeals process.
[[Page 43189]]
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: July 22, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-16081 Filed 8-5-21; 8:45 am]
BILLING CODE 3510-DS-P
