Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2019-2020, 51967-51969 [2022-18250]
Download as PDF
Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / Notices
Dated: August 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
see the Issues and Decision
Memorandum.2
Scope of the Order 3
The product covered by the Order is
cabinets from China. A full description
of the scope of the Order is contained
in the Issues and Decision
Memorandum.
[FR Doc. 2022–18210 Filed 8–23–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–107]
Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China: Final
Results and Partial Rescission of
Countervailing Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to the producers and exporters
subject to the administrative review of
wooden cabinets and vanities and
components thereof (cabinets) from the
People’s Republic of China (China)
during the period of review (POR)
August 12, 2019, through December 31,
2020. Commerce is also rescinding the
review with respect to four companies
that had no reviewable entries during
the POR.
DATES: Applicable August 24, 2022.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0410.
SUPPLEMENTARY INFORMATION:
AGENCY:
jspears on DSK121TN23PROD with NOTICES
Background
Commerce published the Preliminary
Results of this administrative review in
the Federal Register on May 6, 2022,
and invited interested parties to
comment.1 On June 6, 2022, we received
timely case briefs from the American
Kitchen Cabinet Alliance (the
petitioner) and Dalian Hualing Wood
Co., Ltd. (Hualing). On June 13, 2022,
we received timely rebuttal briefs from
the petitioner and from Hualing. For a
complete description of the events that
occurred since the Preliminary Results,
1 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Preliminary Results of Countervailing Duty
Administrative Review, Rescission and Intent To
Rescind Administrative Review, in Part; 2019–2020,
87 FR 27099 (May 6, 2022) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum (PDM).
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19:09 Aug 23, 2022
Jkt 256001
Analysis of Comments Received
All issues raised by interested parties
in briefs are addressed in the Issues and
Decision Memorandum accompanying
this notice. A list of the issues raised by
interested parties and to which
Commerce responded in the Issues and
Decision Memorandum is provided in
the Appendix to this notice. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on comments in case and
rebuttal briefs and record evidence,
Commerce made certain changes from
the Preliminary Results with regard to
the calculation of Hualing’s program
rates. As a result of the changes to
Hualing’s program rates, the final rate
for Jiangsu Xiangsheng Bedtime
Furniture Co., Ltd., and Senke
Manufacturing Company (i.e., the nonselected respondents) and the final total
adverse facts available (AFA) rates for
Nantong Aershin Cabinet Co., Ltd. (i.e.,
the non-cooperative mandatory
respondent) also changed. These
changes are explained in the Issues and
Decision Memorandum.
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each subsidy program found to be
countervailable, Commerce finds that
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of
Wooden Cabinets and Vanities and Components
Thereof from the People’s Republic of China; 2019–
2020,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Countervailing Duty Order, 85 FR 22134
(April 21, 2020) (Order).
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51967
there is a subsidy, i.e., a financial
contribution from a government or
public entity that gives rise to a benefit
to the recipient, and that the subsidy is
specific.4 For a full description of the
methodology underlying all of
Commerce’s conclusions, including any
determination that relied upon the use
of AFA pursuant to section 776(a) and
(b) of the Act, see the Issues and
Decision Memorandum.
Rescission of Administrative Review, in
Part
It is Commerce’s practice to rescind
an administrative review of a CVD
order, pursuant to 19 CFR 351.213(d)(3),
when there are no reviewable entries of
subject merchandise during the POR for
which liquidation is suspended.5
Normally, upon completion of an
administrative review, the suspended
entries are liquidated at the CVD
assessment rate calculated for the
review period.6 Therefore, for an
administrative review of a company to
be conducted, there must be a
reviewable, suspended entry that
Commerce can instruct U.S. Customs
and Border Protection (CBP) to liquidate
at the CVD assessment rate calculated
for the review period.7
As noted in the Preliminary Results,
according to the CBP import data, the
following four companies subject to this
review did not have reviewable entries
of subject merchandise during the POR
for which liquidation is suspended: (1)
Guangzhou Nuolande Import and
Export Co., Ltd.; (2) Linyi Kaipu
Furniture Co., Ltd.; (3) Shandong
Longsen Woods Co., Ltd.; and (4)
Zhoushan For-strong Wood Co., Ltd.
Accordingly, in the Preliminary Results,
Commerce stated its intention to rescind
the review with respect to these
companies in the final results. We
continue to find these companies had
no reviewable entries of subject
merchandise during the POR for which
liquidation is suspended. Because there
is no evidence on the record of this
segment of the proceeding to indicate
that these companies had entries,
exports, or sales of subject merchandise
to the United States during the POR, we
are rescinding this review with respect
to these companies, consistent with 19
CFR 351.213(d)(3).
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
5 Id.
6 See 19 CFR 351.212(b)(2).
7 See 19 CFR 351.213(d)(3).
E:\FR\FM\24AUN1.SGM
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51968
Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / Notices
Companies Not Selected for Individual
Review
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 705(c)(5) of
the Act, which provides instructions for
determining the all-others rate in an
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 705(c)(5)(A) of
basing the subsidy rate on the subsidy
rate calculated for Hualing, the only
mandatory respondent with a final
subsidy rate that is not zero, de minimis,
or based entirely on facts available.8
This methodology to establish the nonselected subsidy rate is consistent with
our practice with regard to the all-others
rate, pursuant to section 705(c)(5)(A)(i)
of the Act.
the Act, the all-others rate is normally
‘‘an amount equal to the weighted
average of the countervailable subsidy
rates established for exporters and
producers individually investigated,
excluding any zero or de minimis
countervailable subsidy rates, and any
rates determined entirely {on the basis
of facts available}.’’
There are two companies for which a
review was requested and not
rescinded, and which were not selected
as mandatory respondents or found to
be cross owned with a mandatory
respondent: (1) Jiangsu Xiangsheng
Bedtime Furniture Co., Ltd., and (2)
Senke Manufacturing Company. For
these non-selected companies, we are
Final Results of Administrative Review
In accordance with 19 CFR
351.221(b)(5), Commerce calculated the
following net countervailable subsidy
rates for the period August 12, 2019,
through December 31, 2020:
Subsidy Rate—2019
(percent ad valorem)
Company
Dalian Hualing Wood Co., Ltd .................................................................................................
Nantong Aershin Cabinet Co., Ltd 9 ........................................................................................
Subsidy Rate—2020
(percent ad valorem)
8.44
144.63
2.78
144.63
8.44
8.44
2.78
2.78
Review-Specific Average Rate Applicable to the Following Companies
Jiangsu Xiangsheng Bedtime Furniture Co., Ltd ....................................................................
Senke Manufacturing Company ..............................................................................................
jspears on DSK121TN23PROD with NOTICES
Disclosure
We intend to disclose the calculations
performed in connection with these
final results to parties in this proceeding
within five days after public
announcement of the final results or, if
there is no public announcement,
within five days of the date of
publication of the notice of final results
in the Federal Register, in accordance
with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(2),
Commerce will determine, CBP shall
assess, countervailing duties on all
appropriate entries of subject
merchandise covered by this review. We
intend to issue assessment instructions
to CBP 35 days after the date of
publication of these final results of
review. 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).
For the companies for which this
review is rescinded, Commerce will
instruct CBP to assess countervailing
duties on all appropriate entries at a rate
equal to the cash deposit of estimated
countervailing duties required at the
8 See
Issues and Decision Memorandum at 5.
company was selected as a mandatory
respondent but did not respond to Commerce’s
9 This
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21:37 Aug 23, 2022
Jkt 256001
time of entry, or withdrawal from
warehouse, for consumption, during the
POR in accordance with 19 CFR
351.212(c)(l)(i).
Cash Deposit Instructions
In accordance with section 751(a)(1)
of the Act, Commerce intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
respective companies listed above on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review. For all nonreviewed firms subject to the order, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, effective upon
publication of these final results, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
initial questionnaire. Accordingly, the rate for this
company was based on facts available with an
adverse inference pursuant to sections 776(a) and
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with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing
these final results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(5).
Dated: August 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Rescission of the Administrative Review,
In Part
VI. Non-Selected Companies Under Review
VII. Subsidies Valuation Information
VIII. Interest Rates, Discount Rates, and
Benchmarks
IX. Use of Facts Otherwise Available and
Application of Adverse Inferences
X. Analysis of Programs
XI. Analysis of Comments
(b) of the Act. For a detailed discussion, see
Preliminary Results PDM.
E:\FR\FM\24AUN1.SGM
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Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / Notices
Comment 1: Whether Commerce Should
Apply Adverse Facts Available (AFA) to
the Export Buyer’s Credit (EBC) Program
Comment 2: Whether Producers of Certain
Inputs Are Authorities
Comment 3: Whether the Provision of
Electricity Provided a Financial
Contribution and Is Specific
Comment 4: Whether Commerce Should
Apply AFA to ‘‘Other Subsidies’’
Comment 5: Whether Commerce Should
Adjust the Benchmark for Plywood
Comment 6: Whether Commerce Should
Adjust the Benchmark for Sawn Wood
and Shaped Wood
XII. Recommendation
[FR Doc. 2022–18250 Filed 8–23–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–825]
White Grape Juice Concentrate From
Argentina: Postponement of
Preliminary Determination in the LessThan-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable August 24, 2022.
FOR FURTHER INFORMATION CONTACT:
Jacob Saude or Myrna Lobo, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0981 or (202) 482–2371,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On April 20, 2022, the U.S.
Department of Commerce (Commerce)
initiated a less-than-fair-value (LTFV)
investigation of imports of white grape
juice concentrate (WGJC) from
Argentina.1 Currently, the preliminary
determination is due no later than
September 7, 2022.
jspears on DSK121TN23PROD with NOTICES
Postponement of Preliminary
Determination
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in an LTFV investigation
within 140 days after the date on which
Commerce initiated the investigation.
However, section 733(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
1 See White Grape Juice Concentrate from
Argentina: Initiation of Less-Than-Fair Value
Investigation, 87 FR 24934 (April 27, 2022).
VerDate Sep<11>2014
19:09 Aug 23, 2022
Jkt 256001
than 190 days after the date on which
Commerce initiated the investigation if:
(A) the petitioner makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On August 5, 2022, the petitioner 2
submitted a timely request that
Commerce postpone the preliminary
determination in this LTFV
investigation.3 The petitioner stated that
it requests postponement to ensure that
Commerce is able to sufficiently review
all questionnaire responses, issue
supplemental questionnaires, and
prepare an accurate preliminary
determination.4
For the reasons stated above and
because there are no compelling reasons
to deny the request, Commerce, in
accordance with section 733(c)(1)(A) of
the Act and 19 CFR 351.205(e), is
postponing the deadline for the
preliminary determination by 50 days
(i.e., 190 days after the date on which
this investigation was initiated). As a
result, Commerce will issue its
preliminary determination no later than
October 27, 2022. In accordance with
section 735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination, unless
postponed at a later date.
Notification to Interested Parties
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: August 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–18209 Filed 8–23–22; 8:45 am]
BILLING CODE 3510–DS–P
2 The petitioner is Delano Growers Grape
Products, LLC.
3 See Petitioner’s Letter, ‘‘Petition for the
Imposition of Antidumping: White Grape Juice
Concentrate from Argentina Petitioner’s Request for
Postponement of Preliminary Determination,’’ dated
August 5, 2022.
4 Id.
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51969
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC295]
Marine Mammals; File No. 26596
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Robin Baird, Ph.D., Cascadia Research
Collective, 2181⁄2 West Fourth Avenue,
Olympia, WA 98501, has applied in due
form for a permit to conduct research on
marine mammals.
DATES: Written, telefaxed, or email
comments must be received on or before
September 23, 2022.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 26596 from the list of
available applications. These documents
are also available upon written request
via email to NMFS.Pr1Comments@
noaa.gov.
Written comments on this application
should be submitted via email to
NMFS.Pr1Comments@noaa.gov. Please
include File No. 26596 in the subject
line of the email comment.
Those individuals requesting a public
hearing should submit a written request
via email to NMFS.Pr1Comments@
noaa.gov. The request should set forth
the specific reasons why a hearing on
this application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Shasta McClenahan, Ph.D. or Courtney
Smith, Ph.D., (301) 427–8401.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216), the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531
et seq.), the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226), and the Fur Seal
Act of 1966, as amended (16 U.S.C. 1151
et seq.).
The applicant requests a 5-year permit
to take marine mammals in the Pacific
Ocean to study population structure,
size, and range, movements, habitat use,
SUMMARY:
E:\FR\FM\24AUN1.SGM
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Agencies
[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Notices]
[Pages 51967-51969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18250]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-107]
Wooden Cabinets and Vanities and Components Thereof From the
People's Republic of China: Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to the producers and
exporters subject to the administrative review of wooden cabinets and
vanities and components thereof (cabinets) from the People's Republic
of China (China) during the period of review (POR) August 12, 2019,
through December 31, 2020. Commerce is also rescinding the review with
respect to four companies that had no reviewable entries during the
POR.
DATES: Applicable August 24, 2022.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0410.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on May 6, 2022, and invited interested
parties to comment.\1\ On June 6, 2022, we received timely case briefs
from the American Kitchen Cabinet Alliance (the petitioner) and Dalian
Hualing Wood Co., Ltd. (Hualing). On June 13, 2022, we received timely
rebuttal briefs from the petitioner and from Hualing. For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Preliminary Results of
Countervailing Duty Administrative Review, Rescission and Intent To
Rescind Administrative Review, in Part; 2019-2020, 87 FR 27099 (May
6, 2022) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Wooden Cabinets and Vanities and Components Thereof from the
People's Republic of China; 2019-2020,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 3
---------------------------------------------------------------------------
\3\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Countervailing Duty Order, 85 FR
22134 (April 21, 2020) (Order).
---------------------------------------------------------------------------
The product covered by the Order is cabinets from China. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum accompanying this notice. A list of
the issues raised by interested parties and to which Commerce responded
in the Issues and Decision Memorandum is provided in the Appendix to
this notice. The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on comments in case and rebuttal briefs and record evidence,
Commerce made certain changes from the Preliminary Results with regard
to the calculation of Hualing's program rates. As a result of the
changes to Hualing's program rates, the final rate for Jiangsu
Xiangsheng Bedtime Furniture Co., Ltd., and Senke Manufacturing Company
(i.e., the non-selected respondents) and the final total adverse facts
available (AFA) rates for Nantong Aershin Cabinet Co., Ltd. (i.e., the
non-cooperative mandatory respondent) also changed. These changes are
explained in the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each subsidy program found to be countervailable, Commerce finds
that there is a subsidy, i.e., a financial contribution from a
government or public entity that gives rise to a benefit to the
recipient, and that the subsidy is specific.\4\ For a full description
of the methodology underlying all of Commerce's conclusions, including
any determination that relied upon the use of AFA pursuant to section
776(a) and (b) of the Act, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Rescission of Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\5\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the CVD
assessment rate calculated for the review period.\6\ Therefore, for an
administrative review of a company to be conducted, there must be a
reviewable, suspended entry that Commerce can instruct U.S. Customs and
Border Protection (CBP) to liquidate at the CVD assessment rate
calculated for the review period.\7\
---------------------------------------------------------------------------
\5\ Id.
\6\ See 19 CFR 351.212(b)(2).
\7\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
As noted in the Preliminary Results, according to the CBP import
data, the following four companies subject to this review did not have
reviewable entries of subject merchandise during the POR for which
liquidation is suspended: (1) Guangzhou Nuolande Import and Export Co.,
Ltd.; (2) Linyi Kaipu Furniture Co., Ltd.; (3) Shandong Longsen Woods
Co., Ltd.; and (4) Zhoushan For-strong Wood Co., Ltd. Accordingly, in
the Preliminary Results, Commerce stated its intention to rescind the
review with respect to these companies in the final results. We
continue to find these companies had no reviewable entries of subject
merchandise during the POR for which liquidation is suspended. Because
there is no evidence on the record of this segment of the proceeding to
indicate that these companies had entries, exports, or sales of subject
merchandise to the United States during the POR, we are rescinding this
review with respect to these companies, consistent with 19 CFR
351.213(d)(3).
[[Page 51968]]
Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 705(c)(5) of the Act, which provides instructions for
determining the all-others rate in an investigation, for guidance when
calculating the rate for companies which were not selected for
individual examination in an administrative review. Under section
705(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero or de minimis countervailable subsidy rates, and any
rates determined entirely {on the basis of facts available{time} .''
There are two companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross owned with a mandatory respondent: (1) Jiangsu
Xiangsheng Bedtime Furniture Co., Ltd., and (2) Senke Manufacturing
Company. For these non-selected companies, we are basing the subsidy
rate on the subsidy rate calculated for Hualing, the only mandatory
respondent with a final subsidy rate that is not zero, de minimis, or
based entirely on facts available.\8\ This methodology to establish the
non-selected subsidy rate is consistent with our practice with regard
to the all-others rate, pursuant to section 705(c)(5)(A)(i) of the Act.
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum at 5.
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Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), Commerce calculated the
following net countervailable subsidy rates for the period August 12,
2019, through December 31, 2020:
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\9\ This company was selected as a mandatory respondent but did
not respond to Commerce's initial questionnaire. Accordingly, the
rate for this company was based on facts available with an adverse
inference pursuant to sections 776(a) and (b) of the Act. For a
detailed discussion, see Preliminary Results PDM.
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Subsidy Rate--2019 Subsidy Rate--2020
Company (percent ad valorem) (percent ad valorem)
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Dalian Hualing Wood Co., Ltd.................................. 8.44 2.78
Nantong Aershin Cabinet Co., Ltd \9\.......................... 144.63 144.63
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Review-Specific Average Rate Applicable to the Following Companies
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Jiangsu Xiangsheng Bedtime Furniture Co., Ltd................. 8.44 2.78
Senke Manufacturing Company................................... 8.44 2.78
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Disclosure
We intend to disclose the calculations performed in connection with
these final results to parties in this proceeding within five days
after public announcement of the final results or, if there is no
public announcement, within five days of the date of publication of the
notice of final results in the Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce will determine, CBP shall assess,
countervailing duties on all appropriate entries of subject merchandise
covered by this review. We intend to issue assessment instructions to
CBP 35 days after the date of publication of these final results of
review. 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).
For the companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the POR in accordance with 19 CFR 351.212(c)(l)(i).
Cash Deposit Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review. For all non-reviewed firms
subject to the order, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate.
These cash deposit requirements, effective upon publication of these
final results, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these final results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(5).
Dated: August 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Rescission of the Administrative Review, In Part
VI. Non-Selected Companies Under Review
VII. Subsidies Valuation Information
VIII. Interest Rates, Discount Rates, and Benchmarks
IX. Use of Facts Otherwise Available and Application of Adverse
Inferences
X. Analysis of Programs
XI. Analysis of Comments
[[Page 51969]]
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to the Export Buyer's Credit (EBC) Program
Comment 2: Whether Producers of Certain Inputs Are Authorities
Comment 3: Whether the Provision of Electricity Provided a
Financial Contribution and Is Specific
Comment 4: Whether Commerce Should Apply AFA to ``Other
Subsidies''
Comment 5: Whether Commerce Should Adjust the Benchmark for
Plywood
Comment 6: Whether Commerce Should Adjust the Benchmark for Sawn
Wood and Shaped Wood
XII. Recommendation
[FR Doc. 2022-18250 Filed 8-23-22; 8:45 am]
BILLING CODE 3510-DS-P