Certain Hardwood Plywood Products From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 13782-13783 [2023-04454]
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13782
Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Notices
Order would likely lead to a
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.5
Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Scope of the Order
The products covered by the Order
are LWR tubing of rectangular
(including square) cross-section, having
a wall thickness of less than 0.156 inch.
This merchandise is classified under
subheading 7306.61.5000 of the U.S.
Harmonized Tariff Schedule (HTSUS). It
was formerly classified under
subheading 7306.60.5000. The HTSUS
subheadings are provided for
convenience and customs purposes
only. The written description remains
dispositive.
BILLING CODE 3510–DS–P
[FR Doc. 2023–04449 Filed 3–3–23; 8:45 am]
Continuation of the Order
As a result of the determinations by
Commerce and the ITC that revocation
of the Order would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of the Order. U.S. Customs
and Border Protection will continue to
collect AD cash deposits at the rates in
effect at the time of entry for all imports
of subject merchandise.
The effective date of the continuation
of the Order will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to
initiate the next five-year (sunset)
review of the Order not later than 30
days prior to the fifth anniversary of the
effective date of continuation.
lotter on DSK11XQN23PROD with NOTICES1
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to the
administrative protective order (APO) of
their responsibility concerning the
return, destruction, or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
Notification to Interested Parties
This five-year sunset review and this
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act,
and 19 CFR 351.218(f)(4).
5 See Light-Walled Rectangular Pipe and Tube
from Taiwan, 88 FR 12698 (February 28, 2023); see
also Light-Walled Rectangular Pipe and Tube from
Taiwan: Investigation No. 731–TA–410 (Fifth
Review), USITC Pub. 5410 (February 2023).
VerDate Sep<11>2014
19:26 Mar 03, 2023
Jkt 259001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–052]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Final Results of the Expedited First
Sunset Review of the Countervailing
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
revocation of the countervailing duty
(CVD) order on certain hardwood
plywood products (hardwood plywood)
from the People’s Republic of China
(China) would be likely to lead to the
continuation or recurrence of
countervailable subsidies at the levels
indicated in the ‘‘Final Results of Sunset
Review’’ section of this notice.
DATES: Applicable March 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Kelsie Hohenberger, 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) 482–2517.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 4, 2018, Commerce
published in the Federal Register the
Order on hardwood plywood from
China.1 On December 1, 2022,
Commerce published the notice of
initiation of the first sunset review of
the Order, in accordance with section
751(c) of the Tariff Act of 1930, as
amended (the Act).2 On December 13,
2022, Commerce received a timely
notice of intent to participate from the
Coalition for Fair Trade in Hardwood
Plywood (Coalition), a domestic
interested party.3 The Coalition claimed
interested party status under section
1 See Certain Hardwood Plywood Products from
the People’s Republic of China: Countervailing Duty
Order, 83 FR 513 (January 4, 2018) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 87
FR 73757 (December 1, 2022).
3 See Coalition’s Letter, ‘‘Notice of Intent to
Participate in Sunset Review,’’ dated December 13,
2022.
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Fmt 4703
Sfmt 4703
771(9)(C) of the Act as a group of
domestic producers engaged in the
production of hardwood plywood in the
United States.
On January 3, 2023, Commerce
received a timely and adequate
substantive response from the
Coalition.4 We received no substantive
responses from any other interested
parties, including the Government of
China, nor was a hearing requested. On
January 25, 2023, Commerce notified
the U.S. International Trade
Commission that it did not receive an
adequate substantive response from
respondent interested parties.5 As a
result, pursuant to 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Commerce conducted an expedited
(120-day) sunset review of the Order.
Scope of the Order
The merchandise covered by the
Order is hardwood and decorative
plywood, and certain veneered panels.
For a complete description of the scope,
see the Issues and Decision
Memorandum.6
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the accompanying
Issues and Decision Memorandum,
which is hereby adopted by this notice.
The issues discussed in the Issues and
Decision Memorandum are the
likelihood of continuation or recurrence
of countervailable subsidies, the net
countervailable subsidy rates that are
likely to prevail, and the nature of the
subsidies. A list of the topics discussed
in the Issues and Decision
Memorandum is attached as an
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.
4 See Coalition’s Letter, ‘‘Substantive Response to
the Notice of Initiation,’’ dated January 3, 2023
(Coalition’s Substantive Response).
5 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on December 1, 2022,’’ dated January 25,
2023.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
First Sunset Review of the Countervailing Duty
Order on Certain Hardwood Plywood Products from
the People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
E:\FR\FM\06MRN1.SGM
06MRN1
Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Notices
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, Commerce determines
that revocation of the Order would be
likely to lead to the continuation or
recurrence of countervailable subsidies
at the rates listed below:
Subsidy rate
(percent
ad valorem)
Producer/exporter
Shandong Dongfang Bayley Wood
Co., Ltd 7 ..........................................
Linyi Sanfortune Wood Co., Ltd ..........
All Others ............................................
Non-cooperative Companies 8 .............
194.90
22.98
22.98
194.90
Administrative Protective Order (APO)
This notice also serves as the only
reminder to parties subject to an APO of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely
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
We are issuing and publishing these
results in accordance with sections
751(c), 752(b), and 777(i)(1) of the Act
and 19 CFR 351.218.
Dated: February 27, 2023.
Abdelali Elouaradia,
Deputy 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. History of Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Countervailable Subsidies
2. Net Countervailable Subsidy Rates that
Are Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023–04454 Filed 3–3–23; 8:45 am]
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 3510–DS–P
7 Commerce found that Shandong Dongfang
Bayley Wood Co., Ltd. is cross-owned with Linyi
Yinhe Panel Factory, a producer of subject
merchandise. Commerce also applied Shandong
Dongfang Bayley Wood Co., Ltd.’s rate to Linyi
Yinhe Panel Factory. See Order, 83 FR at 516.
8 Fifty-nine non-cooperative companies received
a subsidy rate based on facts available with an
adverse inference. See Countervailing Duty
Investigation of Certain Hardwood Plywood
Products from the People’s Republic of China: Final
Affirmative Determination, and Final Affirmative
Critical Circumstances Determination, in Part, 82
FR 53473, 53474 (November 16, 2017).
VerDate Sep<11>2014
19:26 Mar 03, 2023
Jkt 259001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC811]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Habitat Advisory Panel via webinar to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ). Recommendations from this
group will be brought to the full Council
for formal consideration and action, if
appropriate.
DATES: This meeting will be held on
Tuesday, March 21, at 9 a.m. Webinar
registration URL information: https://
attendee.gotowebinar.com/register/
1464733535707899991.
ADDRESSES: Council address: New
England Fishery Management Council,
50 Water Street, Mill 2, Newburyport,
MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Agenda
The Advisory Panel will discuss and
identify a preferred alternative for the
Atlantic Salmon Aquaculture
Framework. They will also review and
recommend revisions, if necessary, to
the draft goals and objectives for the
Northern Edge Habitat/Scallop
Management Framework. The Advisory
Panel will also discuss an Exempted
Fishing Permit request disapproved by
NOAA Fisheries within the Great South
Channel Habitat Management Area, as a
follow-up to prior Council review of the
final report for an earlier phase of the
work. Also on the agenda, staff will brief
the Advisory Panel on recent
coordination with BOEM and NOAA
related to offshore wind leasing in the
Gulf of Maine. Other business may be
discussed as necessary.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during these meetings. Action
will be restricted to those issues
specifically listed in this notice and any
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13783
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the date. This meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 1, 2023.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–04515 Filed 3–3–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC784]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Marine Site
Characterization Surveys in the New
York Bight
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an Incidental
Harassment Authorization (IHA) to
Bluepoint Wind, LLC (BPW) to
incidentally harass marine mammals
during marine site characterization
surveys in coastal waters off of New
York and New Jersey in the New York
Bight, specifically within the Bureau of
Ocean Energy Management (BOEM)
Commercial Lease of Submerged Lands
for Renewable Energy Development on
the Outer Continental Shelf (Lease) Area
OCS–A 0537 and associated export
cable route (ECR) area.
DATES: This Authorization is effective
from March 1, 2023 through February
29, 2024.
SUMMARY:
E:\FR\FM\06MRN1.SGM
06MRN1
Agencies
[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Notices]
[Pages 13782-13783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04454]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Final Results of the Expedited First Sunset Review of the
Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the countervailing duty (CVD) order on certain hardwood
plywood products (hardwood plywood) from the People's Republic of China
(China) would be likely to lead to the continuation or recurrence of
countervailable subsidies at the levels indicated in the ``Final
Results of Sunset Review'' section of this notice.
DATES: Applicable March 6, 2023.
FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, 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) 482-2517.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2018, Commerce published in the Federal Register the
Order on hardwood plywood from China.\1\ On December 1, 2022, Commerce
published the notice of initiation of the first sunset review of the
Order, in accordance with section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ On December 13, 2022, Commerce received a timely
notice of intent to participate from the Coalition for Fair Trade in
Hardwood Plywood (Coalition), a domestic interested party.\3\ The
Coalition claimed interested party status under section 771(9)(C) of
the Act as a group of domestic producers engaged in the production of
hardwood plywood in the United States.
---------------------------------------------------------------------------
\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Countervailing Duty Order, 83 FR 513 (January 4,
2018) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757
(December 1, 2022).
\3\ See Coalition's Letter, ``Notice of Intent to Participate in
Sunset Review,'' dated December 13, 2022.
---------------------------------------------------------------------------
On January 3, 2023, Commerce received a timely and adequate
substantive response from the Coalition.\4\ We received no substantive
responses from any other interested parties, including the Government
of China, nor was a hearing requested. On January 25, 2023, Commerce
notified the U.S. International Trade Commission that it did not
receive an adequate substantive response from respondent interested
parties.\5\ As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day)
sunset review of the Order.
---------------------------------------------------------------------------
\4\ See Coalition's Letter, ``Substantive Response to the Notice
of Initiation,'' dated January 3, 2023 (Coalition's Substantive
Response).
\5\ See Commerce's Letter, ``Sunset Reviews Initiated on
December 1, 2022,'' dated January 25, 2023.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is hardwood and decorative
plywood, and certain veneered panels. For a complete description of the
scope, see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Review of the
Countervailing Duty Order on Certain Hardwood Plywood Products from
the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in this sunset review are addressed in the
accompanying Issues and Decision Memorandum, which is hereby adopted by
this notice. The issues discussed in the Issues and Decision Memorandum
are the likelihood of continuation or recurrence of countervailable
subsidies, the net countervailable subsidy rates that are likely to
prevail, and the nature of the subsidies. A list of the topics
discussed in the Issues and Decision Memorandum is attached as an
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.
[[Page 13783]]
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Order would be likely to lead to the
continuation or recurrence of countervailable subsidies at the rates
listed below:
------------------------------------------------------------------------
Subsidy
rate
Producer/exporter (percent ad
valorem)
------------------------------------------------------------------------
Shandong Dongfang Bayley Wood Co., Ltd \7\................. 194.90
Linyi Sanfortune Wood Co., Ltd............................. 22.98
All Others................................................. 22.98
Non-cooperative Companies \8\.............................. 194.90
------------------------------------------------------------------------
Administrative Protective Order (APO)
---------------------------------------------------------------------------
\7\ Commerce found that Shandong Dongfang Bayley Wood Co., Ltd.
is cross-owned with Linyi Yinhe Panel Factory, a producer of subject
merchandise. Commerce also applied Shandong Dongfang Bayley Wood
Co., Ltd.'s rate to Linyi Yinhe Panel Factory. See Order, 83 FR at
516.
\8\ Fifty-nine non-cooperative companies received a subsidy rate
based on facts available with an adverse inference. See
Countervailing Duty Investigation of Certain Hardwood Plywood
Products from the People's Republic of China: Final Affirmative
Determination, and Final Affirmative Critical Circumstances
Determination, in Part, 82 FR 53473, 53474 (November 16, 2017).
---------------------------------------------------------------------------
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305. Timely 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
We are issuing and publishing these results in accordance with
sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.
Dated: February 27, 2023.
Abdelali Elouaradia,
Deputy 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. History of Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Countervailable
Subsidies
2. Net Countervailable Subsidy Rates that Are Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-04454 Filed 3-3-23; 8:45 am]
BILLING CODE 3510-DS-P