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]

Download as PDF 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. PO 00000 Frm 00006 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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
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