Wood Mouldings and Millwork Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Rescission in Part; 2020-2022, 14139-14143 [2023-04609]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14139-14143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04609]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-117]


Wood Mouldings and Millwork Products From the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review, Preliminary Determination of No Shipments, and Rescission in 
Part; 2020-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Fujian Yinfeng Imp & Exp Trading Co., Ltd./Fujian 
Province Youxi City Mangrove Wood Machining Co., Ltd. (Yinfeng/
Mangrove), and 29 non-individually examined exporters of wood mouldings 
and millwork products (WMMP) from the People's Republic of China 
(China) sold subject merchandise to the United States at prices below 
normal value (NV) during the period of review (POR), August 12, 2020, 
through January 31, 2022. Commerce also preliminarily determines that 
Fujian Jinquan Trade Co., Ltd./Baiyuan Wood Machining Co., Ltd. 
(Jinquan/Baiyuan) did not sell subject merchandise to the United States 
at prices below NV during the POR. We further preliminarily find that 
Fujian Shunchang Shengsheng

[[Page 14140]]

Wood Industry Limited Company (Shunchang Shengsheng), Xiamen Jinxi 
Building Material Co., Ltd. (Xiamen Jinxi), and Zhangzhou Green Wood 
Industry and Trade Co., Ltd. (Green Wood) had no shipments of subject 
merchandise during the POR and that Gaomi Hongtai Home Furniture Co., 
Ltd. is part of the China-wide entity. Additionally, we are rescinding 
this administrative review with respect to 33 companies because the 
requests for review of these companies were timely withdrawn. Finally, 
we preliminarily intend to rescind this administrative review with 
respect to three companies.

DATES: Applicable March 7, 2023.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Samantha Kinney, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1766 and (202) 482-2285, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This administrative review is being conducted in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). The 
review covers 73 companies, including mandatory respondents Jinquan/
Baiyuan and Yinfeng/Mangrove.\1\ For a complete description of the 
events that followed the initiation of this administrative review, see 
the Preliminary Decision Memorandum. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of 
topics discussed in the Preliminary Decision Memorandum is included as 
Appendix I to this notice.
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    \1\ We have determined that it is appropriate to treat 
affiliates Yinfeng and Mangrove, and affiliates Jinquan and Baiyan, 
as a single entity for purposes of this administrative review. For 
further discussion, see Memorandum, ``Wood Mouldings and Millwork 
Products from the People's Republic of China: Preliminary Results of 
Antidumping Administrative Review; 2020-2022,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order \2\
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    \2\ See Wood Mouldings and Millwork Products from the People's 
Republic of China: Amended Final Antidumping Duty Determination and 
Antidumping Duty Order, 86 FR 9486 (February 16, 2021) (Order).
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    The merchandise covered by the Order is wood mouldings and millwork 
products, which are primarily classifiable under subheadings 
4409.10.0500, 4409.10.1020, 4409.10.1040, 4409.10.1060, 4409.10.1080, 
4409.10.4010, 4409.10.4090, 4409.10.4500, 4409.10.5000, 4409.10.9020, 
4409.10.9040, 4409.22.0590, 4409.22.1000, 4409.22.4000, 4409.22.5000, 
4409.22.5020, 4409.22.5040, 4409.22.5060, 4409.22.5090, 4409.22.9000, 
4409.22.9020, 4409.22.9030, 4409.22.9045, 4409.22.9060, 4409.22.9090, 
4409.29.0665, 4409.29.1100, 4409.29.4100, 4409.29.5100, 4409.29.9100, 
4412.99.5115, 4412.99.9500, 4418.91.9095, and 4421.91.9780 of the of 
the Harmonized Tariff Schedule of the United States (HTSUS). WMMP may 
also enter under HTSUS numbers 4409.10.6000, 4409.10.6500, 
4409.22.6000, 4409.22.6500, 4409.29.6100, 4409.29.6600, 4412.41.0000, 
4412.42.0000, 4412.49.0000, 4412.91.5115, 4412.92.5215, 4412.99.9700, 
4418.20.4000, 4418.20.8030, 4418.20.8060, 4418.91.9195, 4418.99.9095, 
4418.99.9195, 4421.91.9880, 4421.99.9780, and 4421.99.9880. While the 
HTSUS subheading and ASTM specification are provided for convenience 
and for customs purposes, the written description of the subject 
merchandise is dispositive. For a complete description of the scope of 
the Order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated export prices 
in accordance with section 772 of the Act. Because China is a non-
market economy (NME) country within the meaning of section 771(18) of 
the Act, NV has been calculated in accordance with section 773(c) of 
the Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. On 
July 11, 2022, Sanming Lingtong Trading Co., Ltd. (Sanming) timely 
withdrew its request for review of itself and the petitioner timely 
withdrew its requests for review of 58 companies.\3\ Because no other 
parties requested a review of Sanming or 32 of the companies listed in 
the petitioner's withdrawal of review request, Commerce is rescinding 
the administrative review with respect to these companies.\4\ See the 
Preliminary Decision Memorandum for further discussion.
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    \3\ See Sanming's Letter, ``Withdrawal of Request for 
Administrative Review and Request for Extension of Time to File 
Request,'' dated July 11, 2022; see also Petitioner's Letter, 
``Withdrawal of Request for Administrative Review,'' dated July 11, 
2022.
    \4\ See Appendix III.
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Preliminary Intent To Rescind Administrative Review, in Part

    We preliminary determine that China Cornici Co., Ltd. (China 
Cornici) had no suspended entries of subject merchandise during the 
POR. Absent any evidence of a reviewable entry, pursuant to 19 CFR 
351.213(d)(3), we intend to rescind the administrative review of this 
company in the final results of review. We also intend to rescind this 
review with respect two companies, Aventra and TL Wood, because the 
record evidence indicates that they are U.S. resellers not eligible for 
review pursuant to 19 CFR 351.213(b)(1). For further information, see 
``Preliminary Intent to Rescind Administrative Review, in Part'' in the 
Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    Based on an analysis of information from U.S. Customs and Border 
Protection (CBP), no-shipment certifications and other record 
information, we preliminarily determine that Shunchang Shengsheng, 
Xiamen Jinxi, and Green Wood had no shipments of subject merchandise 
during the POR.\5\ Consistent with our practice in NME cases, we will 
not rescind the review with respect to these companies, but, rather, we 
intend to complete the review and issue appropriate instructions to CBP 
based on the final results of the review.\6\
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    \5\ See the Preliminary Decision Memorandum for further 
discussion.
    \6\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at 
51306 (August 28, 2014).

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[[Page 14141]]

Separate Rates

    Commerce preliminarily finds that, in addition to Yinfeng/Mangrove 
and Jinquan/Baiyuan, the information placed on the record by 29 
companies not individually examined in this review demonstrates that 
these companies are eligible for a separate rate.\7\ The statute and 
Commerce's regulations do not address what dumping margin to apply to 
respondents not selected for individual examination when Commerce 
limits its examination in an administrative review pursuant to section 
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) 
of the Act, which provides instructions for calculating the all-others 
rate in an investigation, for guidance when calculating the dumping 
margin for respondents that are not selected for individual examination 
in an administrative review. Section 735(c)(5)(A) of the Act states 
that the all-others rate should be calculated by averaging the 
weighted-average dumping margins calculated for individually-examined 
respondents, excluding dumping margins that are zero, de minimis, or 
based entirely on facts available. Because we calculated a preliminary 
dumping margin of zero for Jinquan/Baiyuan, and a preliminary dumping 
margin that is not zero, de minimis, or based entirely on facts 
available for Yinfeng/Mangrove, we assigned the separate rate 
recipients a dumping margin equal to Yinfeng/Mangrove's preliminary 
dumping margin consistent with Commerce's practice and section 
735(c)(5)(A) of the Act.
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    \7\ See Appendix II for a list of these companies.
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The China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\8\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests and Commerce initiates, or Commerce self-initiates, a review 
of the China-wide entity.\9\ Because no party requested a review of the 
China-wide entity and no review was initiated for this POR, the China-
wide entity is not under review and the China-wide entity's rate (i.e., 
220.87 percent) is not subject to change.\10\
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    \8\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \9\ Id.
    \10\ See Order, 86 FR 9488.
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    Commerce preliminarily finds that Gaomi Hongtai Home Furniture Co., 
Ltd. did not establish its eligibility for a separate rate because it 
failed to provide a separate rate application or a separate rate 
certification. As such, we preliminarily determine that this company is 
part of the China-wide entity.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Fujian Jinquan Trade Co., Ltd./Baiyuan Wood Machining               0.00
 Co., Ltd...............................................
Fuijian Yinfeng Imp & Exp Trading Co., Ltd./Fujian                  9.03
 Province Youxi City Mangrove Wood Machining Co., Ltd...
Non-Selected Companies Under Review Receiving a Separate            9.03
 Rate \11\..............................................
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Disclosure and Public Comment
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    \11\ See Appendix II.
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    Commerce intends to disclose the calculations performed for these 
preliminary results to the parties under administrative protective 
order within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).
    A schedule for the submission of case briefs and written comments 
will be provided to interested parties at a later date. Rebuttal 
briefs, limited to issues raised in case briefs, may be submitted no 
later than seven days after the deadline date for case briefs.\12\ 
Parties who submit a case brief or a rebuttal brief in this proceeding 
are encouraged to submit with each argument: (1) a statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect.'')).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) the party's 
name, address and telephone number; (2) the number of participants; (3) 
whether any participant is a foreign national; and (4) a list of issues 
parties intend to discuss. Issues raised in the hearing will be limited 
to those raised in the respective case and rebuttal briefs.\13\ If a 
request for a hearing is made, Commerce will announce the date and time 
of the hearing.
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    \13\ See 19 CFR 351.310(c).
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    Commerce intends to issue the final results of this administrative 
review, which will include the results of its analysis of issues raised 
in any briefs, within 120 days of the date of publication of these 
preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 
CFR 351.213(h), unless this deadline is extended.

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon for its final results.

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review. 
Upon issuance of the final results, Commerce will determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\14\ Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the date of publication of the final 
results of this

[[Page 14142]]

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).
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    \14\ See 19 CFR 351.212(b)(1).
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    If a mandatory respondent's ad valorem weighted-average dumping 
margin is not zero or de minimis (i.e., less than 0.50 percent) in the 
final results of this review, Commerce will calculate importer-specific 
assessment rates for that respondent, in accordance with 19 CFR 
351.212(b)(1).\15\ Because both respondents did not report entered 
value, we will calculate importer-specific per-unit duty assessment 
rates based on the ratio of the total amount of antidumping duties 
calculated for the examined sales to the total quantity of those 
sales.\16\ To determine whether an importer-specific, per-unit 
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2), 
we also will calculate an importer-specific ad valorem ratio based on 
estimated entered values.
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    \15\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \16\ We received comments concerning entered value from U.S. 
importers. We have issued supplemental questionnaires and the 
responses are not due until after the preliminary results. 
Therefore, we will take these comments and the responses to these 
questionnaires into consideration for the final results.
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    If, in the final results, a mandatory respondent's weighted-average 
dumping margin is zero or de minimis (i.e., less than 0.5 percent), 
Commerce will instruct CBP to liquidate the appropriate entries for 
that respondent without regard to antidumping duties.\17\ For entries 
that were not reported in the U.S. sales databases submitted by each 
mandatory respondent during this review, and for the companies that do 
not qualify for a separate rate, Commerce will instruct CBP to 
liquidate such entries at the China-wide rate (i.e., 220.87 
percent).\18\ For the respondents that were not selected for individual 
examination in this administrative review but qualified for a separate 
rate, the assessment rate will be equal to the weighted-average dumping 
margin determined in the final results of this review. Additionally, if 
Commerce continues to find in the final results that Shunchang 
Shengsheng, Xiamen Jinxi, and Green Wood had no shipments of the 
subject merchandise, any suspended entries of subject merchandise 
associated with those companies will be liquidated at the China-wide 
rate.
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    \17\ See 19 CFR 351.106(c)(2).
    \18\ See Order.
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    For the companies for which we have rescinded this review, Commerce 
intends to instruct CBP to assess antidumping duties on all appropriate 
entries at a rate equal to the cash deposit rate of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption in accordance with 19 CFR 351.212(c)(1)(i). 
Commerce intends to issue assessment instructions to CBP for the 
rescinded companies no earlier than 35 days after the date of 
publication of the preliminary results in the Federal Register.
    If Commerce rescinds this review with respect to Aventra, TL Wood, 
and China Cornici in the final results, we intend to instruct CBP to 
assess antidumping duties on all appropriate entries at a rate equal to 
the cash deposit rate of estimated antidumping duties required at the 
time of entry, or withdrawal from warehouse, for consumption in 
accordance with 19 CFR 351.212(c)(1)(i). We will issue such 
instructions to CBP no earlier than 35 days after the date of 
publication of the final results in the Federal Register.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) for companies listed 
above that have established their eligibility for a separate rate, the 
cash deposit rate will be equal to the weighted-average dumping margin 
established in the final results of this review (except, if the rate is 
de minimis, then the cash deposit rate will be zero); (2) for 
previously examined Chinese and non-Chinese exporters not listed above 
that received a separate rate in a prior completed segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific cash deposit rate; (3) for all Chinese exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be the rate for the China-
wide entity (i.e., 220.87 percent); and (4) for all non-Chinese 
exporters of subject merchandise which have not received their own 
separate rate, the cash deposit rate will be the rate applicable to the 
Chinese exporter that supplied that non-Chinese exporter. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

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 and/or countervailing duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213(d)(4), and 19 CFR 351.221(b)(4).

    Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Partial Rescission of Review
VII. Single Entity Determinations
VIII. Preliminary Determination of No Shipments
IX. Discussion of the Methodology
X. Recommendation

Appendix II--Non-Selected Companies Under Review Receiving a Separate 
Rate

1. Anji Huaxin Bamboo & Wood Products Co., Ltd.
2. Baixing Import and Export Trading Co., Ltd Youxi Fujian
3. Bel Trade Wood Industrial Co., Ltd Youxi Fujian
4. Fotiou Frames Limited
5. Fujian Hongjia Craft Products Co., Ltd.
6. Fujian Sanming City Donglai Wood Co., Ltd
7. Fujian Wangbin Decorative Material Co., Ltd
8. Fujian Youxi Best Arts & Crafts Co. Ltd
9. Fujian Zhangping Kimura Forestry Products Co., Ltd.
10. Homebuild Industries Co., Ltd.
11. Jiangsu Chen Sheng Forestry Development Co., Ltd./Jiangsu Space 
Axis Wood Technology Co., Ltd
12. Jiangsu Wenfeng Wood Co., Ltd.
13. Jim Fine Wooden Products Co., Ltd.
14. Longquan Jiefeng Trade Co., Ltd.
15. Nanping Huatai Wood & Bamboo Co., Ltd

[[Page 14143]]

16. Omni One, Co., Limited
17. Putian Yihong Wood Industry Co., Ltd.
18. Raoping HongRong Handicrafts, Co., Ltd.
19. Shandong Miting Household Co., Ltd.
20. Shaxian Hengtong Wood Industry Co., Ltd
21. Shaxian Shiyiwood, Ltd
22. Shenzhen Xinjintai Industrial Co., Ltd.
23. Shuyang Kevin International Co., Ltd
24. Sun Valley Shade Co., Ltd.
25. Suqian Sulu Import & Export Trading Co., Ltd
26. Tim Feng Manufacturing Co., Ltd.
27. Wuxi Boda Bamboo & Wood Industrial Co., Ltd.
28. Zhangzhou Wangjiamei Industry & Trade Co., Ltd.
29. Zhangzhou Yihong Industrial Co., Ltd.

Appendix III--Companies for Which the Review Is Rescinded

1. Anji Golden Elephant Bamboo Wooden Industry Co., Ltd
2. Cao County Hengda Wood Products Co., Ltd
3. Evermark (Yantai) Co., Ltd
4. Fujian Nanping Yuanqiao Wood Industry Co., Ltd
5. Fujian Province Youxi County Chang Sheng Wood Machining Co., Ltd
6. Fujian Ruisen International Industrial Co., Ltd
7. Heze Huasheng Wooden Co., Ltd
8. Huaan Longda Wood Industry Co., Ltd
9. Lanzhou Xinyoulian Industrial Co., Ltd
10. Lianyungang Tianke New Energy Technology Co., Ltd
11. Nanping Qiangmei Import & Export Co., Ltd
12. Oppein Home Group Inc
13. Pucheng County Qiangmei Wood Company, Ltd
14. Qimen Jianxing Bamboo and Wood Goods Co., Ltd
15. Qingdao Sanhe Dacheng International Trade Co., Ltd
16. Rizhao Duli Trade Co., Ltd
17. Rizhao Forest International Trading Co., Ltd.
18. Rizhao Guantong Woodworking Co., Ltd
19. Rizhao Jiayue Industry & Trading Co., Ltd
20. Sanming Lingtong Trading Co., Ltd/Sanming Lintong Trading Co., 
Ltd
21. Sanming Shitong Wood Industry Co., Ltd
22. Shandong Jicheng Decorative Material Co., Ltd
23. Shouguang Luli Wood Industry Co., Ltd.
24. Shuyang Zhongding Decoration Materials Co., Ltd
25. The Ancientree Cabinet Co., Ltd
26. Xiamen Oubai Industry & Trade Co., Ltd
27. Xuzhou Goodwill Resource Co., Ltd
28. Xuzhou Hexi Wood Co., Ltd
29. Yongan Tenlong Bamboo & Wood Products Co., Ltd
30. Zhangping San Chuan Industrial & Trade Co., Ltd
31. Zhangzhou Fukangyuan Industry and Trade Co., Ltd
32. Zhangzhou City Jinxi Building Material Co., Ltd
33. Zhejiang Senya Board Industry Co., Ltd

[FR Doc. 2023-04609 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P