Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission of Administrative Review in Part, and Intent To Rescind in Part; 2021, 29084-29086 [2023-09571]
Download as PDF
<![CDATA[
29084
Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Notices
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping 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, and 19 CFR 351.221(b)(4).
Dated: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023–09569 Filed 5–4–23; 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:
Preliminary Results of Countervailing
Duty Administrative Review,
Rescission of Administrative Review in
Part, and Intent To Rescind in Part;
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of wooden
cabinets and vanities and components
thereof (wooden cabinets) from the
People’s Republic of China (China). The
period of review (POR) is January 1,
2021, through December 31, 2021.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable May 5, 2023.
FOR FURTHER INFORMATION CONTACT:
Konrad Ptaszynski or Michael Romani,
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) 482–6187 or
(202) 482–0198, respectively.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
18:07 May 04, 2023
Jkt 259001
SUPPLEMENTARY INFORMATION:
Background
On April 21, 2020, Commerce
published in the Federal Register the
countervailing duty (CVD) order on
wooden cabinets from China.1 On June
9, 2022, Commerce published the notice
of initiation of an administrative review
of the Order for the period January 1,
2021, through December 31, 2021.2 On
August 16, 2022, Commerce selected
The Ancientree Cabinet Co., Ltd.
(Ancientree), as the sole mandatory
respondent in this administrative
review. However, between August 30
and September 7, 2022, multiple
respondents timely withdrew their
requests for review, including
Ancientree.3 As a result, on September
26, 2022, Commerce selected Fujian
Dushi Wooden Industry Co. (Dushi) and
Jiangsu Sunwell Cabinetry Co., Ltd.
(Sunwell) as mandatory respondents in
this administrative review.4 On
December 16, 2022, Commerce
exercised its discretion to extend the
deadline for the preliminary results of
this review by 118 days, until April 28,
2023.5
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6 A list of topics
discussed in the Preliminary Decision
Memorandum is included as appendix I
to this notice. The Preliminary Decision
Memorandum is a public document and
1 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).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
35165, 35176 (June 9, 2022). Although we received
a request for review from Vivaldi Commercial, LLC
d/b/a Superior Granite and Marble by Vivaldi, and
Vivaldi Interiors, LLC (collectively, Vivaldi) with
respect to Grand Supremacy Sdn. Bhd. (Grand
Supremacy) a Malaysian producer and exporter of
wooden cabinets, we did not initiate an
administrative review of Grand Supremacy because
it is located in Malaysia not China, as in the Order.
See Vivaldi’s Letter, ‘‘Request for Administrative
Review,’’ dated May 1, 2022.
3 See Ancientree’s Letter, ‘‘Withdrawal of
Requests for Administrative Review,’’ dated August
30, 2022 (Ancientree Companies Withdrawal); see
also Senke Manufacturing Company’s Letter,
‘‘Withdrawal of Requests for 2021 Administrative
Review,’’ dated September 7, 2022 (Senke
Companies Withdrawal).
4 See Memorandum, ‘‘Second Respondent
Selection,’’ dated September 26, 2022
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of the Countervailing Duties
Administrative Review; 2021,’’ dated December 16,
2022.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Countervailing Duty Order on
Wooden Cabinets and Vanities and Components
Thereof from the People’s Republic of China; 2021,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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.
Scope of the Order
The product covered by the Order is
wooden cabinets from China. For a
complete description of the scope, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, Commerce
preliminarily finds that there is a
subsidy (i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific).7
In making these findings, Commerce
relied, in part, on facts available and,
because it finds that one or more
respondents, including the Government
of China, did not act to the best of their
ability to respond to Commerce’s
requests for information, it drew an
adverse inference where appropriate in
selecting from among the facts
otherwise available.8 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
timely-filed withdrawal of review
requests with respect to 12 companies,
pursuant to 19 CFR 351.213(d)(1).9
Because the withdrawal requests were
timely filed and no other parties
requested a review of these companies,
in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
7 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.
8 See sections 776(a) and (b) of the Act.
9 See Ancientree Companies Withdrawal; see also
Senke Companies Withdrawal.
E:\FR\FM\05MYN1.SGM
05MYN1
Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Notices
this review of the Order for the 12
companies listed in appendix II.10
Intent To Rescind Administrative
Review, in Part
It is Commerce’s practice to rescind
an administrative review of a
countervailing duty 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.11 Normally,
upon completion of an administrative
review, the suspended entries are
liquidated at the countervailing duty
assessment rate calculated for the
review period.12 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 calculated countervailing duty
assessment rate calculated for the
review period.13 According to the CBP
import data on the record, there are
seven companies, KM Cabinetry Co,
Ltd., Shanghai Zifeng International
Trading Co., Ltd, Sheen Lead
International Trading (Shanghai) Co.,
Ltd., Shouguang Fushi Wood Co., Ltd.,
Taishan Oversea Trading Company Ltd.,
Taizhou Overseas Int’l Ltd., Xiamen
Adler Cabinetry Co., Ltd., subject to this
review that did not have reviewable
29085
entries of subject merchandise during
the POR for which liquidation is
suspended. Accordingly, in the absence
of reviewable, suspended entries of
subject merchandise during the POR, we
intend to rescind this administrative
review with respect to these seven
companies, in accordance with 19 CFR
351.213(d)(3).
Preliminary Results of Administrative
Review
As a result of this administrative
review, we preliminarily find that the
following net countervailable subsidy
rates exist for the period January 1,
2021, through December 31, 2021:
Company
Subsidy rate
(percent ad
valorem)
Fujian Dushi Wooden Industry Co., Ltd ..............................................................................................................................................
Jiangsu Sunwell Cabinetry Co., Ltd ....................................................................................................................................................
14.60
7.47
Review-Specific Average Rate Applicable to the Following Companies 14
KM Cabinetry Co, Ltd ..........................................................................................................................................................................
Nantong Aershin Cabinet Co., Ltd ......................................................................................................................................................
Shanghai Zifeng International Trading Co., Ltd ..................................................................................................................................
Sheen Lead International Trading (Shanghai) Co. Ltd .......................................................................................................................
Shouguang Fushi Wood Co., Ltd ........................................................................................................................................................
Taishan Oversea Trading Company Ltd .............................................................................................................................................
Taizhou Overseas Int’l Ltd ...................................................................................................................................................................
Weifang Fuxing Wood Co., Ltd ...........................................................................................................................................................
Xiamen Adler Cabinetry Co., Ltd .........................................................................................................................................................
Yixing Pengjia Technology Co., Ltd ....................................................................................................................................................
Yixing Pengjia Cabinetry Co., Ltd .......................................................................................................................................................
Zaozhuang New Sharp Import & Export Trading Co., Ltd ..................................................................................................................
Zhoushan For-strong Wood Co., Ltd ...................................................................................................................................................
There are 13 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. The statute and
Commerce’s regulations do not directly
address the establishment of rates to be
applied to companies not selected for
individual examination where
Commerce limits its examination in an
administrative review pursuant to
section 777A(e)(2) of the Act. However,
Commerce normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides the basis for calculating the allothers rate in an investigation.
Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to
calculate an all-others rate equal to the
weighted average of the countervailable
subsidy rates established for exporters
and/or producers individually
examined, excluding any rates that are
zero, de minimis, or based entirely on
facts available. In this review, the
preliminary rates calculated for Dushi
and Sunwell were above de minimis
and not based entirely on facts
available. Therefore, we are applying to
the non-selected companies the average
of the net subsidy rates calculated for
Dushi and Sunwell, which we
calculated using the publicly-ranged
sales data submitted by Dushi and
Sunwell.15 This methodology to
establish the rate for the non-selected
companies uses section 705(c)(5)(A) of
the Act, which governs the calculation
of the ‘‘all-others’’ rate in an
investigation, as guidance. For further
information on the calculation of the
non-selected respondent rate, refer to
the section in the Preliminary Decision
Memorandum entitled ‘‘Non-Selected
Companies Under Review.’’
10 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); and Circular Welded
Carbon Quality Steel Pipe from the People’s
Republic of China: Rescission of Countervailing
Duty Administrative Review; 2017, 84 FR 14650
(April 11, 2019).
11 Id.
12 See 19 CFR 351.212(b)(2).
13 See 19 CFR 351.213(d)(3).
14 This rate is based on the rate for the
respondents that were selected for individual
review, excluding rates that are zero, de minimis,
or based entirely on facts available. See section
705(c)(5)(A) of the Act.
15 With two respondents under examination,
Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
Preliminary Rate for Non-Selected
Companies Under Review
lotter on DSK11XQN23PROD with NOTICES1
12.69
12.69
12.69
12.69
12.69
12.69
12.69
12.69
12.69
12.69
12.69
12.69
12.69
VerDate Sep<11>2014
18:07 May 04, 2023
Jkt 259001
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
E:\FR\FM\05MYN1.SGM
05MYN1
29086
Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Notices
Cash Deposit Requirements
Disclosure and Public Comment
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts calculated in the final results
of this review for 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. If the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required on shipments of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review. For all nonreviewed companies, CBP will continue
to collect cash deposits of estimated
countervailing duties at the all-others
rate (i.e., 41.17 percent) 16 or the most
recent company-specific rate applicable
to the company, as appropriate. These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
We will disclose the calculations
performed for these preliminary results
to parties in this proceeding within five
days after public announcement of the
preliminary results in accordance with
19 CFR 351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than seven days after the date for
filing case briefs.17 Parties who submit
case or rebuttal briefs 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.18
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information.19
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, filed electronically via
ACCESS. An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.20
Requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. If a
request for a hearing is made, we will
inform parties of the scheduled date and
time for the hearing.
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of the issues raised in case
briefs, within 120 days after the date of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h).
lotter on DSK11XQN23PROD with NOTICES1
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producers/
exporters shown above. Consistent with
section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final
results, Commerce shall determine, and
CBP shall assess, countervailing duties
on all appropriate entries covered by
this review. We intend to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. 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 with these
preliminary results, we 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
period July 13, 2020, through December
31, 2021, in accordance with 19 CFR
351.212(c)(l)(i).
16 See
Order, 85 FR at 19928.
VerDate Sep<11>2014
18:07 May 04, 2023
Jkt 259001
Notification to Interested Parties
These preliminary results and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213 and
351.221(b)(4).
17 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
19 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
41363 (July 10, 2020).
20 See 19 CFR 351.310(c).
18 See
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Dated: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Intent to Rescind Administrative Review,
In Part
VI. Partial Rescission of Administrative
Review
VII. Diversification of China’s Economy
VIII. Use of Facts Otherwise Available and
Application of Adverse Inferences
IX. Subsides Valuation
X. Interest Rate, Discount Rate, Input,
Electricity, and Land Benchmarks
XI. Analysis of Programs
XII. Recommendation
Appendix II
List of Companies for Which Requests for
Review Were Timely Withdrawn
1. Anhui Xinyuanda Cupboard Co., Ltd
2. Guangzhou Nuolande Import and Export
Co., Ltd.
3. Jiang Su Rongxin Wood Industry Co., Ltd
4. Jiang Su Rongxin Cabinets Ltd
5. Jiangsu Weisen Houseware Co., Ltd
6. Linyi Bomei Furniture Co., Ltd
7. Linyi Kaipu Furniture Co., Ltd.
8. Qufu Xinyu Furniture Co., Ltd.
9. Senke Manufacturing Company
10. Shandong Longsen Woods Co., Ltd.
11. The Ancientree Cabinet Co., Ltd.
12. Yichun Dongmeng Wood Co., Ltd
[FR Doc. 2023–09571 Filed 5–4–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–106]
Wooden Cabinet and Vanities and
Components Thereof From the
People’s Republic of China:
Preliminary Results, Preliminary
Determination of No Shipments, and
Partial Rescission of the Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain producers and
or/exporters made sales of wooden
cabinets and vanities and components
thereof (cabinets) at less than normal
value, and eight companies had no
shipments of subject merchandise
during the period of review (POR) April
AGENCY:
E:\FR\FM\05MYN1.SGM
05MYN1
]]>Agencies
[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29084-29086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09571]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-107]
Wooden Cabinets and Vanities and Components Thereof From the
People's Republic of China: Preliminary Results of Countervailing Duty
Administrative Review, Rescission of Administrative Review in Part, and
Intent To Rescind in Part; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of wooden cabinets and vanities and components
thereof (wooden cabinets) from the People's Republic of China (China).
The period of review (POR) is January 1, 2021, through December 31,
2021. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable May 5, 2023.
FOR FURTHER INFORMATION CONTACT: Konrad Ptaszynski or Michael Romani,
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) 482-6187 or (202)
482-0198, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 21, 2020, Commerce published in the Federal Register the
countervailing duty (CVD) order on wooden cabinets from China.\1\ On
June 9, 2022, Commerce published the notice of initiation of an
administrative review of the Order for the period January 1, 2021,
through December 31, 2021.\2\ On August 16, 2022, Commerce selected The
Ancientree Cabinet Co., Ltd. (Ancientree), as the sole mandatory
respondent in this administrative review. However, between August 30
and September 7, 2022, multiple respondents timely withdrew their
requests for review, including Ancientree.\3\ As a result, on September
26, 2022, Commerce selected Fujian Dushi Wooden Industry Co. (Dushi)
and Jiangsu Sunwell Cabinetry Co., Ltd. (Sunwell) as mandatory
respondents in this administrative review.\4\ On December 16, 2022,
Commerce exercised its discretion to extend the deadline for the
preliminary results of this review by 118 days, until April 28,
2023.\5\
---------------------------------------------------------------------------
\1\ 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165, 35176 (June 9, 2022). Although
we received a request for review from Vivaldi Commercial, LLC d/b/a
Superior Granite and Marble by Vivaldi, and Vivaldi Interiors, LLC
(collectively, Vivaldi) with respect to Grand Supremacy Sdn. Bhd.
(Grand Supremacy) a Malaysian producer and exporter of wooden
cabinets, we did not initiate an administrative review of Grand
Supremacy because it is located in Malaysia not China, as in the
Order. See Vivaldi's Letter, ``Request for Administrative Review,''
dated May 1, 2022.
\3\ See Ancientree's Letter, ``Withdrawal of Requests for
Administrative Review,'' dated August 30, 2022 (Ancientree Companies
Withdrawal); see also Senke Manufacturing Company's Letter,
``Withdrawal of Requests for 2021 Administrative Review,'' dated
September 7, 2022 (Senke Companies Withdrawal).
\4\ See Memorandum, ``Second Respondent Selection,'' dated
September 26, 2022
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the Countervailing Duties Administrative Review; 2021,''
dated December 16, 2022.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
included as appendix I to this notice. 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.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China; 2021,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is wooden cabinets from China. For
a complete description of the scope, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, Commerce
preliminarily finds that there is a subsidy (i.e., a government-
provided financial contribution that gives rise to a benefit to the
recipient, and that the subsidy is specific).\7\
---------------------------------------------------------------------------
\7\ 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.
---------------------------------------------------------------------------
In making these findings, Commerce relied, in part, on facts
available and, because it finds that one or more respondents, including
the Government of China, did not act to the best of their ability to
respond to Commerce's requests for information, it drew an adverse
inference where appropriate in selecting from among the facts otherwise
available.\8\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received timely-filed
withdrawal of review requests with respect to 12 companies, pursuant to
19 CFR 351.213(d)(1).\9\ Because the withdrawal requests were timely
filed and no other parties requested a review of these companies, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding
[[Page 29085]]
this review of the Order for the 12 companies listed in appendix
II.\10\
---------------------------------------------------------------------------
\9\ See Ancientree Companies Withdrawal; see also Senke
Companies Withdrawal.
\10\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); and
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
---------------------------------------------------------------------------
Intent To Rescind Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
countervailing duty 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.\11\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\12\ 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 calculated countervailing duty assessment rate calculated for the
review period.\13\ According to the CBP import data on the record,
there are seven companies, KM Cabinetry Co, Ltd., Shanghai Zifeng
International Trading Co., Ltd, Sheen Lead International Trading
(Shanghai) Co., Ltd., Shouguang Fushi Wood Co., Ltd., Taishan Oversea
Trading Company Ltd., Taizhou Overseas Int'l Ltd., Xiamen Adler
Cabinetry Co., Ltd., subject to this review that did not have
reviewable entries of subject merchandise during the POR for which
liquidation is suspended. Accordingly, in the absence of reviewable,
suspended entries of subject merchandise during the POR, we intend to
rescind this administrative review with respect to these seven
companies, in accordance with 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
\11\ Id.
\12\ See 19 CFR 351.212(b)(2).
\13\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
Preliminary Results of Administrative Review
As a result of this administrative review, we preliminarily find
that the following net countervailable subsidy rates exist for the
period January 1, 2021, through December 31, 2021:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Fujian Dushi Wooden Industry Co., Ltd.................. 14.60
Jiangsu Sunwell Cabinetry Co., Ltd..................... 7.47
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies \14\
------------------------------------------------------------------------
KM Cabinetry Co, Ltd................................... 12.69
Nantong Aershin Cabinet Co., Ltd....................... 12.69
Shanghai Zifeng International Trading Co., Ltd......... 12.69
Sheen Lead International Trading (Shanghai) Co. Ltd.... 12.69
Shouguang Fushi Wood Co., Ltd.......................... 12.69
Taishan Oversea Trading Company Ltd.................... 12.69
Taizhou Overseas Int'l Ltd............................. 12.69
Weifang Fuxing Wood Co., Ltd........................... 12.69
Xiamen Adler Cabinetry Co., Ltd........................ 12.69
Yixing Pengjia Technology Co., Ltd..................... 12.69
Yixing Pengjia Cabinetry Co., Ltd...................... 12.69
Zaozhuang New Sharp Import & Export Trading Co., Ltd... 12.69
Zhoushan For-strong Wood Co., Ltd...................... 12.69
------------------------------------------------------------------------
Preliminary Rate for Non-Selected Companies Under Review
---------------------------------------------------------------------------
\14\ This rate is based on the rate for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis, or based entirely on facts available. See section
705(c)(5)(A) of the Act.
---------------------------------------------------------------------------
There are 13 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. The statute and
Commerce's regulations do not directly address the establishment of
rates to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides the basis for calculating the all-others rate in an
investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal to the weighted average of
the countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely on facts available. In this review, the
preliminary rates calculated for Dushi and Sunwell were above de
minimis and not based entirely on facts available. Therefore, we are
applying to the non-selected companies the average of the net subsidy
rates calculated for Dushi and Sunwell, which we calculated using the
publicly-ranged sales data submitted by Dushi and Sunwell.\15\ This
methodology to establish the rate for the non-selected companies uses
section 705(c)(5)(A) of the Act, which governs the calculation of the
``all-others'' rate in an investigation, as guidance. For further
information on the calculation of the non-selected respondent rate,
refer to the section in the Preliminary Decision Memorandum entitled
``Non-Selected Companies Under Review.''
---------------------------------------------------------------------------
\15\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
---------------------------------------------------------------------------
[[Page 29086]]
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts calculated
in the final results of this review for 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. If the rate calculated in
the final results is zero or de minimis, no cash deposit will be
required on shipments of the subject merchandise entered or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this review. For all non-reviewed companies, CBP
will continue to collect cash deposits of estimated countervailing
duties at the all-others rate (i.e., 41.17 percent) \16\ or the most
recent company-specific rate applicable to the company, as appropriate.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
---------------------------------------------------------------------------
\16\ See Order, 85 FR at 19928.
---------------------------------------------------------------------------
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Consistent with section 751(a)(1) of the Act and
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce
shall determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. We intend to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. 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 with these
preliminary results, we 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 period July 13,
2020, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i).
Disclosure and Public Comment
We will disclose the calculations performed for these preliminary
results to parties in this proceeding within five days after public
announcement of the preliminary results in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs no later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the date for filing
case briefs.\17\ Parties who submit case or rebuttal briefs 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.\18\ Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information.\19\
---------------------------------------------------------------------------
\17\ See 19 CFR 351.309(d).
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
\19\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via ACCESS. An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the date of publication of this
notice.\20\ Requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. If a request for a hearing is made, we will
inform parties of the scheduled date and time for the hearing.
---------------------------------------------------------------------------
\20\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in case briefs, within 120 days after the date of
publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Intent to Rescind Administrative Review, In Part
VI. Partial Rescission of Administrative Review
VII. Diversification of China's Economy
VIII. Use of Facts Otherwise Available and Application of Adverse
Inferences
IX. Subsides Valuation
X. Interest Rate, Discount Rate, Input, Electricity, and Land
Benchmarks
XI. Analysis of Programs
XII. Recommendation
Appendix II
List of Companies for Which Requests for Review Were Timely Withdrawn
1. Anhui Xinyuanda Cupboard Co., Ltd
2. Guangzhou Nuolande Import and Export Co., Ltd.
3. Jiang Su Rongxin Wood Industry Co., Ltd
4. Jiang Su Rongxin Cabinets Ltd
5. Jiangsu Weisen Houseware Co., Ltd
6. Linyi Bomei Furniture Co., Ltd
7. Linyi Kaipu Furniture Co., Ltd.
8. Qufu Xinyu Furniture Co., Ltd.
9. Senke Manufacturing Company
10. Shandong Longsen Woods Co., Ltd.
11. The Ancientree Cabinet Co., Ltd.
12. Yichun Dongmeng Wood Co., Ltd
[FR Doc. 2023-09571 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-DS-P
