Certain Hardwood Plywood Products From the People's Republic of China: Continuation of the Antidumping and Countervailing Duty Orders, 37014-37017 [2023-12028]
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–864]
Pure Magnesium in Granular Form
From the People’s Republic of China:
Final Results of Expedited Fourth
Sunset Review of the Antidumping
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited
sunset review, the U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) order on pure magnesium in
granular form (pure granular
magnesium) from the People’s Republic
of China (China) would be likely to lead
to continuation or recurrence of
dumping at the levels indicated in the
‘‘Final Results of Review’’ section of this
notice.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Charles Doss, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4474.
SUPPLEMENTARY INFORMATION:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On February 1, 2023, Commerce
published the notice of initiation of the
sunset review of the AD order on pure
granular magnesium from China,1
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2 On
February 9, 2023, Commerce received a
notice of intent to participate from US
Magnesium LLC (US Magnesium), a
domestic interested party, within the
deadline specified in 19 CFR
351.218(d)(1)(i).3 US Magnesium
claimed domestic interested party status
under section 771(9)(C) of the Act, as a
manufacturer of domestic like product
in the United States.4 On February 21,
2023, US Magnesium submitted a timely
substantive response within the 30-day
deadline specified in 19 CFR
351.218(d)(3)(i).5 Commerce did not
receive a substantive response from any
1 See Antidumping Duty Order: Pure Magnesium
in Granular Form from the People’s Republic of
China, 66 FR 57936 (November 19, 2001) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 88
FR 6700 (February 1, 2023).
3 See US Magnesium’s Letter, ‘‘Notice of Intent to
Participate in Sunset Review,’’ dated February 9,
2023.
4 Id. at 2.
5 See US Magnesium’s Letter, ‘‘Domestic Industry
Substantive Response,’’ dated February 21, 2023.
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other interested parties with respect to
the Order covered by this sunset review,
nor was a hearing requested. On March
23, 2023, Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from respondent interested
parties.6 As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce is
conducting an expedited (120-day)
sunset review of the Order.
Scope of the Order
The product covered by the Order is
pure granular magnesium from China.
For a full description of the scope, see
the Issues and Decision Memorandum.7
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the Issues and Decision
Memorandum, including the likelihood
of continuation or recurrence of
dumping and the magnitude of the
margins of dumping likely to prevail if
the Order were revoked. A list of topics
discussed in the Issues and Decision
Memorandum is included 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. A complete version of
the Issues and Decision Memorandum
can be accessed directly at https://
access.trade.gov/public/FRNotices/
ListLayout.aspx. A list of the issues
discussed in the decision memorandum
is attached as an appendix to this
notice.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(c)
of the Act, Commerce determines that
revocation of the Order would be likely
to lead to continuation or recurrence of
dumping, and that the magnitude of the
dumping margins likely to prevail
would be weighted-average margins of
up to 305.56 percent.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
6 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on February 1, 2023,’’ dated March 23,
2023.
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Fourth
Expedited Sunset Review,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). 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
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act,
and 19 CFR 351.218(e)(1)(ii)(C)(2) and
19 CFR 351.221(c)(5)(ii).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins Likely to
Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023–12030 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–051, C–570–052]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Continuation of the Antidumping and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
in their five-year (sunset) reviews that
revocation of the antidumping duty
(AD) and countervailing duty (CVD)
orders on certain hardwood plywood
products (hardwood plywood) from the
People’s Republic of China (China)
would likely lead to the continuation or
recurrence of dumping and
countervailable subsidies, and material
injury to an industry in the United
States, Commerce is publishing a notice
of continuation of these AD and CVD
orders.
AGENCY:
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
DATES:
Applicable May 25, 2023.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, 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) 482–2593.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2018, Commerce
published the AD and CVD orders on
hardwood plywood from China.1 On
December 1, 2022, the ITC instituted,2
and Commerce initiated, the first sunset
reviews of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act).3 As a result of its
reviews, Commerce determined that
revocation of the Orders would likely
lead to the continuation or recurrence of
dumping and countervailable
subsidization, and, therefore, notified
the ITC of the magnitude of the margins
and subsidy rates likely to prevail
should the Orders be revoked.4
On May 25, 2023, the ITC published
its determination, pursuant to sections
751(c) and 752(a) of the Act, that
revocation of the Orders would likely
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.5
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Scope of the Orders
The merchandise covered by the
Orders is hardwood and decorative
plywood, and certain veneered panels
as described below. For purposes of this
proceeding, hardwood and decorative
plywood is defined as a generally flat,
multilayered plywood or other veneered
panel, consisting of two or more layers
or plies of wood veneers and a core,
with the face and/or back veneer made
1 See Certain Hardwood Plywood Products from
the People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 83 FR 504 (January
4, 2018); see also Certain Hardwood Plywood
Products from the People’s Republic of China:
Countervailing Duty Order, 83 FR 513 (January 4,
2018) (collectively, the Orders).
2 See Hardwood Plywood from China; Institution
of Five-Year Review, 87 FR 73792 (December 1,
2022).
3 See Initiation of Five-Year (Sunset) Reviews, 87
FR 73757 (December 1, 2022).
4 See Certain Hardwood Plywood Products from
the People’s Republic of China: Final Results of the
Expedited Sunset Review of the Antidumping Duty
Order, 88 FR 20121 (April 5, 2023), and
accompanying Issues and Decision Memorandum
(IDM); see also Certain Hardwood Plywood
Products from the People’s Republic of China: Final
Results of the Expedited First Sunset Review of the
Countervailing Duty Order, 88 FR 13782 (March 6,
2023), and accompanying IDM.
5 See Hardwood Plywood from China, 88 FR
33906 (May 25, 2023).
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of non-coniferous wood (hardwood) or
bamboo. The veneers, along with the
core may be glued or otherwise bonded
together. Hardwood and decorative
plywood may include products that
meet the American National Standard
for Hardwood and Decorative Plywood,
ANSI/HPVA HP–1–2016 (including any
revisions to that standard).
For purposes of the Orders, a
‘‘veneer’’ is a slice of wood regardless of
thickness which is cut, sliced or sawed
from a log, bolt, or flitch. The face and
back veneers are the outermost veneer of
wood on either side of the core
irrespective of additional surface
coatings or covers as described below.
The core of hardwood and decorative
plywood consists of the layer or layers
of one or more material(s) that are
situated between the face and back
veneers. The core may be composed of
a range of materials, including but not
limited to hardwood, softwood,
particleboard, or medium-density
fiberboard (MDF).
All hardwood plywood is included
within the scope of the Orders
regardless of whether or not the face
and/or back veneers are surface coated
or covered and whether or not such
surface coating(s) or covers obscures the
grain, textures, or markings of the wood.
Examples of surface coatings and covers
include, but are not limited to: ultra
violet light cured polyurethanes; oil or
oil-modified or water based
polyurethanes; wax; epoxy-ester
finishes; moisture-cured urethanes;
paints; stains; paper; aluminum; high
pressure laminate; MDF; medium
density overlay (MDO); and phenolic
film. Additionally, the face veneer of
hardwood plywood may be sanded;
smoothed or given a ‘‘distressed’’
appearance through such methods as
hand-scraping or wire brushing. All
hardwood plywood is included within
the scope even if it is trimmed, cut-tosize, notched, punched, drilled, or has
underwent other forms of minor
processing.
All hardwood and decorative
plywood is included within the scope of
the Orders, without regard to dimension
(overall thickness, thickness of face
veneer, thickness of back veneer,
thickness of core, thickness of inner
veneers, width, or length). However, the
most common panel sizes of hardwood
and decorative plywood are 1219 x 1829
mm (48 x 72 inches), 1219 x 2438 mm
(48 x 96 inches), and 1219 x 3048 mm
(48 x 120 inches).
Subject merchandise also includes
hardwood and decorative plywood that
has been further processed in a third
country, including but not limited to
trimming, cutting, notching, punching,
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37015
drilling, or any other processing that
would not otherwise remove the
merchandise from the scope of the
Orders if performed in the country of
manufacture of the in-scope product.
The scope of the Orders excludes the
following items: (1) structural plywood
(also known as ‘‘industrial plywood’’ or
‘‘industrial panels’’) that is
manufactured to meet U.S. Products
Standard PS 1–09, PS 2–09, or PS 2–10
for Structural Plywood (including any
revisions to that standard or any
substantially equivalent international
standard intended for structural
plywood), and which has both a face
and a back veneer of coniferous wood;
(2) products which have a face and back
veneer of cork; (3) multilayered wood
flooring, as described in the AD and
CVD orders on Multilayered Wood
Flooring from the People’s Republic of
China. See Multilayered Wood Flooring
from the People’s Republic of China, 76
FR 76690 (December 8, 2011) (amended
final determination of sales at less than
fair value and AD order), and
Multilayered Wood Flooring from the
People’s Republic of China, 76 FR 76693
(December 8, 2011) (countervailing duty
order), as amended by Multilayered
Wood Flooring from the People’s
Republic of China: Amended
Antidumping and Countervailing Duty
Orders, 77 FR 5484 (February 3, 2012);
(4) multilayered wood flooring with a
face veneer of bamboo or composed
entirely of bamboo; (5) plywood which
has a shape or design other than a flat
panel, with the exception of any minor
processing described above; (6) products
made entirely from bamboo and
adhesives (also known as ‘‘solid
bamboo’’); and (7) Phenolic Film Faced
Plyform (PFF), also known as Phenolic
Surface Film Plywood (PSF), defined as
a panel with an ‘‘Exterior’’ or ‘‘Exposure
1’’ bond classification as is defined by
The Engineered Wood Association,
having an opaque phenolic film layer
with a weight equal to or greater than
90g/m3 permanently bonded on both
the face and back veneers and an
opaque, moisture resistant coating
applied to the edges.
Excluded from the scope of the Orders
are wooden furniture goods that, at the
time of importation, are fully assembled
and are ready for their intended uses.
Also excluded from the scope of the
Orders is ‘‘ready to assemble’’ (RTA)
furniture. RTA furniture is defined as
(A) furniture packaged for sale for
ultimate purchase by an end-user that,
at the time of importation, includes (1)
all wooden components (in finished
form) required to assemble a finished
unit of furniture, (2) all accessory parts
(e.g., screws, washers, dowels, nails,
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handles, knobs, adhesive glues) required
to assemble a finished unit of furniture,
and (3) instructions providing guidance
on the assembly of a finished unit of
furniture; (B) unassembled bathroom
vanity cabinets, having a space for one
or more sinks, that are imported with all
unassembled hardwood and hardwood
plywood components that have been
cut-to-final dimensional component
shape/size, painted or stained prior to
importation, and stacked within a
singled shipping package, except for
furniture feet which may be packed and
shipped separately; or (C) unassembled
bathroom vanity linen closets that are
imported with all unassembled
hardwood and hardwood plywood
components that have been cut-to-final
dimensional shape/size, painted or
stained prior to importation, and
stacked within a single shipping
package, except for furniture feet which
may be packed and shipped separately.
Excluded from the scope of the Orders
are kitchen cabinets that, at the time of
importation, are fully assembled and are
ready for their intended uses. Also
excluded from the scope of the Orders
are RTA kitchen cabinets. RTA kitchen
cabinets are defined as kitchen cabinets
packaged for sale for ultimate purchase
by an end-user that, at the time of
importation, includes (1) all wooden
components (in finished form) required
to assemble a finished unit of cabinetry,
(2) all accessory parts (e.g., screws,
washers, dowels, nails, handles, knobs,
hooks, adhesive glues) required to
assemble a finished unit of cabinetry,
and (3) instructions providing guidance
on the assembly of a finished unit of
cabinetry.
Excluded from the scope of the Orders
are finished table tops, which are table
tops imported in finished form with precut or drilled openings to attach the
underframe or legs. The table tops are
ready for use at the time of import and
require no further finishing or
processing.
Excluded from the scope of this
Orders are finished countertops that are
imported in finished form and require
no further finishing or manufacturing.
Excluded from the scope of the Orders
are laminated veneer lumber door and
window components with (1) a
maximum width of 44 millimeters, a
thickness from 30 millimeters to 72
millimeters, and a length of less than
2413 millimeters (2) water boiling point
exterior adhesive, (3) a modulus of
elasticity of 1,500,000 pounds per
square inch or higher, (4) finger-jointed
or lap-jointed core veneer with all layers
oriented so that the grain is running
parallel or with no more than 3
dispersed layers of veneer oriented with
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the grain running perpendicular to the
other layers; and (5) top layer machined
with a curved edge and one or more
profile channels throughout.
Excluded from the scope of the Orders
are certain door stiles and rails made of
laminated veneer lumber that have a
width not to exceed 50 millimeters, a
thickness not to exceed 50 millimeters,
and a length of less than 2,450
millimeters.
Imports of hardwood plywood are
primarily entered under the following
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings:
4412.10.0500; 4412.31.0520;
4412.31.0540; 4412.31.0560;
4412.31.0620; 4412.31.0640;
4412.31.0660; 4412.31.2510;
4412.31.2520; 4412.31.2610;
4412.31.2620; 4412.31.4040;
4412.31.4050; 4412.31.4060;
4412.31.4075; 4412.31.4080;
4412.31.4140; 4412.31.4150;
4412.31.4155; 4412.31.4160;
4412.31.4180; 4412.31.4200;
4412.31.4500; 4412.31.4850;
4412.31.4860; 4412.31.4863;
4412.31.4865; 4412.31.4866;
4412.31.4880; 4412.31.4869;
4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165;
4412.31.5175; 4412.31.5235;
4412.31.5255; 4412.31.5260;
4412.31.5262; 4412.31.5264;
4412.31.5265; 4412.31.5266;
4412.31.5268; 4412.31.5270;
4412.31.5275; 4412.31.6000;
4412.31.6100; 4412.31.9100;
4412.31.9200; 4412.32.0520;
4412.32.0540; 4412.32.0565;
4412.32.0570; 4412.32.0620;
4412.32.0640; 4412.32.0670;
4412.32.2510; 4412.32.2525;
4412.32.2530; 4412.32.2610;
4412.32.2630; 4412.32.3125;
4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175;
4412.32.3185; 4412.32.3235;
4412.32.3255; 4412.32.3265;
4412.32.3275; 4412.32.3285;
4412.32.5600; 4412.32.5700;
4412.33.0620; 4412.33.0640;
4412.33.0670; 4412.33.2630;
4412.33.3235; 4412.33.3255;
4412.33.3265; 4412.33.3275;
4412.33.3285; 4412.33.5700;
4412.34.2600; 4412.34.3235;
4412.34.3255; 4412.34.3265;
4412.34.3275; 4412.34.3285;
4412.34.5700; 4412.39.1000;
4412.39.3000; 4412.39.4011;
4412.39.4012; 4412.39.4019;
4412.39.4031; 4412.39.4032;
4412.39.4039; 4412.39.4051;
4412.39.4052; 4412.39.4059;
4412.39.4061; 4412.39.4062;
4412.39.4069; 4412.39.5010;
4412.39.5030; 4412.39.5050;
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4412.41.0000; 4412.42.0000;
4412.51.1030; 4412.51.1050;
4412.51.3111; 4412.51.3121;
4412.51.3141; 4412.51.3161;
4412.51.3175; 4412.51.4100;
4412.51.5100; 4412.52.1030;
4412.52.1050; 4412.52.3121;
4412.52.3161; 4412.52.3175;
4412.52.4100; 4412.52.5100;
4412.91.0600; 4412.91.1020;
4412.91.1030; 4412.91.1040;
4412.91.3110; 4412.91.3120;
4412.91.3130; 4412.91.3140;
4412.91.3150; 4412.91.3160;
4412.91.3170; 4412.91.4100;
4412.91.5115; 4412.92.0700;
4412.92.1120; 4412.92.1130;
4412.92.1140; 4412.92.3120;
4412.92.3150; 4412.92.3160;
4412.92.3170; 4412.92.4200;
4412.92.5215; 4412.94.1030;
4412.94.1050; 4412.94.3105;
4412.94.3111; 4412.94.3121;
4412.94.3141; 4412.94.3161;
4412.94.3175; 4412.94.4100;
4412.99.0600; 4412.99.1020;
4412.99.1030; 4412.99.1040;
4412.99.3110; 4412.99.3120;
4412.99.3130; 4412.99.3140;
4412.99.3150; 4412.99.3160;
4412.99.3170; 4412.99.4100;
4412.99.5115; 4412.99.5710; and
9403.91.0080.
Imports of hardwood plywood may
also enter under HTSUS subheadings:
4412.10.9000; 4412.94.5100;
4412.94.9500; 4412.99.6000;
4412.99.7000; 4412.99.8000;
4412.99.9000; 4412.99.9500;
9403.90.7005; 9403.90.7010;
9403.90.7080; 9403.91.0005; and
9403.91.0010. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
Orders is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the
continuation of the Orders. U.S.
Customs and Border Protection will
continue to collect AD and CVD 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 Orders will be May 25, 2023.
Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.218(c)(2), Commerce
intends to initiate the next five-year
reviews of the Orders not later than 30
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days prior to the fifth anniversary of the
effective date of continuation.
Administrative Protective Order (APO)
This notice also serves as a final
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation of the APO which is subject to
sanction.
Notification to Interested Parties
These five-year sunset reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published in accordance with
section 777(i)(1) of the Act and 19 CFR
351.218(f)(4).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–833]
Large Diameter Welded Pipe From the
Republic of Turkey: Preliminary
Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that large diameter welded
pipe (welded pipe) from the Republic of
Turkey (Turkey) is not being sold in the
United States at less than normal value
(NV) during the period of review (POR)
May 1, 2021, through April 30, 2022.
Additionally, Commerce preliminarily
determines that four companies for
which we initiated a review had no
shipments during the POR. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT: Ajay
Menon, AD/CVD Operations, Office IX,
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Background
Commerce is conducting an
administrative review of the
antidumping order on welded pipe from
Turkey.1 On May 1, 2022, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 On
July 14, 2022, based on a timely request
for review, in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an
administrative review of the Order.3
This review covers 14 producers or
exporters of the subject merchandise.
Commerce selected HDM Celik Boru
Sanayi Ve Ticaret A.S. (HDM Celik),4
the only company with suspended
entries of subject merchandise during
the POR, as the mandatory respondent
in this review.5 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.6
Scope of the Order
The merchandise covered by this
Order is welded pipe.7 The product is
currently classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under subheadings
7305.11.1030, 7305.11.1060,
7305.11.5000, 7305.12.1030,
[FR Doc. 2023–12028 Filed 6–5–23; 8:45 am]
AGENCY:
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0208.
SUPPLEMENTARY INFORMATION:
1 See Large Diameter Welded Pipe from the
Republic of Turkey: Amended Final Affirmative
Antidumping Duty Determination and
Antidumping Duty Order, 84 FR 18799 (May 2,
2019) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 25619 (May 2, 2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144 (July 14, 2022).
4 In the less-than-fair-value (LTFV) investigation,
Commerce found that, in 2017, after HDM Celik
acquired HDM Spiral Kaynakli Celik Boru A.S.
(HDM Spiral), HDM Spiral ceased to exist. See
Large Diameter Welded Pipe from the Republic of
Turkey: Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final
Determination, 83 FR 43646, 43647 (August 27,
2018), unchanged in Large Diameter Welded Pipe
from the Republic of Turkey: Final Determination
of Sales at Less Than Fair Value, 84 FR 6362
(February 27, 2019).
5 See Memorandum, ‘‘Respondent Selection,’’
dated August 2, 2022.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021–2022
Administrative Review of the Antidumping Duty
Order on Large Diameter Welded Pipe from the
Republic of Turkey,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
7 For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
37017
7305.12.1060, 7305.12.5000,
7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000,
7305.31.6090, 7305.39.1000 and
7305.39.5000. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
Order is dispositive.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Export price is
calculated in accordance with section
772 of the Act. NV is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached 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.
Preliminary Determination of No
Shipments
Among the companies under review,
C
¸ imtas¸ Boru Imalatiral Ticaret Ltd
(Cimtas); Noksel Celik Boru Sanayi A.S.
(Noksel); and Toscelik Profil ve Sac
End. A.S. (AKA Toscelik Profile and
Sheet Ind. Co.) (Toscelik Profil) and
Toscelik Spiral Boru Uretim A.S.
(Toscelik Spiral) properly filed
statements that they made no shipments
of subject merchandise to the United
States during the POR.8 Based on their
certifications and our analysis of U.S.
Customs and Border Protection (CBP)
information, we preliminarily determine
that Cimtas, Noksel, Toscelik Profil, and
Toscelik Spiral had no shipments
during the POR.9 Consistent with our
practice, we are not preliminarily
rescinding the review with respect to
the companies. Instead, we will
complete the review and issue
8 See Toscelik Profil’s and Toscelik Spiral’s
Letter, ‘‘No Shipments Letter,’’ dated June 12, 2022;
Noksel’s Letter, ‘‘No Shipments Letter,’’ dated July
27, 2022; and Cimtas’ Letter, ‘‘No Shipments
Letter,’’ dated August 12, 2022.
9 See Memorandum, ‘‘No Shipment Inquiry for
Multiple Companies During the period 05/01/2021
through 04/30/2022,’’ dated January 9, 2023.
E:\FR\FM\06JNN1.SGM
06JNN1
]]>Agencies
[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37014-37017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12028]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051, C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Continuation of the Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
in their five-year (sunset) reviews that revocation of the antidumping
duty (AD) and countervailing duty (CVD) orders on certain hardwood
plywood products (hardwood plywood) from the People's Republic of China
(China) would likely lead to the continuation or recurrence of dumping
and countervailable subsidies, and material injury to an industry in
the United States, Commerce is publishing a notice of continuation of
these AD and CVD orders.
[[Page 37015]]
DATES: Applicable May 25, 2023.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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) 482-2593.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2018, Commerce published the AD and CVD orders on
hardwood plywood from China.\1\ On December 1, 2022, the ITC
instituted,\2\ and Commerce initiated, the first sunset reviews of the
Orders, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\3\ As a result of its reviews, Commerce determined
that revocation of the Orders would likely lead to the continuation or
recurrence of dumping and countervailable subsidization, and,
therefore, notified the ITC of the magnitude of the margins and subsidy
rates likely to prevail should the Orders be revoked.\4\
---------------------------------------------------------------------------
\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018);
see also Certain Hardwood Plywood Products from the People's
Republic of China: Countervailing Duty Order, 83 FR 513 (January 4,
2018) (collectively, the Orders).
\2\ See Hardwood Plywood from China; Institution of Five-Year
Review, 87 FR 73792 (December 1, 2022).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757
(December 1, 2022).
\4\ See Certain Hardwood Plywood Products from the People's
Republic of China: Final Results of the Expedited Sunset Review of
the Antidumping Duty Order, 88 FR 20121 (April 5, 2023), and
accompanying Issues and Decision Memorandum (IDM); see also Certain
Hardwood Plywood Products from the People's Republic of China: Final
Results of the Expedited First Sunset Review of the Countervailing
Duty Order, 88 FR 13782 (March 6, 2023), and accompanying IDM.
---------------------------------------------------------------------------
On May 25, 2023, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
---------------------------------------------------------------------------
\5\ See Hardwood Plywood from China, 88 FR 33906 (May 25, 2023).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by the Orders is hardwood and decorative
plywood, and certain veneered panels as described below. For purposes
of this proceeding, hardwood and decorative plywood is defined as a
generally flat, multilayered plywood or other veneered panel,
consisting of two or more layers or plies of wood veneers and a core,
with the face and/or back veneer made of non-coniferous wood (hardwood)
or bamboo. The veneers, along with the core may be glued or otherwise
bonded together. Hardwood and decorative plywood may include products
that meet the American National Standard for Hardwood and Decorative
Plywood, ANSI/HPVA HP-1-2016 (including any revisions to that
standard).
For purposes of the Orders, a ``veneer'' is a slice of wood
regardless of thickness which is cut, sliced or sawed from a log, bolt,
or flitch. The face and back veneers are the outermost veneer of wood
on either side of the core irrespective of additional surface coatings
or covers as described below.
The core of hardwood and decorative plywood consists of the layer
or layers of one or more material(s) that are situated between the face
and back veneers. The core may be composed of a range of materials,
including but not limited to hardwood, softwood, particleboard, or
medium-density fiberboard (MDF).
All hardwood plywood is included within the scope of the Orders
regardless of whether or not the face and/or back veneers are surface
coated or covered and whether or not such surface coating(s) or covers
obscures the grain, textures, or markings of the wood. Examples of
surface coatings and covers include, but are not limited to: ultra
violet light cured polyurethanes; oil or oil-modified or water based
polyurethanes; wax; epoxy-ester finishes; moisture-cured urethanes;
paints; stains; paper; aluminum; high pressure laminate; MDF; medium
density overlay (MDO); and phenolic film. Additionally, the face veneer
of hardwood plywood may be sanded; smoothed or given a ``distressed''
appearance through such methods as hand-scraping or wire brushing. All
hardwood plywood is included within the scope even if it is trimmed,
cut-to-size, notched, punched, drilled, or has underwent other forms of
minor processing.
All hardwood and decorative plywood is included within the scope of
the Orders, without regard to dimension (overall thickness, thickness
of face veneer, thickness of back veneer, thickness of core, thickness
of inner veneers, width, or length). However, the most common panel
sizes of hardwood and decorative plywood are 1219 x 1829 mm (48 x 72
inches), 1219 x 2438 mm (48 x 96 inches), and 1219 x 3048 mm (48 x 120
inches).
Subject merchandise also includes hardwood and decorative plywood
that has been further processed in a third country, including but not
limited to trimming, cutting, notching, punching, drilling, or any
other processing that would not otherwise remove the merchandise from
the scope of the Orders if performed in the country of manufacture of
the in-scope product.
The scope of the Orders excludes the following items: (1)
structural plywood (also known as ``industrial plywood'' or
``industrial panels'') that is manufactured to meet U.S. Products
Standard PS 1-09, PS 2-09, or PS 2-10 for Structural Plywood (including
any revisions to that standard or any substantially equivalent
international standard intended for structural plywood), and which has
both a face and a back veneer of coniferous wood; (2) products which
have a face and back veneer of cork; (3) multilayered wood flooring, as
described in the AD and CVD orders on Multilayered Wood Flooring from
the People's Republic of China. See Multilayered Wood Flooring from the
People's Republic of China, 76 FR 76690 (December 8, 2011) (amended
final determination of sales at less than fair value and AD order), and
Multilayered Wood Flooring from the People's Republic of China, 76 FR
76693 (December 8, 2011) (countervailing duty order), as amended by
Multilayered Wood Flooring from the People's Republic of China: Amended
Antidumping and Countervailing Duty Orders, 77 FR 5484 (February 3,
2012); (4) multilayered wood flooring with a face veneer of bamboo or
composed entirely of bamboo; (5) plywood which has a shape or design
other than a flat panel, with the exception of any minor processing
described above; (6) products made entirely from bamboo and adhesives
(also known as ``solid bamboo''); and (7) Phenolic Film Faced Plyform
(PFF), also known as Phenolic Surface Film Plywood (PSF), defined as a
panel with an ``Exterior'' or ``Exposure 1'' bond classification as is
defined by The Engineered Wood Association, having an opaque phenolic
film layer with a weight equal to or greater than 90g/m3 permanently
bonded on both the face and back veneers and an opaque, moisture
resistant coating applied to the edges.
Excluded from the scope of the Orders are wooden furniture goods
that, at the time of importation, are fully assembled and are ready for
their intended uses. Also excluded from the scope of the Orders is
``ready to assemble'' (RTA) furniture. RTA furniture is defined as (A)
furniture packaged for sale for ultimate purchase by an end-user that,
at the time of importation, includes (1) all wooden components (in
finished form) required to assemble a finished unit of furniture, (2)
all accessory parts (e.g., screws, washers, dowels, nails,
[[Page 37016]]
handles, knobs, adhesive glues) required to assemble a finished unit of
furniture, and (3) instructions providing guidance on the assembly of a
finished unit of furniture; (B) unassembled bathroom vanity cabinets,
having a space for one or more sinks, that are imported with all
unassembled hardwood and hardwood plywood components that have been
cut-to-final dimensional component shape/size, painted or stained prior
to importation, and stacked within a singled shipping package, except
for furniture feet which may be packed and shipped separately; or (C)
unassembled bathroom vanity linen closets that are imported with all
unassembled hardwood and hardwood plywood components that have been
cut-to-final dimensional shape/size, painted or stained prior to
importation, and stacked within a single shipping package, except for
furniture feet which may be packed and shipped separately.
Excluded from the scope of the Orders are kitchen cabinets that, at
the time of importation, are fully assembled and are ready for their
intended uses. Also excluded from the scope of the Orders are RTA
kitchen cabinets. RTA kitchen cabinets are defined as kitchen cabinets
packaged for sale for ultimate purchase by an end-user that, at the
time of importation, includes (1) all wooden components (in finished
form) required to assemble a finished unit of cabinetry, (2) all
accessory parts (e.g., screws, washers, dowels, nails, handles, knobs,
hooks, adhesive glues) required to assemble a finished unit of
cabinetry, and (3) instructions providing guidance on the assembly of a
finished unit of cabinetry.
Excluded from the scope of the Orders are finished table tops,
which are table tops imported in finished form with pre-cut or drilled
openings to attach the underframe or legs. The table tops are ready for
use at the time of import and require no further finishing or
processing.
Excluded from the scope of this Orders are finished countertops
that are imported in finished form and require no further finishing or
manufacturing.
Excluded from the scope of the Orders are laminated veneer lumber
door and window components with (1) a maximum width of 44 millimeters,
a thickness from 30 millimeters to 72 millimeters, and a length of less
than 2413 millimeters (2) water boiling point exterior adhesive, (3) a
modulus of elasticity of 1,500,000 pounds per square inch or higher,
(4) finger-jointed or lap-jointed core veneer with all layers oriented
so that the grain is running parallel or with no more than 3 dispersed
layers of veneer oriented with the grain running perpendicular to the
other layers; and (5) top layer machined with a curved edge and one or
more profile channels throughout.
Excluded from the scope of the Orders are certain door stiles and
rails made of laminated veneer lumber that have a width not to exceed
50 millimeters, a thickness not to exceed 50 millimeters, and a length
of less than 2,450 millimeters.
Imports of hardwood plywood are primarily entered under the
following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 4412.10.0500; 4412.31.0520; 4412.31.0540; 4412.31.0560;
4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510; 4412.31.2520;
4412.31.2610; 4412.31.2620; 4412.31.4040; 4412.31.4050; 4412.31.4060;
4412.31.4075; 4412.31.4080; 4412.31.4140; 4412.31.4150; 4412.31.4155;
4412.31.4160; 4412.31.4180; 4412.31.4200; 4412.31.4500; 4412.31.4850;
4412.31.4860; 4412.31.4863; 4412.31.4865; 4412.31.4866; 4412.31.4880;
4412.31.4869; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165;
4412.31.5175; 4412.31.5235; 4412.31.5255; 4412.31.5260; 4412.31.5262;
4412.31.5264; 4412.31.5265; 4412.31.5266; 4412.31.5268; 4412.31.5270;
4412.31.5275; 4412.31.6000; 4412.31.6100; 4412.31.9100; 4412.31.9200;
4412.32.0520; 4412.32.0540; 4412.32.0565; 4412.32.0570; 4412.32.0620;
4412.32.0640; 4412.32.0670; 4412.32.2510; 4412.32.2525; 4412.32.2530;
4412.32.2610; 4412.32.2630; 4412.32.3125; 4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.3235; 4412.32.3255;
4412.32.3265; 4412.32.3275; 4412.32.3285; 4412.32.5600; 4412.32.5700;
4412.33.0620; 4412.33.0640; 4412.33.0670; 4412.33.2630; 4412.33.3235;
4412.33.3255; 4412.33.3265; 4412.33.3275; 4412.33.3285; 4412.33.5700;
4412.34.2600; 4412.34.3235; 4412.34.3255; 4412.34.3265; 4412.34.3275;
4412.34.3285; 4412.34.5700; 4412.39.1000; 4412.39.3000; 4412.39.4011;
4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039;
4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062;
4412.39.4069; 4412.39.5010; 4412.39.5030; 4412.39.5050; 4412.41.0000;
4412.42.0000; 4412.51.1030; 4412.51.1050; 4412.51.3111; 4412.51.3121;
4412.51.3141; 4412.51.3161; 4412.51.3175; 4412.51.4100; 4412.51.5100;
4412.52.1030; 4412.52.1050; 4412.52.3121; 4412.52.3161; 4412.52.3175;
4412.52.4100; 4412.52.5100; 4412.91.0600; 4412.91.1020; 4412.91.1030;
4412.91.1040; 4412.91.3110; 4412.91.3120; 4412.91.3130; 4412.91.3140;
4412.91.3150; 4412.91.3160; 4412.91.3170; 4412.91.4100; 4412.91.5115;
4412.92.0700; 4412.92.1120; 4412.92.1130; 4412.92.1140; 4412.92.3120;
4412.92.3150; 4412.92.3160; 4412.92.3170; 4412.92.4200; 4412.92.5215;
4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121;
4412.94.3141; 4412.94.3161; 4412.94.3175; 4412.94.4100; 4412.99.0600;
4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120;
4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170;
4412.99.4100; 4412.99.5115; 4412.99.5710; and 9403.91.0080.
Imports of hardwood plywood may also enter under HTSUS subheadings:
4412.10.9000; 4412.94.5100; 4412.94.9500; 4412.99.6000; 4412.99.7000;
4412.99.8000; 4412.99.9000; 4412.99.9500; 9403.90.7005; 9403.90.7010;
9403.90.7080; 9403.91.0005; and 9403.91.0010. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the Orders is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the continuation of the Orders. U.S.
Customs and Border Protection will continue to collect AD and CVD 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 Orders will be May
25, 2023. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year reviews
of the Orders not later than 30
[[Page 37017]]
days prior to the fifth anniversary of the effective date of
continuation.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation of
the APO which is subject to sanction.
Notification to Interested Parties
These five-year sunset reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-12028 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P
