Wood Mouldings and Millwork Products From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2020-2021, 62319-62322 [2023-19490]
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Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices
entity (i.e., 159.64 percent) 6 is not
subject to change as a result of this
review.
Disclosure
We intend to disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with these final results of
review. We intend to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of
these final results. 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).
Because Fushun Jinly did not report
entered value, we calculated a per-unit
rate for each importer (or customer) by
dividing the total amount of dumping
calculated for reviewed sales to that
party by the total sales quantity
associated with those transactions. For
duty-assessment rates calculated on this
basis, we will direct CBP to assess the
resulting per-unit rate against the
entered quantity of the subject
merchandise. Where an importer- (or
customer-) specific assessment rate is
zero or de minimis (i.e., less than 0.50
percent), Commerce will instruct CBP to
assess that importer’s (or customer’s)
entries of subject merchandise without
regard to antidumping duties in
accordance with 19 CFR 351.106(c)(2).
For entries that were not reported in the
U.S. sales database submitted by
Fushun Jinly during this review,
Commerce will instruct CBP to liquidate
such entries at the antidumping duty
assessment rate for the China-wide
entity (i.e., 159.64 percent).
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
final results of this administrative
review for all shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
6 See
Small Diameter Graphite Electrodes from
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2015–2016,
82 FR 10876, 10877 (February 16, 2017).
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17:10 Sep 08, 2023
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consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) for Fushun Jinly the cash
deposit rate will be the margin listed
above; (2) for previously investigated or
reviewed Chinese and non-Chinese
exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recently
completed segment of this proceeding in
which they were reviewed; (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 equal to the
weighted-average dumping margin for
the China-wide entity (i.e.,159.64
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(s) that supplied that nonChinese exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
62319
Dated: September 5, 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether To Revise the
Primary Surrogate Country Selection
Comment 2: Whether To Revise the
Surrogate Value for Labor
Comment 3: Whether To Allow a ByProduct Offset
Comment 4: Whether the By-Product Offset
Surrogate Value Is Appropriate
Comment 5: Whether the Tollers’ Factors
of Production Are Reliable
Comment 6: Whether To Revise the Freight
Expense to and From the Tollers
VI. Recommendation
[FR Doc. 2023–19526 Filed 9–8–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping 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 duties has occurred and
the subsequent assessment of double
antidumping duties.
International Trade Administration
Administrative Protective Order
SUMMARY:
This notice also serves as a reminder
to parties subject to administrative
protective order (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 which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
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[C–570–118]
Wood Mouldings and Millwork
Products From the People’s Republic
of China: Final Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies were provided
to producers and exporters of wood
mouldings and millwork products
(millwork products) from the People’s
Republic of China (China) during the
period of review (POR) from June 12,
2020, through December 31, 2021.
Commerce is also rescinding the review
with respect to five companies that had
no reviewable entries during the POR.
DATES:
Applicable September 11, 2023.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery or Craig Matney, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1537 or
(202) 482–2429, respectively.
SUPPLEMENTARY INFORMATION:
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Background
On March 7, 2023, Commerce
published the Preliminary Results.1 On
July 17, 2023, we released the final
verification report and invited parties to
comment on the Preliminary Results.2
For a detailed description of the events
that occurred subsequent to the
Preliminary Results, see the Issues and
Decision Memorandum.3 On June 14,
2023, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce extended
the deadline for issuing the final results
until September 1, 2023.4
ddrumheller on DSK120RN23PROD with NOTICES1
Scope of the Order 5
The merchandise subject to the Order
is wood mouldings and millwork
products from China, 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,
1 See Wood Mouldings and Millwork Products
From the People’s Republic of China: Preliminary
Results and Partial Rescission of Countervailing
Duty Administrative Review; 2020–2021, 88 FR
14122 (March 7, 2023) (Preliminary Results) and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memoranda, ‘‘Verification of the
Questionnaire Responses of Fujian Yinfeng Imp &
Exp Trading Co., Ltd. and Its Cross-Owned
Companies’’ dated July 17, 2023 (Yinfeng
Verification Report); ‘‘Verification of the
Questionnaire Responses of Fujian Jinquan Trade
Co., Ltd. and Its Cross-Owned Producer’’ dated July
17, 2023 (Jinquan Verification Report); and ‘‘Case
Brief Schedule,’’ dated July 17, 2023.
3 See Memorandum, ‘‘Wood Mouldings and
Millwork Products from the People’s Republic of
China: Issues and Decision Memorandum for the
Final Results of the 2020–2021 Countervailing Duty
Administrative Review,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
4 See Memorandum, ‘‘Extension of Deadline for
the Final Results of Countervailing Duty
Administrative Review; 2020–2021,’’ dated June 14,
2023.
5 See Wood Mouldings and Millwork Products
from the People’s Republic of China: Countervailing
Duty Order, 86 FR 9484 (February 16, 2021) (Order).
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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. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
Rescission of Administrative Review, in
Part
In the Preliminary Results, Commerce
stated that we intended to further
examine the rescission of this
administrative review with respect to
five companies, Aventra Inc., China
Cornici Co., Ltd., Omni One Co.,
Limited, Raoping HongRong Handicrafts
Co., Ltd. (d.b.a. Chen Chui Global Corp),
and Shenzhen Xinjintai Industrial Co.,
Ltd., that submitted comments claiming
that they had entries of subject
merchandise during the POR in
response to Commerce’s memorandum
stating our intent to rescind the
administrate review with respect to
these companies in the absence of
evidence of suspended entries during
the POR.6 We find that these companies
have no reviewable entries of subject
merchandise during the POR. As a
result, we are rescinding this review,
pursuant to 19 CFR 351.213(d)(3), with
respect to these companies.
For further information regarding this
determination, see ‘‘Final Rescission of
Administrative Review, In Part’’ section
in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by interested parties
in briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is provided in
Appendix I of this notice. The Issues
6 See Preliminary Results PDM at 5–6; see also
Memorandum, ‘‘Notice of Intent to Rescind Review,
In Part,’’ dated June 29, 2022; Aventra Inc.’s Letter,
‘‘Comments on Notice of Intent to Rescind Review,
In Part,’’ dated July 13, 2022; China Cornici Co.,
Ltd.’s Letter, ‘‘Comments on Notice of Intent to
Rescind Review, In Part,’’ dated July 13, 2022;
Omni One Co., Limited’s Letter, ‘‘Comments on
Notice of Intent to Rescind Review, In Part,’’ July
13, 2022; Raoping HongRong Handicrafts Co., Ltd.’s
Letter, ‘‘Comments on Notice of Intent to Rescind
Review, In Part,’’ dated July 13, 2022; Shenzhen
Xinjintai Industrial Co., Ltd.’s Letter, ‘‘Comments
on Notice of Intent to Rescind Review, In Part,’’
dated July 13, 2022.
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and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain revisions to
the countervailable subsidy rate
calculations for Fujian Jinquan Trade
Co., Ltd. (Jinquan) and Fujian Yinfeng
Imp & Exp Trading Co., Ltd. (Yinfeng).7
As a result of the changes to Jinquan
and Yinfeng’s program rates, the final
rate for the 23 non-selected companies
under review also changed.8 These
changes are explained in the Issues and
Decision Memorandum.
Methodology
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
the Act. For each of the subsidy
programs found countervailable, we
find 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.9 The Issues and Decision
Memorandum contains a full
description of the methodology
underlying Commerce’s conclusions,
including any determination that relied
upon the use of adverse facts available
pursuant to sections 776(a) and (b) of
the Act.
Verification
Pursuant to section 782(i) of the Act,
and 19 CFR 351.307(b)(iv), we
conducted verification of the
questionnaire responses of Jinquan and
Yinfeng.10
Companies Not Selected for Individual
Review
The statute and Commerce’s
regulations do not address the
7 See Memoranda, ‘‘Final Results Calculations for
Fujian Jinquan Trade Co., Ltd.,’’ and ‘‘Final Results
Calculations for Fujian Yinfeng Imp & Exp Trading
Co., Ltd.’’ dated concurrently with this notice.
8 The 23 non-selected companies under review
are listed in Appendix III of this notice.
9 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.
10 See Yinfeng Verification Report and Jinquan
Verification Report.
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establishment of a rate to be applied to
companies 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 705(c)(5) of the Act, which
provides instructions for determining
the all-others rate in an investigation,
for guidance when calculating the rate
for companies which were not selected
for individual examination in an
administrative review. Under section
705(c)(5)(A) of the Act, the all-others
rate is normally an amount equal to the
weighted average of the countervailable
subsidy rates established for exporters
and producers individually
investigated, excluding any zero or de
minimis countervailable subsidy rates,
and any rates determined entirely on the
basis of facts available.
As stated above, there are 23
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. For these
non-selected companies, because the
rates calculated for mandatory
respondents Jinquan and Yinfeng were
above de minimis and not based entirely
on facts available, we applied a final
subsidy rate based on a weighted
average of the rates calculated for the
two mandatory respondents using the
publicly ranged sales data they
submitted on the record. This
methodology is consistent with our
practice for establishing an all-others
subsidy rate pursuant to section
705(c)(5)(A) of the Act. For a list of the
non-selected companies, see Appendix
III to this notice.
Final Results of Review
We find the countervailable subsidy
rates for the mandatory and nonselected respondents under review for
the period of June 12, 2020, through
December 31, 2021, to be as follows:
Producer/exporter
Fujian Jinquan Trade Co., Ltd.11 .............................................................................................................................
Fujian Yinfeng Imp & Exp Trading Co., Ltd.12 ........................................................................................................
Non-Selected Companies Under Review 13 ............................................................................................................
Disclosure
We intend to disclose the calculations
performed in connection with the final
results of review to parties in this
proceeding within five days of the date
of publication of this notice in the
Federal Register in accordance with 19
CFR 351.224(b).
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and U.S Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review, for the above-listed companies
at the applicable ad valorem assessment
rates listed for the corresponding time
periods (i.e., June 12, 2020, to December
31, 2020, and January 1, 2021, to
December 31, 2021). For entries made
during the gap period (i.e., on or after
October 10, 2020, through February 16,
2021), we will continue to instruct CBP
to liquidate the entries without regard to
countervailing duties pursuant to
section 703(d) of the Act. Commerce
intends 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.
11 Jinquan is cross-owned with Fujian Province
Youxi County Baiyuan Wood Machining Co., Ltd.
12 The following companies are cross-owned with
Yinfeng: Fujian Province Youxi City Mangrove
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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).
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, Commerce intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for 2021, the second
year covered by the POR, for each of 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.14 For all nonreviewed firms subject to the Order, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, effective upon
publication of the final results of
review, shall remain in effect until
further notice.
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to an APO of their
Wood Machining Co., Ltd.; and Fujian Province
Youxi City Mangrove Wood Machining Co., Ltd.
Youxi Xicheng Branch. Fujian Province.
13 See Appendix III.
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Subsidy rate
for June 12 to
December 31,
2020
(percent ad
valorem)
Subsidy rate
for January 1
to
December 31,
2021
(percent ad
valorem)
10.60
6.63
7.64
15.96
6.46
8.89
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 which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: September 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Final Rescission of Review, in Part
IV. Scope of the Order
V. Diversification of China’s Economy
VI. Use of Facts Otherwise Available and
Application of Adverse Inferences
14 See Comment 3 in the Issues and Decision
Memorandum for further discussion.
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VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Commerce Should
Change Its Preliminary Findings
Regarding the Export Buyer’s Credit
Program (EBCP)
Comment 2: Whether Commerce Should
Rescind the Administrative Review for
Certain Companies
Comment 3: Whether Commerce Should
Average the Respondents’ 2020 and 2021
Total Ad Valorem Subsidy Rates for Use
as a Cash Deposit Rate
Comment 4: Whether Certain Purchases of
Upstream Inputs Should Have Been
Reported and/or Countervailed
Comment 5: Whether Commerce Should
Apply Adverse Facts Available (AFA) to
Jinquan for Its Cross-Owned Producer’s
Unreported Purchases of Primer for Less
Than Adequate Remuneration (LTAR)
and Wood Glues and Adhesives
(Adhesives) for LTAR
Comment 13: Whether Commerce Should
Correct Certain Errors in Yinfeng’s
Preliminary Rate Calculation
Comment 14: Whether Commerce Should
Correct Errors in Jinquan’s Preliminary
Calculation of Benefit for Land for LTAR
X. Recommendation
Appendix II
Companies for Which the Review Is
Rescinded Due to No Reviewable/Suspended
Entries
1. Aventra Inc.
2. China Cornici Co., Ltd.
3. Omni One Co., Limited
4. Raoping HongRong Handicrafts Co., Ltd.
(d.b.a. Chen Chui Global Corp.)
5. Shenzhen Xinjintai Industrial Co., Ltd.
Appendix III
Table of Rates for Non Selected Companies
Under Review
Producer/exporter
Net countervailable
subsidy rate for June 12
to December 31, 2020
(percent ad valorem)
Net countervailable
subsidy rate for
January 1
to December 31, 2021
(percent ad valorem)
Anji Huaxin Bamboo & Wood Products Co., Ltd ....................................................................
Baixing Import and Export Trading Co., Ltd. Youxi Fujian .....................................................
Bel Trade Wood Industrial Co .................................................................................................
Bel Trade Wood Industrial Co., Ltd. Youxi Fujian ...................................................................
Cao County Hengda Wood Products Co., Ltd ........................................................................
Fotiou Frames Limited .............................................................................................................
Fujian Hongjia Craft Products Co., Ltd ...................................................................................
Fujian Shunchang Shengsheng Wood Industry Limited Company ........................................
Fujian Wangbin Decorative Material Co., Ltd .........................................................................
Fujian Youxi Best Arts & Crafts Co., Ltd .................................................................................
Fujian Zhangping Kimura Forestry Products Co., Ltd .............................................................
Homebuild Industries Co., Ltd .................................................................................................
Jiangsu Chensheng Forestry Development Co., Ltd ..............................................................
Jiangsu Wenfeng Wood Co., Ltd ............................................................................................
Longquan Jiefeng Trade Co., Ltd ............................................................................................
Nanping Huatai Wood & Bamboo Co., Ltd .............................................................................
Putian Yihong Wood Industry Co., Ltd ....................................................................................
Shaxian Hengtong Wood Industry Co., Ltd .............................................................................
Shaxian Shiyiwood, Ltd ...........................................................................................................
Shuyang Kevin International Co., Ltd ......................................................................................
Wuxi Boda Bamboo & Wood Industrial Co., Ltd .....................................................................
Zhangzhou Wangjiamei Industry & Trade Co., Ltd .................................................................
Zhangzhou Yihong Industrial Co., Ltd .....................................................................................
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
7.64
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
8.89
DEPARTMENT OF COMMERCE
various antidumping duty (AD) and
countervailing duty (CVD) orders with
July anniversary dates. In accordance
with Commerce’s regulations, we are
initiating those administrative reviews.
International Trade Administration
DATES:
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2023–19490 Filed 9–8–23; 8:45 am]
BILLING CODE 3510–DS–P
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Comment 6: Whether Commerce Should
Rely on Certain Inland Freight Data in
Calculating Benchmarks for Inputs for
LTAR
Comment 7: Whether the GOC’s Provision
of Electricity for LTAR Is Specific
Comment 8: Whether Individually Owned
Input Suppliers Are Government
Authorities
Comment 9: Whether Commerce Should
Use the Respondents’ Revised Sales Data
From Verification in the Final Results
Comment 10: Whether Commerce Should
Make Changes to Its Benchmark
Calculations for Ocean Freight
A. Whether Commerce Should Use Certain
Ocean Freight Data in Calculating
Benchmarks
B. Whether Commerce Should Adjust Its
Averaging Methodology
Comment 11: Whether Commerce Should
Rely on Certain Land Benchmark Data
Comment 12: Whether Commerce Should
Adjust Its Calculation of Electricity for
LTAR Benefits
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has received requests to
conduct administrative reviews of
AGENCY:
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Applicable September 11, 2023.
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
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Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders with July
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of No Sales
With respect to antidumping
administrative reviews, if a producer or
exporter named in this notice of
E:\FR\FM\11SEN1.SGM
11SEN1
]]>Agencies
[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62319-62322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19490]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-118]
Wood Mouldings and Millwork Products From the People's Republic
of China: Final Results and Partial Rescission of Countervailing Duty
Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were provided to producers and exporters of
wood mouldings and millwork products (millwork products) from the
People's Republic of China (China) during the period of review (POR)
from June 12, 2020, through December 31, 2021. Commerce is also
rescinding the review with respect to five companies that had no
reviewable entries during the POR.
DATES: Applicable September 11, 2023.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Craig Matney, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1537 or (202) 482-2429,
respectively.
SUPPLEMENTARY INFORMATION:
[[Page 62320]]
Background
On March 7, 2023, Commerce published the Preliminary Results.\1\ On
July 17, 2023, we released the final verification report and invited
parties to comment on the Preliminary Results.\2\ For a detailed
description of the events that occurred subsequent to the Preliminary
Results, see the Issues and Decision Memorandum.\3\ On June 14, 2023,
in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce extended the deadline for issuing the final
results until September 1, 2023.\4\
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\1\ See Wood Mouldings and Millwork Products From the People's
Republic of China: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review; 2020-2021, 88 FR 14122
(March 7, 2023) (Preliminary Results) and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memoranda, ``Verification of the Questionnaire Responses
of Fujian Yinfeng Imp & Exp Trading Co., Ltd. and Its Cross-Owned
Companies'' dated July 17, 2023 (Yinfeng Verification Report);
``Verification of the Questionnaire Responses of Fujian Jinquan
Trade Co., Ltd. and Its Cross-Owned Producer'' dated July 17, 2023
(Jinquan Verification Report); and ``Case Brief Schedule,'' dated
July 17, 2023.
\3\ See Memorandum, ``Wood Mouldings and Millwork Products from
the People's Republic of China: Issues and Decision Memorandum for
the Final Results of the 2020-2021 Countervailing Duty
Administrative Review,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
\4\ See Memorandum, ``Extension of Deadline for the Final
Results of Countervailing Duty Administrative Review; 2020-2021,''
dated June 14, 2023.
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Scope of the Order 5
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\5\ See Wood Mouldings and Millwork Products from the People's
Republic of China: Countervailing Duty Order, 86 FR 9484 (February
16, 2021) (Order).
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The merchandise subject to the Order is wood mouldings and millwork
products from China, 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. A full description of the scope of the
Order is contained in the Issues and Decision Memorandum.
Rescission of Administrative Review, in Part
In the Preliminary Results, Commerce stated that we intended to
further examine the rescission of this administrative review with
respect to five companies, Aventra Inc., China Cornici Co., Ltd., Omni
One Co., Limited, Raoping HongRong Handicrafts Co., Ltd. (d.b.a. Chen
Chui Global Corp), and Shenzhen Xinjintai Industrial Co., Ltd., that
submitted comments claiming that they had entries of subject
merchandise during the POR in response to Commerce's memorandum stating
our intent to rescind the administrate review with respect to these
companies in the absence of evidence of suspended entries during the
POR.\6\ We find that these companies have no reviewable entries of
subject merchandise during the POR. As a result, we are rescinding this
review, pursuant to 19 CFR 351.213(d)(3), with respect to these
companies.
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\6\ See Preliminary Results PDM at 5-6; see also Memorandum,
``Notice of Intent to Rescind Review, In Part,'' dated June 29,
2022; Aventra Inc.'s Letter, ``Comments on Notice of Intent to
Rescind Review, In Part,'' dated July 13, 2022; China Cornici Co.,
Ltd.'s Letter, ``Comments on Notice of Intent to Rescind Review, In
Part,'' dated July 13, 2022; Omni One Co., Limited's Letter,
``Comments on Notice of Intent to Rescind Review, In Part,'' July
13, 2022; Raoping HongRong Handicrafts Co., Ltd.'s Letter,
``Comments on Notice of Intent to Rescind Review, In Part,'' dated
July 13, 2022; Shenzhen Xinjintai Industrial Co., Ltd.'s Letter,
``Comments on Notice of Intent to Rescind Review, In Part,'' dated
July 13, 2022.
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For further information regarding this determination, see ``Final
Rescission of Administrative Review, In Part'' section in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided in Appendix I of this
notice. The Issues and Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the countervailable subsidy rate calculations for Fujian
Jinquan Trade Co., Ltd. (Jinquan) and Fujian Yinfeng Imp & Exp Trading
Co., Ltd. (Yinfeng).\7\ As a result of the changes to Jinquan and
Yinfeng's program rates, the final rate for the 23 non-selected
companies under review also changed.\8\ These changes are explained in
the Issues and Decision Memorandum.
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\7\ See Memoranda, ``Final Results Calculations for Fujian
Jinquan Trade Co., Ltd.,'' and ``Final Results Calculations for
Fujian Yinfeng Imp & Exp Trading Co., Ltd.'' dated concurrently with
this notice.
\8\ The 23 non-selected companies under review are listed in
Appendix III of this notice.
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Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we find 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.\9\ The Issues and Decision
Memorandum contains a full description of the methodology underlying
Commerce's conclusions, including any determination that relied upon
the use of adverse facts available pursuant to sections 776(a) and (b)
of the Act.
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\9\ 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.
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Verification
Pursuant to section 782(i) of the Act, and 19 CFR 351.307(b)(iv),
we conducted verification of the questionnaire responses of Jinquan and
Yinfeng.\10\
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\10\ See Yinfeng Verification Report and Jinquan Verification
Report.
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Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
[[Page 62321]]
establishment of a rate to be applied to companies 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 705(c)(5) of the Act, which
provides instructions for determining the all-others rate in an
investigation, for guidance when calculating the rate for companies
which were not selected for individual examination in an administrative
review. Under section 705(c)(5)(A) of the Act, the all-others rate is
normally an amount equal to the weighted average of the countervailable
subsidy rates established for exporters and producers individually
investigated, excluding any zero or de minimis countervailable subsidy
rates, and any rates determined entirely on the basis of facts
available.
As stated above, there are 23 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. For
these non-selected companies, because the rates calculated for
mandatory respondents Jinquan and Yinfeng were above de minimis and not
based entirely on facts available, we applied a final subsidy rate
based on a weighted average of the rates calculated for the two
mandatory respondents using the publicly ranged sales data they
submitted on the record. This methodology is consistent with our
practice for establishing an all-others subsidy rate pursuant to
section 705(c)(5)(A) of the Act. For a list of the non-selected
companies, see Appendix III to this notice.
Final Results of Review
We find the countervailable subsidy rates for the mandatory and
non-selected respondents under review for the period of June 12, 2020,
through December 31, 2021, to be as follows:
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\11\ Jinquan is cross-owned with Fujian Province Youxi County
Baiyuan Wood Machining Co., Ltd.
\12\ The following companies are cross-owned with Yinfeng:
Fujian Province Youxi City Mangrove Wood Machining Co., Ltd.; and
Fujian Province Youxi City Mangrove Wood Machining Co., Ltd. Youxi
Xicheng Branch. Fujian Province.
\13\ See Appendix III.
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Subsidy rate
Subsidy rate for January 1
for June 12 to to December
Producer/exporter December 31, 31, 2021
2020 (percent (percent ad
ad valorem) valorem)
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Fujian Jinquan Trade Co., Ltd.\11\...... 10.60 15.96
Fujian Yinfeng Imp & Exp Trading Co., 6.63 6.46
Ltd.\12\...............................
Non-Selected Companies Under Review \13\ 7.64 8.89
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Disclosure
We intend to disclose the calculations performed in connection with
the final results of review to parties in this proceeding within five
days of the date of publication of this notice in the Federal Register
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S Customs and Border Protection (CBP)
shall assess, countervailing duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review, for the above-listed companies at the applicable ad valorem
assessment rates listed for the corresponding time periods (i.e., June
12, 2020, to December 31, 2020, and January 1, 2021, to December 31,
2021). For entries made during the gap period (i.e., on or after
October 10, 2020, through February 16, 2021), we will continue to
instruct CBP to liquidate the entries without regard to countervailing
duties pursuant to section 703(d) of the Act. Commerce intends 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).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for 2021, the second year covered by the
POR, for each of 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.\14\ For all non-reviewed firms subject to
the Order, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate applicable to the company, as appropriate. These cash
deposit requirements, effective upon publication of the final results
of review, shall remain in effect until further notice.
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\14\ See Comment 3 in the Issues and Decision Memorandum for
further discussion.
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Administrative Protective Order (APO)
This notice also serves as a 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 which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act and 19 CFR 351.221(b)(5).
Dated: September 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Final Rescission of Review, in Part
IV. Scope of the Order
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
[[Page 62322]]
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Commerce Should Change Its Preliminary
Findings Regarding the Export Buyer's Credit Program (EBCP)
Comment 2: Whether Commerce Should Rescind the Administrative
Review for Certain Companies
Comment 3: Whether Commerce Should Average the Respondents' 2020
and 2021 Total Ad Valorem Subsidy Rates for Use as a Cash Deposit
Rate
Comment 4: Whether Certain Purchases of Upstream Inputs Should
Have Been Reported and/or Countervailed
Comment 5: Whether Commerce Should Apply Adverse Facts Available
(AFA) to Jinquan for Its Cross-Owned Producer's Unreported Purchases
of Primer for Less Than Adequate Remuneration (LTAR) and Wood Glues
and Adhesives (Adhesives) for LTAR
Comment 6: Whether Commerce Should Rely on Certain Inland
Freight Data in Calculating Benchmarks for Inputs for LTAR
Comment 7: Whether the GOC's Provision of Electricity for LTAR
Is Specific
Comment 8: Whether Individually Owned Input Suppliers Are
Government Authorities
Comment 9: Whether Commerce Should Use the Respondents' Revised
Sales Data From Verification in the Final Results
Comment 10: Whether Commerce Should Make Changes to Its
Benchmark Calculations for Ocean Freight
A. Whether Commerce Should Use Certain Ocean Freight Data in
Calculating Benchmarks
B. Whether Commerce Should Adjust Its Averaging Methodology
Comment 11: Whether Commerce Should Rely on Certain Land
Benchmark Data
Comment 12: Whether Commerce Should Adjust Its Calculation of
Electricity for LTAR Benefits
Comment 13: Whether Commerce Should Correct Certain Errors in
Yinfeng's Preliminary Rate Calculation
Comment 14: Whether Commerce Should Correct Errors in Jinquan's
Preliminary Calculation of Benefit for Land for LTAR
X. Recommendation
Appendix II
Companies for Which the Review Is Rescinded Due to No Reviewable/
Suspended Entries
1. Aventra Inc.
2. China Cornici Co., Ltd.
3. Omni One Co., Limited
4. Raoping HongRong Handicrafts Co., Ltd. (d.b.a. Chen Chui Global
Corp.)
5. Shenzhen Xinjintai Industrial Co., Ltd.
Appendix III
Table of Rates for Non Selected Companies Under Review
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Net countervailable Net countervailable
subsidy rate for June 12 subsidy rate for January
Producer/exporter to December 31, 2020 1 to December 31, 2021
(percent ad valorem) (percent ad valorem)
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Anji Huaxin Bamboo & Wood Products Co., Ltd................. 7.64 8.89
Baixing Import and Export Trading Co., Ltd. Youxi Fujian.... 7.64 8.89
Bel Trade Wood Industrial Co................................ 7.64 8.89
Bel Trade Wood Industrial Co., Ltd. Youxi Fujian............ 7.64 8.89
Cao County Hengda Wood Products Co., Ltd.................... 7.64 8.89
Fotiou Frames Limited....................................... 7.64 8.89
Fujian Hongjia Craft Products Co., Ltd...................... 7.64 8.89
Fujian Shunchang Shengsheng Wood Industry Limited Company... 7.64 8.89
Fujian Wangbin Decorative Material Co., Ltd................. 7.64 8.89
Fujian Youxi Best Arts & Crafts Co., Ltd.................... 7.64 8.89
Fujian Zhangping Kimura Forestry Products Co., Ltd.......... 7.64 8.89
Homebuild Industries Co., Ltd............................... 7.64 8.89
Jiangsu Chensheng Forestry Development Co., Ltd............. 7.64 8.89
Jiangsu Wenfeng Wood Co., Ltd............................... 7.64 8.89
Longquan Jiefeng Trade Co., Ltd............................. 7.64 8.89
Nanping Huatai Wood & Bamboo Co., Ltd....................... 7.64 8.89
Putian Yihong Wood Industry Co., Ltd........................ 7.64 8.89
Shaxian Hengtong Wood Industry Co., Ltd..................... 7.64 8.89
Shaxian Shiyiwood, Ltd...................................... 7.64 8.89
Shuyang Kevin International Co., Ltd........................ 7.64 8.89
Wuxi Boda Bamboo & Wood Industrial Co., Ltd................. 7.64 8.89
Zhangzhou Wangjiamei Industry & Trade Co., Ltd.............. 7.64 8.89
Zhangzhou Yihong Industrial Co., Ltd........................ 7.64 8.89
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[FR Doc. 2023-19490 Filed 9-8-23; 8:45 am]
BILLING CODE 3510-DS-P
